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Contract 51410
City Secretary Construction 0 Project Manager 0 FORT WORTH CITY SECRETARY CONTRACT NO. PROJECT MANUAL FOR THE CONSTRUCTION OF LIVE OAK CONNECTOR FROM E 4TH ST TO WEATHERFORD ST City Project No.44593 TxDUT CSJ 4902-48-688 Betsy Price David Cooke Mayor City Manager Chris Harder Acting Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for Gwo The City of Fort Worth �' oy5 2018 HNTB Corporation TBPE REG#420 . a _ 73 FT.WORTH,TX A FORTWORTH, City of Fort Worth Standard Construction Specification Documents i�...........................*i j JOSHUA A �iIETH r� 97346 ,.•�i far�w�4 Nate: TxDOT specifications shall govern City specifications on this project. 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 4 TABLE OF CONTENTS Division 00-General Conditions 00 00 00 Table of Contents 0005 10 Mayor and Council Communication 09 05 is :Atddende 00 11 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 26 Contractor Compliance with Workers'Compensation Law 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01—TxDOT Requirements I. Disadvantaged Business Enterprises Requirements 2. Buy America 3. Child Support Statement(Family code 231.006) 4, OSHA Implementation Procedures 5. Disclosure of Lobbying Activities 6. Non-Collusion Statement and Debarment Certification T Form 1560 Certificate of Insurance 8. Certificate of Interest 9. Contractor's Assurance 10. Prevailing Minimum Wage—Davis Bacon 11. Prison-Produced Materials 12, Differing Site Conditions 13. Federal Requirements for Federal-Aid Construction Contracts(FHWA-1273) 14. FHWA Form 1391 15, General Notes 16. Special Specifications a, Item 6120 Dead End Roadway Barricade b, Item XXXX Curb Inlet Sediment Control Device C. Item XXXX Water Line Replacements d. Item XXXX Architectural Fence 17. TxDOT LGPP Specifications a. Local Government General Requirements(iL through 9L) b. Special Provision to Item 000(000---001 L) C. Special Provision to Item 000(000---002L) d. Special Provision to Item 000(000---003L) C. Special Provision to Item 000(000---004L) CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 f. Special Provision to Item 000(000--005L) g. Special Provision to Item 000(000---394L) h. Special Provision to Item 002(002---411 L) i. Special Provision to Item 007(007---001 L) j. Special Provision to Item 506(506---001L) Division 02—General Requirements 01 11 00 Summary of Work 01 2500 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 66 00 Product Storage and Handling Requirements 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 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None. Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: 11tns:Hproj ecti2oint.buzzsaw.cotnlclient/fortworth&gv/Resources/02%o20- 20C onstruct i o n%2ODoc urne n ts/S pec i fi_cat ion s 0241 14 Utility Removal/Abandonment Division 33—Utilities 33 04 40 Cleaning and Acceptance Testing of Water Mains 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 I4 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 33 05 22 Steel Casing Pipe 33 05 26 Utility Marker&'Locators 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Pro*[Number 00593 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains Texas Department of Transportation(TxDOT)2014 Standard Specifications listed below are included for this Project by reference and can be viewed/downloaded at: htt n://www.txd o t.gov/business/resources/t xd o t-s ueci f i c atio ns.htm l Item 100 Preparing Right of Way(103) Item 144 Removing Concrete Item 146 Obliterating Abandoned Road Item 110 Excavation(132) Item 132 Embankment(100)(132)(160)(204)(210)(216)(260)(275)(400) Item 161 Compost(160) Item 162 Sodding for Erosion Control(166)(168) Item 164 Seeding for Erosion Control(162)(166) Item 166 Fertilizer Item 168 Vegetative Watering Item 260 Lime Treatment(Road-Mixed)(105)(132)(204)(210)(216)(247)(300)(3 10) (520) Item 310 Prime Coat(300)(316) Item 340 Dense-Graded Hot-Mix Asphalt(Small Quantity)(3 00)(3 01)(320)(520)(58 5) Item 360 Concrete Pavement(300)(421)(422)(440)(438)(529)(585) Item 361 Repair of Concrete Pavement(360)(421)(440) Item 402 Trench Excavation Protection Item 416 Drilled Shaft Foundations(405)(420)(421)(423)(440)(448) Item 464 Reinforced Concrete Pipe(400)(402)(403)(467)(476) Item 465 ]unction Boxes,Manholes,and Inlets(404)(420)(421)(424)(440)(47 1) Item 500 Mobilization Item 502 Barricades, Signs,and Traffic Handling Item 506 Temporary Erosion, Sedimentation,and Environmental Controls(161)(43 2) (556) Item 529 Concrete Curb,Gutter,and Combined Curb and Gutter(360)(420)(421)(440) Item 530 Intersections,Driveways,and Turnouts(247)(260)(263)(275)(276)(292)(316) (330)(334)(340)(360)(421)(440) Item 531 Sidewalks(360)(420)(421)(440)(530) Item 610 Roadway Illumination Assemblies(416)(421)(44I)(442)(445)(449)(616) (618)(620)(622)(624) Item 618 Conduit(400)(476) Item 620 Electrical Conductors(610)(628) Item 624 Ground Boxes(420)(421)(432)(440)(6l 8)(620) Item 628 Electrical Services(441)(445)(449)(618)(620)(627)(656) Item 636 Signs Item 644 Small Roadside Sign Assemblies(421)(440)(44I)(442)(445)(636)(643)(656) Item 666 Retroreflectorized Pavement Markings(662) Item 672 Raised Pavement Markers(677)(678) Item 678 Pavement Surface Preparation for Markings(677) CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised February 2,2016 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 4 The North Central Texas Council of Governments(NCTCOG) Integrated Stormwater Management(iSWM)Technical Manual is included for this Project by reference and can be viewed at: http:lliswm.neteog.UrgJtechnical nianual.a Appendix GC-4.01 DBE Forms GC-4.02 Geotechnical Engineering Report GC-6.24B Title V[,Civil Rights Act of 1964,as amended(Appendix A&E) GR-01 60 00 City of Fort Worth Water Departments Standard Products List END OF SECTION CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised February 2,2016 City of Fort Worth, Texas Mayor and council communication DATE: Tuesday, September 25, 2018 REFERENCE NO.: C-28873 LOG NAME: 20LIVE OAK CONNECTOR CONSTRUCTION CONTRACT SUBJECT: Approve Transfer of Previously Appropriated Funds and Authorize Execution of a Contract with McMahon Contracting, LP in the Amount of$1,854,5517.16 for the Construction of Live Oak Connector Project from East 4th Street to Weatherford Street (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council; 1. Transfer existing appropriations and receipts in the Street Improvement Close Fund in the amount of$706,000.00 and decrease the available balance by the same; and 2. Authorize the execution of a construction contract with McMahon Contracting, LP in the amount of $1,854,550,15 for the construction of Live Oak Connector Project from East 4th Street to Weatherford Street (City Project No. C00593). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize a construction contract on Live Oak Connector Project from East 4th Street to Weatherford Street in conjunction with the Tower 55 Project. This project will realign Live Oak Street to connect directly into East 4th Street which provides a grade separated route across the Union Pacific Railroad tracks enhancing access and mobility for adjacent land uses, improving overall safety and creating a quiet zone for the area. This project was advertised for bids on June 28, 2018 and July 05, 2018 in the Fort Worth Star-Telegram. On July 25, 2018 one company, McMahon Contracting, LP submitted a bid. Staff has reviewed the pricing and determined it to be similar to other recently bid transportation projects and recommends awarding the contract to McMahon Contracting. Bidder -- BIDS McMahon Contracting, LP $1,854,550.16 � Under the Local Project Advanced Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 47429, as amended), federal funds will provide funding for this project in the amount of$1,533,714.00 and the City will be responsible for$320,836.15 of the construction contract. In addition to the City's share for construction cost shown above, an additional amount of$385,000.00 is required for staff project management, material testing, inspections and project contingencies. On August 27, 2018, the City received TxDOT's concurrence letter with approval to the award of the contract to McMahon Contracting, LP. This project will have no impact on the Transportation and Public Works' annual operation budget. Logname: 20LIVE OAK CONNECTOR CONSTRUCTION CONTRACT Page 1 of Construction is expected to start in October 2018 and be completed by November 2019. MANBE OFFICE - McMahon Contracting, LP is in compliance with the City's DBE Program by committing to 13% DBE participation on this project. The TxDOT DBE goal on this project is 4°Io. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available as appropriated of the Grants Capital Projects Federal Fund and the Grants Capital Project State Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO _ 'Fund' Department Account Project ';Program�Acti�ityi Budget Reference # ?Amoun - 1D---- ID J— �� Year Chartfield 2 FROM Fund Department Accoun Projec# Pro77� . tivity Budget Reference # moun ID ID I Year (Chartfield - CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1. DBE Compliance Memo McMaha (CFW internal) 2. FID Live Oak 2.pdf (CFW(nternal] 3. Form 1295 Live Oak Connector Construction Contract . df (Public) 4. Mag Live Oak Connector Construction Contract.pdf (Public) 5. SAM Live Oak Connector Construction Contract . df (CFW Internal) 1' Logname: 20LIVE OAK CONNECTOR CONSTRUCTION CONTRACT Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 0'.i Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2.3,5.and 5 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 Gertificate Number; of business. 2018-396713 McMahon Contracting LP Grand Prairie,TX United States Date Fried: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 0$12712018 being filed. City of Fort Worth Date Acknowledged: l � 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a de scrip don of the services,goods,or other property to be provided unser the contract Txdat CSJ 0902-48-688 Live Oak Connector From 4th Street to Weatherford Street-City Project Number 00593 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ x 6 UNSWORN DECLARATION My Harte is{ `� , and my date of birth is lb-V51 My address is IWO . {street} (W) {atabe) (zip—de) {country} I declare under penalty of perjury that the foregoing is true and correct. Executed in County. State of-Teon the_ day of 20 1I r[t,) (year) P Signature of a thorixed agent of coni racting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 REC®PT OF SIDS 5 Sealed bids for the construction of Live Oak Connector from E 411,St to Weatherford St will be 6 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,duly 26,2018,and bids will be opened publicly and read aloud at 13 2:00 PM CST in the Purchasing Conference Room. 14 15 GENERAL DESCRIPTION OF WORK 16 The project consist of the construction of a new segment of Live Oak to connect to 41'St without ^ 17 any railroad crossings. The major work will consist of the(approximate)following: 18 15,000 CY Roadway Excavation 19 5,000 SY Concrete Pavement 20 2,200 LF Concrete Curb 21 680 LF Storm Drain 22 140 LF 8"waterline 23 24 PREQUALI FICATI ON 25 The improvements included in this project must be performed by a contractor who is pre- 26 qualified by the City and TxDOT at the time of bid opening.The procedures for qualification and 27 pre-qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 28 29 DOCUMENT EXANIINATION AND PROCUREMENTS 30 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 31 of Fort Worth's Purchasing Division website at httpJ/www.fortworthtexas.pov/purchasing/and 32 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 33 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or .. 34 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 35 Parties Form 1295 and the form must be submitted to the Project Manager before the 36 contract will be presented to the City Council.'Ile form can be obtained at 37 https://www.ethics.state.tx.us/tee/1295-Info.htm. 38 39 Copies of the Bidding and Contract Documents may be purchased from Nikki Mc Leroy,817- 40 392-8363, City of Fort Worth,Transportation&Public Works, 200 Texas St.,Fort Worth,TX 41 76102. 42 43 The cost of Bidding and Contract Documents is:$100 44 45 46 47 48 49 CITY OF FORT WORTH Live oak Connector STANDARD CONSTRUCTION SPECEFICATION DOCUMENTS City Projed Number 06593 Revised December 22,2016 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be hell as described in Section 00 21 13-INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: truly 10, 2018 5 TIME: 9:00 am 6 PLACE 200 Teras Street 7 Fort Worth, Texas 76102 8 LOCATION: Conference Room 270—Located on second floor of City Hall 9 10 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 11 City reserves the right to waive irregularities and to accept or refect bids,also this project requires w, 12 TxDOT concurrence for low bid. 13 14 15 FUNDING 16 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded by federal 17 earmark funds provided to the City by the Federal Highway Administration, and from 2004 City band 18 funds. via 19 20 INQUIRIES 21 All inquiries relative to this procurement should be addressed to the following: 22 Attn: Mary Hanna, City of Fort Worth 23 Email: Mary.Hanna@fortworthtexas.gov 24 Phone: 817-392-5565 25 AND/OR 26 Attn: Joshua Mieth,P.E.,HNTB Corporation 27 Email: jmieth@hntb.com 28 Phone: 512-691-2265 29 30 ADVERTISEMENT DATES 31 .lune 28, 2018 32 truly 05, 2018 33 34 END OF SECTION CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project Number 00593 Revised Decemnber 22,2016 w 0421 13-1 INSTRUCTIONS TO BIDDERS Page 1 of I I 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. "' 11 12 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 13 directly through a duly authorized representative,submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person,firm,partnership,company,association,or 17 corporation acting directly through a duly authorized representative,submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding.Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 h sill roject oint.buzzsaw.cQm/fortworth ov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%o2OPr2qualification/FP W%2OPaving 43 %20Contractor%o2OPrequalification%2OProgram/PUQUALIFICATION%2OREQ +� 44 UIREMENTS%20F R%20PAVING°/u2000NTRACTORS.PDF? ublic 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of I I 1 https.//projeetpoint.buzzsaw.com/fortworthgov/Resources/02%20- 2 %o20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavi 3 %20Contractor%2OPregualification%2OProgran/PREQUALIFICATION%o20REQ 4 UIREMENTS%20FOR°/u2OPAVING°/a2OCONTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer—Requirements document located at; 7 https.//proiecipoint.buzzsaw.com/fortworthgo)Mesources/02%20- 8 %20Construction%2ODocuments/Contractor%2OPrequalificationfWater%20and%2 9 OSanitaa%2OSewer%2OContractor%24Prequalification%2OProgram/WSS%20pre 10 ual%20re uirements.doc? ublic 11 12 "~ 13 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 14 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 15 45 11, BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph h.1. 19 20 21 3.3.The City reserves the right to require any prequalified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City,in its sole 23 discretion may require,including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project,and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame.Based upon the City's assessment of the submitted 28 information,a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information, if requested,may be grounds 30 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4.In addition to prequalification,additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 37 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 38 39 4.1.Before submitting a Bid,each Bidder shall: 40 41 4.1.1. Examine and carefully study the Contract Documents and other related data 42 identified in the Bidding Documents(including"technical data"referred to in 43 Paragraph 4.2.below).No information given by City or any representative of the 44 City other than that contained in the Contract Documents and officially 45 promulgated addenda thereto,shall be binding upon the City. 46 47 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 48 site conditions that may affect cost,progress,performance or furnishing of the .. 49 Work. 50 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of I 1 I 4.1.3.Consider federal,state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4. Be advised,City, in accordance with Title VI of the Civil Rights Act of 1964,78 _ 5 Stat.252,42 U.S.C. 2000d to 20OOd-4 and Title 49,Code of Federal Regulations, 6 Department of Transportation,Subtitle A,Office of the Secretary,Part 21, 7 Nondiscrimination in Federally-assisted programs of the Department of 8 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 9 affirmatively insure that in any contract entered into pursuant to this advertisement, I0 minority business enterprises will be afforded full opportunity to submit bids in I I response to this invitation and will not be discriminated against on the grounds of I2 race,color,or national origin in consideration of award. 13 14 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 15 contiguous to the Site and all drawings of physical conditions relating to existing 16 surface or subsurface structures at the Site(except Underground Facilities)that 17 have been identified in the Contract Documents as containing reliable "technical 18 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 19 at the Site that have been identified in the Contract Documents as containing 20 reliable"technical data." 21 22 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 23 the information which the City will furnish.All additional information and data 24 which the City will supply after promulgation of the formal Contract Documents _ 25 shall be issued in the form of written addenda and shall become part of the Contract 26 Documents just as though such addenda were actually written into the original 27 Contract Documents.No information given by the City other than that contained in 28 the Contract Documents and officially promulgated addenda thereto,shall be 29 binding upon the City. 30 31 4.1.7. Perform independent research,investigations,tests,borings,and such other means 32 as may be necessary to gain a complete knowledge of the conditions which will be 33 encountered during the construction of the project.On request,City may provide 34 each Bidder access to the site to conduct such examinations,investigations, .. 35 explorations,tests and studies as each Bidder deems necessary for submission of a 36 Bid. Bidder must fill all holes and clean up and restore the site to its former 37 conditions upon completion of such explorations,investigations,tests and studies. 38 39 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 44 cost of doing the Work,time required for its completion,and obtain all information 41 required to make a proposal.Bidders shall rely exclusively and solely upon their 42 own estimates,investigation,research,tests,explorations,and other data which are 43 necessary for full and complete information upon which the proposal is to be based. 44 It is understood that the submission of a proposal is prima-facie evidence that the .. 45 Bidder has made the investigation,examinations and tests herein required.Claims 46 for additional compensation due to variations between conditions actually 47 encountered in construction and as indicated in the Contract Documents will not be 48 allowed. 49 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21.2015 r No 002113-4 INSTRUCTIONS TO BIDDERS Page 4ofII 1 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents.The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 8 a 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings,if any,on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2.those drawings of physical conditions in or relating to existing surface and ,. 16 subsurface structures(except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents,but the"technical data"contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any"technical data"or 25 any other data, interpretations,opinions or information. 26 27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques,sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents,(iii)that Bidder has given City written notice of all 33 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. rt 39 40 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 41 biphenyls(PCBs),Petroleum, Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 5. Availability of Lands for Work,Etc. .+ 46 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 w 002113-5 w INSTRUCTIONS TO BIDDERS Pwsof11 1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for = 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities,construction equipment or storage of ant 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. .w 9 ld 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 12 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements,and/or permits,and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda +. 22 23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions rt 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 34 31 Address questions to: = 32 33 City of Fort Worth 34 200 Texas Street 35 Fort Worth,TX 76102 36 Attn: Mary Hanna,Transportation&Public Works Department 37 Fax: 817-392-8092 38 Email: Mary.Hanna@fortworthtexas.gov 39 Phone: 817-392-5565 40 41 42 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 6.3.Addenda or clarifications may be posted via Buzzsaw at https.11 46 projectpoint.buzzsaw.comlclientlfortworthgovIInfrastructure%20ProjectsI00593%20-Live% 200ak'O20Connector%20ProjectIBid'�20Doc uments%20Package. _ _ CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 r w 002113-6 INSTRUCTIONS TO BIDDERS ^ Page 6 of i I 1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the *' 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 7. Bid Security 9 10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete ,. 16 Agreement within 14 days after the Notice of Award,City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which,or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages i 29 Provisions for liquidated damages are set forth in the Agreement. 34 31 10. Substitute and"Or-Equal" Items 32 The Contract,if awarded,will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City,application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General w 39 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 00 i CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 r. 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 11 1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or small business enterprises in City contracts.A copy of the Ordinance can be 4 obtained from the Office of the City Secretary.The Bidder shall submit the DBE 5 Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver 6 Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form 7 as appropriate.The Forms including documentation must be received by the City no 8 later than 2:00 P.M.CST,on the second business day after the bid opening date.The 9 Bidder shall obtain a receipt from the City as evidence the documentation was 10 received.Failure to comply shall render the bid as non-responsive. 11 12 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 13 or organization against whom Contractor has reasonable objection. 14 15 12. Bid Form 16 17 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 18 obtained from the City. 19 20 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 21 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 22 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 23 price item listed therein. In the case of optional alternatives,the words"No Bid," 24 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, 25 written in ink in both words and numerals,for which the Bidder proposes to do the 26 work contemplated or furnish materials required, All prices shall be written legibly. 27 In case of discrepancy between price in written words and the price in written 28 numerals,the price in written words shall govern. 29 30 12.3. Bids by corporations shall be executed in the corporate name by the president or a 31 vice-president or other corporate officer accompanied by evidence of authority to 32 sign. The corporate seal shall be affixed. The corporate address and state of 33 incorporation shall be shown below the signature. 34 35 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 36 partner,whose title must appear under the signature accompanied by evidence of 37 authority to sign. The official address of the partnership shall be shown below the 38 signature. 39 40 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 41 member and accompanied by evidence of authority to sign. The state of formation of •. 42 the firm and the official address of the firm shall be shown. 43 44 12.6. Bids by individuals shall show the Bidder's name and official address. 45 46 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 47 indicated on the Bid Form. The official address of the joint venture shall be shown. 48 49 12.8. All names shall be typed or printed in ink below the signature. 50 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 w 002113-8 INSTRUCTIONS TO BIDDERS w Page 8 of 11 1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 2 which shall be filled in on the Bid Form. 3 4 12.14. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 13. Submission of Bids 8 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 9 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, la addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 11 envelope,marked with the City Project Number,Project title,the name and address of 12 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 13 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 14 envelope with the notation"BID ENCLOSED"on the face of it. 15 16 14. Modification and Withdrawal of Bids 17 18 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office _ 19 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 20 must be made in writing by an appropriate document duly executed in the manner 21 that a Bid must be executed and delivered to the place where Bids are to be submitted 22 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 23 are opened and publicly read aloud,the Bids for which a withdrawal request has been 24 properly filed may,at the option of the City, be returned unopened. 25 26 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 27 time set for the closing of Bid receipt. 28 _ 29 15. Opening of Bids 30 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 31 abstract of the amounts of the base Bids and major alternates(if any)will be made available 32 to Bidders after the opening of Bids. 33 34 16. Bids to Remain Subject to Acceptance 35 All Bids will remain subject to acceptance for the time period specified for Notice of Award 36 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 37 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 38 39 17. Evaluation of Bids and Award of Contract 40 w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 R w 0021 13-9 *� INSTRUCTIONS TO BIDDERS Page 9 of l l 1 17.1. City reserves the right to reject any or all Bids,including without limitation the rights -. 2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder,whether because the Bid is .. 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price,contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 14 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders,Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors,Suppliers,and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs,maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 17.3. City may conduct such investigations as City deems necessary to assist in the +� 32 evaluation of any Bid and to establish the responsibility,qualifications,and financial 33 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 17.4. Contractor shall perform with his own organization,work of a value not less than 38 30%for a non-DBE contractor or 25%for a DBE prime contractor of the value 39 embraced on the Contract. 46 41 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 42 responsive Bidder. 43 44 45 46 17.6. A contract is not awarded until formal City Council authorization. If the Contract is 47 to be awarded,City will award the Contract within 90 days after the day of the Bid 48 opening unless extended in writing. No other act of City or others will constitute 49 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 50 the City. 51 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 21,2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of I I 1 17.7. Failure or refusal to comply with the requirements may result in rejection of Bid. 2 w 3 18. Signing of Agreement 4 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 5 required number of unsigned counterparts of the Agreement. Within 14 days thereafter �. 6 Contractor shall sign and deliver the required number of counterparts of the Agreement to 7 City with the required Bonds,Certificates of Insurance,and all other required documentation. 8 City shall thereafter deliver one fully signed counterpart to Contractor. _ 9 10 11 12 ++ 13 14 15 16 17 18 19 20 21 22 •• 23 24 25 26 27 28 29 30 31 32 w 33 34 35 36 37 38 39 40 41 42 �* 43 44 45 46 47 48 49 50 51 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number D0593 Revised August 21,2015 on 0(72]73-i1 INSTRUCnONS 7Y]BIDDERS i Page I I cry] [j 1 BID SUBMITTAL CHECKLIST 2 NO. ITEM SECTION ACKN d 1 Qualifications of Bidders per Instructions to Bidders(TxDOT 00 21 13 Prequalified)_ �'r f 2 Non-Collusion Statement Division 02- -,sem 3 Conflict of Interest Questionnaire 0035 13 4 Si ed.Bid Proposal 00 41 00 �-t� 5 Addendum Acknowledgement 004100 d State of Texas Gild Su ort Business Ownership Form Division 02 T Disclosure of Lobbying Activities Division 01 ...� $ Sid Securi Included 00 43 13 . � 3 4 NOTE: 5 THIS CHECKLIST SHALL BE INCLUDED AS PART OF THE BID SUBMISSION. 6 7 END OF SECTION 1 � i i {I t I 1f k l fi 3! CITY OF FORT WORTH Uve Oak Cnrmectar STANDARD CDNST RUCCION SPECIFICA77ON DOCUM&NTS City Project Number 00593 Revised August 21,2015 00 35 13 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 rinks provided below. http://www.eth ics;state.tx.us/form s/C I Q.t)df http://wvm.ethics.state.tx.us/forms/Cl$.od f ❑ CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply f" CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: McMahon Contracting L.P. By: Shawn ahon �r 3019 Roy Orr Blvd. Signature: Grand Prairie, TX 75050 Title: Partner END OF SECTION _. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Form Revised 20171109 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_04 35 13_Bid Proposal Wcrkbook.xls 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 810 FORM TO: The Purchasing Manager c/o:The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Live Oak Connector r from E 4th St to Weatherford St City Project No.: 00593 (TxDOT CSJ 0902-48-688) Units/Sections: Water Distribution, Urban+ Renewal, 8-inch diameter and smaller Concrete Paving Construction/Reconstruction (less than 15,000 square yards) Roadway and Pedestrian Lighting 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 Pr7ce 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Form Revised 20150821 00 41 0000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their properly 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. Water Distribution, Urban and Renewal, 12-inch Diameter and Smaller c. Sewer Collection System, Urban/Renewal, 8-inches and Smaller d. Concrete Paving ConstructionlReconstruction (LESS THAN 15,000 square yards) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 235 working days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 'If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Form Revised 20150621 00 41 00_00 43 1300 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 0041 00 .� BIO FORM Page 3 of 3 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 $1,892,978.87 7. Bid Submittal This Bid is submitted on 7126118 by the entity named below. Respectfully ed, r Receipt is acknowledged of Initial the following Addenda: By: Addendum Na. 1: (Signature) Addendum No. 2: Addendum No. 3: Shawn McMahon Addendum No. 4: (Printed Name) Title: Partner Company: McMahon Contracting L.P. Corporate Seal: Address: 3019 Roy Orr Blvd. Grand Prairie, TX 75050 State of Incorporation: State he Email: wlll{a?mcmahoncontracta�.com Phone: 972-263-5907 END OF SECTION CrTY OF FORT WORTH Live Oak Conneaor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposai Workbock.xls West, Jennifer From: William Mee Will@mcmahoncontracting.com> Sent: Monday,October 8, 2018 12:42 PM To: West,Jennifer Cc: TPW Contracts; Hanna, Mary Subject: RE:000593, Live Oak Connector from E.4th Street to Weatherford Street Jennifer, The total bid amount reflected in Section 6 of the Bid Form(04 4104)should be$1,854,550.16. If you need further clarification please contact us. Will Mee Estimator McMahon Contracting, L.P. 3019 Roy Orr Blvd., Grand Prairie,TX 75454 Office 972-263-6947 Direct 469-865-1227 Cell 469-628-8461 Fax 469-865-1234 will@mcmahoncontracting.com From:West,Jennifer Jennifer.West@fortworthtexas.gov> Sent: Monday,October 8,241814:48 AM To:William Mee<Will@mcmahoncontracting.com> Cc:TPW ContractscTPWContracts@fortworthtexas.gov>; Hanna, Mary<Mary.Hanna @fortworthtexas.gov> Subject:C00593, Live Oak Connector from E.4th Street to Weatherford Street Dear Mr. McMahon, I have reviewed the contracts McMahon Contracting, LP submitted on October 2, 2018 for the Live Oak Connector from E 4th St to Weatherford St project. There is a 2%discrepancy between the Bid Form (00 4100)total bid amount and the Proposal Form Unit Price(00 42 43)total bid amount. The total bid amount listed in Section 6 of the Bid Form (00 4100) is$1,892,978.87 while the total bid amount on the Proposal Form is$1,854,550.16. 1 have attached a copy of the bid documents for your reference. Please confirm the total bid amount that should be reflected in Section 6 of the Bid Form(00 4100). You may confirm the total bid amount by replying to this email. If you have any questions,please don't hesitate to contact me. Thank you, 1 Jennifer West Capital Delivery Contract Coordinator Transportation and Public Works 200 Texas Street Fort Worth,Texas 76 102 817392.7233 Phone 817.392.8092 Fax J en n i fe r.W e std fortworthtexas.goy City of Fart Worth— Working together to build a strong community. FORT WORTH. lrpw-- 2 00 42 43 BM PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal 10111 Specification ,]nit of Bid + Bidlist Item No- Descnption Unit Nee Bid Value Seerian No. Measure Quantity 100-6002 PREPARING ROW 100 STA 12 $3,287.68 $39,452.16 100-6009 PREPARING ROW(TREE)(8"TO 24")_- 100 EA 85 $391.91 $33�312�35 tai 10_0 010 PREPARING ROW(TREE)(24"TO 367)_ 100 _EA_ 1 $2391.60 32 391.60 -- _ - - - 104-6015 REMOVING CONC(SIDEIgALKS) 104 SY_ 55 $16.47 $905.85 104-6021 REMOVING CONC CURB} 104 LF 128 $8.95 $11145.60 104-6028 REMOVING CONT(MISCI 104 SY 102 $12.90 $1,315.80 106-6001 OBLITERATE ABANDONED ROAD _ -106 STA 12 ;1503.54 $18,042-48 110-6001 EXCAVATION BROADWAY} 110 CY 15^350 $27.30 $419,055.00 132-6002 EMBANKMENT FINAL DENS(4CONT TY A _ _132 CY 142 $25.75 $3`656 50 161I017 COMPOST MANUF TOPSOIL ") 161 - SY 4,684 $5.40 4,293.60 162-8002 BLOCK SODDING _ - 162 SY 4,000 - $5.40 __$-21,600_00 164-$007 BROADCAST SEED(PERM)(URBAN)(qiAY) 164 SY 684 $1.50 $1,026-00 168-6001 VEGETATIVE WATERING 168 MG 165 $30.00 $4,950.00 LI 280 006 ME TRT(EXST MAIL}(6") 260 SY 5,946 . .$3-80. $22,594.80 260-6016 LIME(HYD,COM,OR QK(SLURRY)) 260 _ TON ` SO $189.60 $1.5,168-0.0 310-8005 PRIME COAT JAE-P) - - 310 GAL 1,189 $7.86 $9.345.54 340-6106 D-GR HMA(SQ)TY-D PG64-22 - - -340 TON 513 $134_59 $69,044-67 pq 380-XXXX CONC PVMT{JOINT REINF)(7,5_) 360 5Y 4,998 $52.98 $264 688_08 _ .-..._ _ -.� - - 381-6042 FULL-DEPTH REPAIR CPJR(7") 361- SY 21 $302.52 $8,352.92 402-6001 TRENCH EXCAVATION PROTECTION 402 LF 647 $1.30 $841.10 416$029 DRILL SHAFT(RDW_Y_ILL POLE)(30 IN) -- 416 LF 56 $318.00 $17,808.00 464-6004 RC PIPE(CL III)(21 IN) - _- 464 LF 96 $130.12 $12,491.52 464-6005 RC PIPE(CL III)(24 IN) 464 LF 583 =118.22 . $681922.26 --465 186 MANHtGOMPL)(TY 1)_ - - 485 EA 2 $.6,480.00 $12,960_09 465-6207 INLET(COMP,}(CURB){TY 1)(19) 465 _ EA 8 $6,210.00 $49,680.00 5066601 MOBILIZATION 500 LS 1 $249,214.00 $209,214.013 502-6001 BARRICADES,_SIGNS AND TRAFFIC HANDLING 502 MO 11 $2,086.59 $22,952.49 506020 C.ONS_TR_UCTION E7CIT5{INSTALL}[TY 1} Y- 506 SY _390 $43.80 $17,-82.00 508-6024 CONSTRUCTION EXITS{REMOVE} - - - 506 - SY- -390 _ $21.92 _ $8,548_80 50645038 TEMPSE CONT FENCE(INSTALL) 506 LF 4,945 $3.30 $16,318.50 506-6039 TEMP SEDMT CONT FENCE(REMOVE) - 506 LF 4,945 41,62- - _ $8,010.90 529-6005 CONC CURB(MONO)_(TY•11) - - 529 LF 2,262 - -$2.23 $5,9!!P4,26 5304004 DRIVEWAYS(CONC) 530 _ SY - 120-- -X78_00 _$9.360.00 --.- _. . . 531-8W1 CONC SIDEWALKSs4") 531 SY 535 $62.40 $33,384_00 531-6010 CURB RAMPS{TY 7�_ .531. EA 7 $1,554 00 $10,878.00 w 610.8214 IN RD IL(TY SA)4014_250W EQ)LED 6_10_ EA 7 $4,197-60___ $29,383.29 618 _ _ LF 1150 X12_00 _#131800.00 -620-6007 ELEC CONDI(NO.8)BARE 620 LF 1150 _ $t58 -- _ $1,794.00 620-6008 ELEC_CON_DR(NO.8)INSULATED _ 620 LF 2300 $1.56 $3,588.00 '+ 624-2008 GROUND BOX TY A(122311)WIAPRON 624 EA 3 $720_00 $2,160.00 628-2013 ELC SRV TY A 2401480 060{NS]AL{E)PS(U) 628 EA 1 $9,600.0/ $900-00 - -- 644-6001 IN SM RD SN SUP&AM TY 10BWG(1)SA[�) 644 EA 7 $804.00 _ $.5,628)00 644-6007 IN SM RD SN SUP&AM TY 10BWG(1)S,%Ua __ _ 644 EA - 2 $948,00 _ _$1,896_OD w 644-6076 REMOVE SM RD SN SUP&AM 644 EA 7 $90.00 $630.00 666-6036 REF,PAV MRK TY{(W)8SL.D)[.100MIL_- --� 666 LF 178_--_ __ __-- _�..._. -- -$2.40 -.--- $1427.20 688-6048 REFL PAV MRK TYI Y(-V)24"ESLD}[100MI 668 LF 245 $7.20 $1,764.00 w fi66-6054 REFL PAV MRK TY I{VII}(ARROW)(100MILI-- 668_ EA 4 _ _$120,00 $480;00 666-6126 REFL PAV MRK TY I(Y}4"(SLD}(100WL)� BBB -LF 2,010 $1.20 ._ $2,412.00 CITY OF FORT WORTH Live Omk Coh&6Mw STANDARD CONSTRIUMON SPPCEWATION DOCLIIYlENTS City Pm pa NsssubwOOM Form Revised 20120120 00 4100 00 43 I3_O047.43_00 43 17-OD 45 12_00 3 5 13_Bid Psopmd WwMwk.■ls 004241 BIDPROPOSAL Page 2 of 2 SECTION 00 47 43 PROPOSALFORM UNIT PRICE BID Bidder's Application project item information Bidder's Proposal Specification Unit of Bid Sidlist Item No. Description Specification Price Sid Value Se6on No. Meawre Quantity 866-6178 REFL PAV MRK TY II 8" 5LD 666 LF 178 $0.30 $53.40 66M182 R_EFL PAV MRK_T_Y II�VIf]24-j LDj_ 666 LF 245 $1.20 $294.00 66 i I 6 -6184 REFL PAV MRK TY II[Wj(ARROW} 686 _...EA _ 4__ _---$36_00 $144;p0 6666207 REFL PAV MRK TY II�Y]4"(5LD] _ __666 LF 2,810 $0.24 __$482.40 672-6012 TRAFFIC BUTTON TY I-C 672 EA 9 $6.00 $54.00 _672-6013 TRAFFIC BUTTON TY II-AA 672 EA 63 $6.00_ _ $37800 i 678-6001 PAV SURF PREP FOR MRK(4"] - — 678 LF _ 2,010 $,0.05 $120.60 678-6004 PAV SURF PREP FOR MRK(8"] 678 LF 178$ _ $0.12 $21-36 67&6008 PAV SURF PREP FOR MRK(24") _$78 LF 245 x1.20 $294.00 678 8009 PAV SURF PREP FOR_MRK ARROW -- - -- 678 w.. EA_ -�4 -- $12_00 $48;00 6120-6001 DEAD END ROADWAY BARRICADE - B120 W LF 48 $97.5$ $4,6BOA0 XXXX TRENCH SAFETY xxxx LF 141 $5.96 $840.36 XXXX UTILITY MARKERS _ __xxXx..-. LS 1_. _. _ _51,597_05 _$1,597,05 XXXX VALVE BpXADJU- STMENTS XXXx EA �3 _ �1,874:fi3 -___ S5i923=89 - --- - ---- DJ . - - -- -- XXXX 20"CASING BY OPEN CUT _ XXXX LF _ 81 —X204_56 112,478_76 ~XXXX DUCTILE IRON WATER FITTINGS WI RESTRAINT xxxx TON 0.2 _$11736.80 w - 8x DIPWATER;CSS'ACKFILI.(RF ----- XXXX -XXXX LF 141 ---5271.12 $38=227.92 XXXX CONNECTION TO EXISTING 4"-12"WATER MAIN XXXX EA 2 $5,334.331 $10,Wfi 62 XXXX 8"GATE VALVE xxxx _EA __2 - $1,780:13 580.28 XXXX CURB INLET SEDIMENT PROTECTION XXXX LF 90 30.00 $2,700.00 XXxX ARCHITECTURAL FENCE _ - ^xxxx LF- 2,324 92.40 - $233217.60 Total Bidj $1,834,550.1s ENI!OF SECTION 1� w w +. CITY OF FORT WORTH 14*Oak Cnnre wr STANDARD CONSTRUCTION SPECIFTCAnON DOCUMENTS City Proyacl Npmba 00593 Form Reused 20120120 004100_004313 00424300 43 37 004512 003513 SidPmpoaid Workbwkx6 DO 43 13 HID BOND Page 1 of 2 SECTION 40 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we, __ McMahon Contracting~ LP ,known as "Bidder"herein and olorifaiirieiican Caslland Suretyarj3gr7y��, a corporate surety dully authorized to do business In the State of Texas,known as"Surety'herein,are he'd 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(6%)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 hairs, executors,administrators,successors and assigns,Jointly and severally,firmly by these presents. WHEREAS, the Princlpal has submitted a bid or proposal to perform Work for the following project designated as Live Oak Connector from E 41h St to Weatherford St 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 fn 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 andror Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's Iola] 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 Slates District Court for the Northern District of Texas,Fort Worth Division. IN WITNESS WHEREOF,the Princfpal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 24th day of _ Jud ,2018. PRINCIPAL." McMahon Contracting, LP BY; Sig ature ATTEST: � -- � Shr•��-✓/� �/I�!�l�Dr✓ -- Witness as to Principal Name and Title CITY OF FORT WORTH LhM Oak Ccweoor STANDARD CONSTRUCTION SPECIFICATION OOCuMENTS Cily Project Number D0593 Form Revised 20171109 00 4 10000 43 13_DD 42 C 00 43 37„90 45 12 DD 35 13 Bkl Proposal Workbook-xis OO 43 13 BID BOND Flge2of2 Address: 3019 Roy Orr Blvd. Grand Prairie, TX 75050 St3Rt=T"Y: Colonial American Casual and-Surely Company BY: sipature �2 � Robbi Morales, Attorney-in-fact Name and Title Address: 2711 N. Haskell Ave. Suite 890 Dailas, TX 75204 Witnes as to Surety Telephone Number. 214/989-0000 Attach Power of Attomey(Surety)for Attorney-in-Fact '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 autha*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. crab OF SECTION 1 i CITY'OF FART WORTH Live Oak Canne0or STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — CityPro)acl Number D059 Fafm RBViSeC0 41 20171109 0041004313r 004243 004337 404512 0035 13 Bid Proposalworkbookxis ZURICH AMERICAN INSURANCE COMPANY COLONL,L AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW.ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland(herein collectively called the "Companies"), by MICHAEL BOND,Vice President;in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date.hereof, do hereby nominate, constitute, and appoint Don E. CORNELL, Ricardo J. REYNA, V. Delene MARSHALL, Sophinie HUNTER, Robbi MORALES, Kelly A.WESTBROOK and Tina MCEWAN, all of Dallas, Texas, EACH its true and lawful agent and Attorney-in-Fact, to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and dced:any and all bonds and undertakings,EXCEPT bonds on behalf of Independent Executors,Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V.Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 2nd day of February,AD.2018. ATTEST; ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND CW4it1Y T,9 PEIp�I _ 5r7SS r G" 8$AL • y ix} + 4 1111 t Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 2nd day of February,A.D.2018,before-the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND, Vice President, and JOSHUA LECHER, Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn, deposeth and saith,that helshe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. •+„uuiiry 'k3ipjii�tr.�].�• Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 168-0589 EXTRACT FROM BY-LAWS OF THE COMPANIES . "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-haws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,t have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2ftbday of_ July. 12018 . 0 �j 10a i t SEAL David McVicker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich Americau Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 ZURICH Texas Important Notice IMPORTANT NOTICE AVIS❑ IMPORTANTE To obtain information or make a complaint: Para obtener informacibn o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de teli�fono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacibn o para 1-800-382-2150 presentar una queja al: 1-80D-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacibn sobre com- 1-800-252-3433 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin, TX 787149104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio wets: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS O about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamaciGn, usted debe comunicarse con la compahia primero. Si is disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso es solamente para propbsitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E{06115} Page 1 of 1 4045 11-I BIDDERS PREQUALIFICATIONS Page i of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bias.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 46 45 I3,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. lb 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.usltaxpermitl 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 35 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 Lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 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 G 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 (d) 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 15 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 ld 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 (1 Q) 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 Prequalifcation 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"NIA"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 44 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 004511-3 BIDDERS PREQLIALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalfication 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 S END OF SECTION 9 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July t,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date — Roadway and Pedestrian Bean Electrical Inc. 3/12/2019 Lighting Water Distribution, Urban and Renewal, 12-inch Diameter SYB Construction Co. Inc. 10/1/2019 and Smaller Sewer Collection System, Urban/Renewal, 8-inches and SYB Construction Co. Inc. 10/1/2019 Smaller Concrete Paving Construction/Reconstruction McMahon Contracting LP 9/1/2018 {LESS THAN 15,000 square yards} The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McMahon Contracting L.P. By: S cMahon 3019 Roy Orr Blvd. ' Signature} Grand Prairie, TX 75050 Title; Partner Date: 1-21 END OF SECTION CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No.00593.Contractor further certifies that,pursuant to Texas Labor Code,Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 McMahon Contracting P.L. By: Shawn McMahon 13 Company (P rint) 14 15 3019 Roy Orr Blvd. Signature: .r 16 Address } 17 18 Grand Prairie,TX 75050 Title: Manager 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority, on this day personally appeared 27 5iialAjh�JM11Ma tLnn ,known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of W-N� hpn E for the purposes and 30 consideration therein expressed and in the cap erein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this J_day of 33 OCk *%e t ,2018'. 34 35 36 tier p, JAZMINE CAUDILLO 37 } A (Votary Public ublic in d or the State of Texas i * State of Texas 38 N'+rEaf�E+� My Camm.Exp i res 44.28-2019 r 39 END OF SECTION 40 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 00 52 43-1 Agreement Pagel Of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 09/25/2018 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 McMqban Contracting, LP, authorized to do business in Texas, acting by and 5 through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article !.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for I 1 the Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part 14 is generally described as follows: 15 Live Oak Connector from E 4'�'St to Wealher turd St 15 17 Cite Project Number 00593(T-cQQT C:SJ 0902-48-688l 18 Article 3.CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount, in current funds,of One Million,Eight Hundred Fifty-Four 21 Thousand, Five Hundred Fifty and 16/100 Dollars($1,854,550.1 22 Article 4. CONTRACT TIME 23 4.1 Final Acceptance. 24 The Work will be complete for Final Acceptance within 235 working days after the date 25 when the Contract Time commences to run, as provided in Paragraph 2,03 of the General 26 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 27 General Conditions. 28 4.2 Liquidated Damages 29 Contractor recognizes that time is of the essence for completion of Milestones, if any,and 30 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34 instead of requiring any such proof, Contractor agrees that as liquidated damages for 35 delay (but not as a penalty), Contractor shall pay City Six Hundred and Fi Dollars 36 ($A110O for each day that expires after the time specified in Paragraph 4.1 for Final 37 Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Lim Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised i L 15.17 005243-2 Agreement Page 2 of 5 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non-Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents(project specific) 49 b. Current Prevailing Wage Rate Table so c. Insurance ACORD Form(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g, Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE and/or SBE Utilization Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 S. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and,if issued,become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 74 d. Letter of Final Acceptance. 71 72 Article 6. INDEMNIFICATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of,or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification rovision is specifically intended to operate 78 and be effective even if it is aliened or proven that all or some of the damages being 79 sought were caused,in whole or in part, by any act,omission or neelieence of the city. 8o This indemnity provision is intended to include, without limitation, indemnity for 81 costs,expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 CITY OF FORT WORTH Lire Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 411593 Revised 11.15.17 005243-3 Agreement Page 3 of 5 84 6.2 Contractor covenants and agrees to indemnify and bold harmless, at its own expense, 85 the city,its officers,servants and employees,from and against any and all loss,damage 86 or destruction of property of the city,arising out of,or alleged to arise out of,the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged or 90 proven that all or some of the damages being sought were caused, in whole or in part, 91 by any act,omission or negligence of the city. 92 93 Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 147 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of H] Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas,Fort Worth Division. 113 7.6 Authority to Sign. 114 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 115 than the duly authorized signatory of the Contractor. 116 117 7.7 Prohibition On Contracts With Companies Boycotting Israel. 118 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 119 Code, the City is prohibited from entering into a contract with a company for goods or 120 services unless the contract contains a written verification from the company that it:(1) 121 does not boycott Israel;and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH Lire Oak Connector STANDARD CONSTRUCTION SPEC1FiCAT10N DOCUMENTS City Project Number 00593 Revised 11.15.17 005243-4 Agreement Page 4 of 5 122 The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms 123 in Section 868.001 of the Texas Government Code. By signing this contract, Contractor 124 certifies that Contractor's signature provides written verification to the City that 125 Contractor:{l}does not boycott Israel, and{2} will not boycott Israel during the term of 126 the contract 127 128 7.8 Immigration Nationality Act. 129 Contractor shall verify the identity and employment eligibility of its employees who 130 perform work under this Agreement, including completing the Employment Eligibility 131 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 132 all I-9 forms and supporting eligibility documentation for each employee who performs 133 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 134- establish appropriate procedures and controls so that no services will be performed by any 135 Contractor employee who is not legally eligible to perform such services. 136 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 137 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 138 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 139 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 144 Contractor, shall have the right to immediately terminate this Agreement for violations of 141 this provision by Contractor. 142 143 7.9 No Third-Party Beneficiaries. 144 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 145 and there are no third-party beneficiaries. 146 147 7.10 No Cause of Action Against Engineer. 148 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 149 sureties, shall maintain no.direct action against the Engineer, its officers, employees, and 150 subcontractors, for any claim arising out of, in connection with, or resulting from the 151 engineering services performed. Only the City will be the beneficiary of any undertaking by 152 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 1 S3 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 154 in any way responsible for those duties that belong to the City and/or the City's construction 155 contractors or other entities, and do not relieve the construction contractors or any other 156 entity of their obligations, duties, and responsibilities, including, but not limited to, all 157 construction methods, means, techniques, sequences, and procedures necessary for 158 coordinating and completing all portions of the construction work in accordance with the 159 Contract Documents and any health or safety precautions required by such construction 160 work. The Engineer and its personnel have no authority to exercise any control over any 161 construction contractor or other entity or their employees in connection with their work or 162 any health or safety precautions. 163 164 SIGNATURE PAGE TO FOLLOW 165 CITY OF FORT WORTH Lire Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Pryfecl Number 00593 Revised 11.15.17 UU 52 43-5 Agreement Page 5 of 5 166 167 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 168 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 169 Date"). 170 C Contractor: -•�,�}h0 AJ City of Fort Worth 1r Contracting, LP By: Susan.4 Il Inis By: Assi Cant City Manager (Signature) l Date a �� WA40ed Rr &Y�I+ � X Al Attest: f ; (Printed ame) City SIrre ary Title: ��'/�.�y (Seal) Uf Address: 3019 ro Derr Blvd. M&C . Date: 09/25/2018 Form 1295 No.2018-396713 City/State/Zip: Grand Prairie,Texas 75050 Contract Compliance Manager: 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 requirements. ;llur M Pm a Approved as to Form and Legality: ug as W. Blac Assistant City Attorney Ill 172 APf*QVAL.RECOMMENDED: 17 , C 1744 W 175 0ow"IuNWisrsig. !'.F. 176 D1REC R, 177 Truns jc orlwion & Puhlic Il arks Del)w t 7leill 178 OFFICIAL RECORD CITY OF FORT WORTH EC������+ Live flak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY� C'rry Pre jrrr.'Z107rher 00593 Revised 11.15.17 FT.WORTH,T7 DO 61 i3-1 PERFORMANCE BOND Pop l 0r2 ! SECTION QQ 51 13 Bond No. 9291033 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,McMohan Contracting, LP [mown as"Principal'herein and 9 Colonial American Casualty and Surely Company a corporate su rety(suret ies, iFmore than 10 one)duty authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of Texas,known as"City" herein, in the penal sum of, One Million, Eight 13 Hundred Fifty-Four Thousand, Five Hundred Fifty and 161100 Dollars($1,854.550.16), lawful 14 money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of 15 which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, 16 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 25 day of September, 20.18. which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including Any Change Orders, 21 as provided for in said Contract designated as Live Oak Connector from E, 4"' Street to 22 WWalhwford&reel, 00593 (T:-rDOT'CSJ 0902-=l8-688) 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 Live Oak Canncetar STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CiV Profetr Number 00593 Ravised July 1,2011 0061 13-2 PERFORMANCE BOND page 2 ort 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 25th day of G September 22018 7 PRINCIPAL: 8 McMahan Contracting,LP 9 � �. to II B 12 ignature 13 ATTEST: 19r �i W.c/ 15 I 6 al)S cr tary Name and Title Ni f�- 17 18 Address:5019 Roy Orr Blvd, 19 Grand Prairie Texas 75050 20 21 22 Witness as to Principal 23 SURETY: 24 Colonial American Casualty and Surety Company 25 _ — -- 26 27 SY: 2$ Signature 29 30 Robbi Morales,Attorney-in-fact 31 Name and Title 32 33 Address: 2711 N. Haskell Ave., Suite 800 34 Dallas,,TX 75204 35 16Z36 - - 11 A'k 37 Wim ss as to Surety Telephone Number: 214/989-0000 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided, 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Live pal;Connedor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cky Project Number W593 Revised July 1,2011 0061 14-1 PAYMENT SOND Page 1 ort 1 SECTION 00 6114 Bond No. 9291033 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS; 6 COUNTY OF TARRANT § 7 That we, McM4han Contracting LP. known as "Principal" herein, and g Colonia!American Casualty and Surety Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 pevaI sum of One Million Eight Hundred Fi -Four Thousand Five Hundred Fi fty and 161100 13 Dollars ($1,854 550.16), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 p resen ts: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 25 day of September= '20-1-3, which Contract is hereby referred to and made a part hereof for all I9 purposes as if Fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Live Oak Connector from D. 4"' Street to Watherford Street, 00593 (T:CDOT CSI 22 0903-48-688). 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 Iiabilities on this bond shall be determined in 36 accordance with the provisions ofsaid statute. 31 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 OD61 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 25th n day of 3 September 20 18 4 PRINCIPAL: McMohan Contracting, LP P ATTEST: BY. Sig ure r olpa�I)Sccrr�etary Name and Title Address: 3019 Roy Grr Blvd. Grand Prairie,Texas 75050 Witness as to Principal SURETY: Colonial American Casualty and Surety Company ATTEST: BY-4, � -- Signature L Robbs Morales,Attorney-in-fact (Surety)Secretary Name and Title Address: 2711 N. Haskell Ave.,Suite 800 Dallas TX 75204 W stn as to Surety Telephone Number: 2141989-0000 S 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 14 The date of the bond shall not be prior to the date the Contract is awarded. I I END OF SECTION 12 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number D0393 Revised July 1,2011 0061 19.1 WARRANTY BOND Page I of SECTION 00 6119 Bond No, 9291033 2 WARRANTY BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we McMahon Contracting. I.p, known as "Principal"herein and Colonial American Casualty and Surety Company 9 ,a corporate surety(sureties, if more than one)duly authorized to do business in the State of 10 Texas,known as"Surety"herein(whether one or more),are held and firmly bound unto the City 1 l of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,known 12 as"City"herein, in the scam One Million ,-Eight Hundred Fiftyour Thousand Five Hundred 13 Fifty and 161100 Dollars{$1,854 550.16),lawful money of the United States,to be.paid in Fort 14 Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the City 15 and its successors,we bind ourselves,our heirs,executors,administrators,successors and assigns, 16 jointly and severally,firmly by these presents. 17 (remainder of this page intentionally left blank) 18 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF FORT%V0R11i Uvc Oak Conacctor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS3: 090248.686 Revised February 7,2018 00593 0061 39.2 WARRANTY BOND Page 2 of I WHEREAS,the Principal has entered into a certain written contract with the City awarded 2 the 25th day of September,20L8,which Contract is hereby referred to and a made part hereof 3 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 4 accessories as defined by law, in the prosecution of work consisting of the following TxDOT spec 5 items; 100-6002 PREPARING ROW, 100-4009 PREPARING ROW(TREE)(6" TO 24"), 100- 6 5010 PREPARING ROW(TREE)(24"TO 36"), 104-6015 REMOVING CONC 7 (SIDEWALKS), 104-6021 REMOVING CONC(CURB), 104-6028 REMOVING CONC 8 (MISC), 106-6001 OBLITERATE ABANDONED ROAD, 110-6001 EXCAVATION 9 (ROADWAY), 132-6002 EMBANKMENT(FINAL)(DENS CONT)(TY A), 161-6017 10 COMPOST MANUF TOPSOIL(4"), 162-6002 BLOCK SODDING, 164-6007 BROADCAST I 1 SEED(PERM)(URBAN)(CLAY), 168-6001 VEGETATIVE WATERING,260.6006 LIME 12 TRT(EXST MATL)(6"),260-6016 LIME(HYD,COM,OR QK(SLURRY),310-6005 PRIME 13 COAT(AE-P).340-6106 D-GR HMA(SQ)TY-D PG 64-22,360-XXXX CONC PVMT(JOINT 14 REINF)(7.5"),361-6042 FULL-DEPTH REPAIR CPJR(7"),402-6001 TRENCH I5 EXCAVATION PROTECTION,416-6029 DR]LL SHAFT(RDWY ILL POLE)(30 1N),464- 16 6004 RC PIPE(CL 111)(21 IN),464.6005 RC PIPE(CL 1II)(24 IN),465-6186 MANH I7 (COMPL)(TY 1),465-6207 INLET(COMPL)(CURB)(TY 1)(10%500-6001 is MOBILIZATION,502-6001 BARRICADES,SIGNS AND TRAFFIC HANDLING,506.6020 19 CONSTRUCTION EXITS(INSTALL)(TY 1),506-6024 CONSTRUCTION EXITS 20 (REMOVE),506-6038 TEMP SEDMT CONT FENCE(INSTALL),506.6039 TEMP SEDMT 21 CONT FENCE(REMOVE),529-6005 CONC CURB (MONO)(TY 1I),530-6004 22 DRIVEWAYS(CONC),531-6001 CONC SIDEWALKS(4"),531-6010 CURB RAMPS(TY 7), 23 6I0-6214 IN RD 1L(TY SA)40T-8(25OW EQ) LED,618-6046 CONDT(PVC)(SCH 80)(2"), 24 620.6007 ELEC CONDR(NO,8)BARE,620-6008 ELEC CONDR(NQ,8) INSULATED,624- 25 2008 GROUND BOX TY A(122311) WIAPRON, 628-2013 ELC SRV TY A 2401480 060 26 (NS)AL(E)PS(U),644-6001 IN SM RD SN SUP&AM TY IOBWG(1)SA(P),644-6007 IN SM 27 RD SN SUP&AM TY IOBWG(1)SA(U),644-6076 REMOVE SM RD SN SUP&AM,666-6036 28 REFL PAV MRK TY I(W)8"(SLD)(IOOMIL),666-6048 REFL PAV MRK TY I(W)24"(SLD) 29 (1.OOMIL),666-6054 RE FL PAV MRK TY 1 (W)(ARROW)(IOOMIL),666-6126 REFL PAV 30 MRK TY I (Y)4"(SLD)(IOOMIL),666-6178 REFL PAV MRK TY 11 (W) 8"(SLD),666-6182 31 REFL PAV MRK TY I1 (W)24"(SLD),666-6184 REFL PAV MRK TY I1 (W)(ARROW),666- 32 6207 REFL PAV MRK TY II(Y)4" (SLD),672-6012 TRAFFIC BUTTON TY I-C,672-6013 33 TRAFFIC BUTTON TY II-A-A,678-6001 PAV SURF PREP FOR MRK(4"),678-6004 PAV CITY DF FORT WORTH Live Oak Cornectar STANDARD CONSTRUCTION SPECiFICA'nON DOCUMENTS CS]: 0902-48.698 Revised February 7,2018 00593 00,61 19-3 WARRANTY BOND Page 3 o(5 1 SURF PREP FOR MRK(8"),678-6008 FAV SURF PREP FOR MRK(24"), 678-6009 FAV 2 SURF PREP FOR MRK (ARROW),6120-6001 DEAD END ROADWAY BARRICADE, 3 XXXX TRENCH SAFETY,XXXX UTILITY MARKERS,XXXX VALVE BOX 4 ADJUSTMENTS, XXXX 20" CASING BY OPEN CUT,XXXX DUCTILE IRON WATER 5 FITTINGS WI RESTRAINT,XXXX 8" DIP WATER, CSS BACKFILL(RESTRAINED 6 JOINTS),XXXX CONNECTION TO EXISTING 4"-12" WATER MAIN, XXXX 8" 7 GATE VALVE,XXXX CURB INLET SEDIMENT PROTECTION,XXXX 8 ARCHITECTURAL FENCE including any work resulting from a duly authorized Change Order 9 (collectively herein, the"Work")as provided for in said contract and designated as Live Oak 10 Connector from E 4th St to Weatherford St, City Project Number 00593; and 11 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 tate 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 HOW 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 shall 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 home 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 CFTY OF FORT WORTH live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI; 090248.688 Revised February 7,2018 00593 OD 61.39-4 WARRANTY BOND Page 4 of 5 ! 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 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSS: 490249-688 Revised February 7,2018 00593 006119-5 WARRANTY BOND Page 5 of 5 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNET]and SEALED Ihis 2 instrument by duly authorized agents and officers on this the 25th day of September 3 ,20-18 . 4 5 PRINCIPAL: 6 McMahon Cxmtmprinp,LP 7 09 8 9 Y 10 Signature 11 ATTEST: l� �.��J• r I ' � 14 c' al)Sigr6tary Name and Title �Z 15 16 Address: 17 3019 Roy Orr Blvd. 18 Grand Prairie,Texas 75050 19 20 Witness as to Principal 21 SURETY: 22 Colonial American Casual and Surety Company 23 24 -� 25 B Y¢4 s r� �i•2 r� C.�� 26 Signature 27 2$ Robbi Morales,Attorney-in-fact 29 ATTEST: .� Name and Title 30 31 �J�'I iii Address:_2714 N. Haskell Ave., Suite 800 32 (Surety)Secretary Dallas, TX 75204 33 ! 34 35 Witne s as to Surety Telephone Number: 2141989-0000 36 37 *Note: If signed by an omcer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECFFICAT1AN DOCUMENTS CSK 090248.689 Revised February 7.2018 00593 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Dan E. CORNELL, Joshua SAUNDERS, Rabbi MORALES, V. Delene MARSHALL, Sophinie HUNTER,Kelly A.WESTBROOK and Tina MCEWAN,all of Dallas,Texas, EACH its true and lawful agent and Attorney- in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors,Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURIC14 AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract Set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 13th day of August,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND }p CE�psr aM' INSU .w ]rrr a }wmop �g3 1006 S Fhr Alp Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 13th day of August,A.D.2018,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICIIAEL BOND,Vice President,and JOSHUA LECKER,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. •r��rA rrrr, Constance A.Dunn,Notaty Public My Commission Expires:July 9,2019 POA-F 968-0589 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section S,Attomeys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the "ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the"ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 51h day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 25 thday of__ September 20 1$. v° acs s~G►Mti V�+Ih} _ �i = _ •ofi� raw■ p` ZAL 7R 1 David McVicker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 ZURICH ' Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6n o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informaci6n o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies,coverages,rights,or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informaci6n sabre com- 1-800-252-3439 panias,coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Saguros de Texas a: Austin,TX 78714-9104 P.O. Box 149104 Fax.(512)490-1007 Austin,TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS O about a claim,you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o eon una reclamaci6n, usted debe comunicarse con la compania primero. Si is disputa no as resualta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU PDLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte an parte o en condici6n del documento adjunto. U-GU-296-E(06115) Page 1 of 1 Client#: 88915 18MCMAHCON ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 9/2512251z018 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)most 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 NAME; Marsh Wortham AJCNlio Exl817 336-8257 )i 817 336-30301600 West Seventh Street E.KAIi tArc'Na], — - ADDRESS: Fort Worth,TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAtC x INSURER A:Clnckwad Indamney Canpany 23280 INSURED INSURER e:T—.%R P-a•rty C—Ity C.0 Mnar 25674 McMahon Contracting,L.P. INsuRERc:T•=■.arnw+rn.�nu.Coinp.nr 22945 3019 Roy Orr Blvd. INSURER 0: Grand Prairie,TX 75050-3086 'INSURER E- 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, L-V TYPE OF INSURANCE ADSL SUBR INSR MW POLICY NUMBER MMlLOI pY EFF INI VL�DY� LIMBS 7A X COMMERCIAL GENERAL LIABILITY EPP0103371 111311201111 09130!20181 EACH OCCURRENCE $1,000,000 CLAIMS-MAGE F OCCUR PREAAISES EaE�rrence S500,000 X PO Ded:$15,000 MED EXP(Any one person} $10,000 PERSONAL&ADV INJURY f1 POOO000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 POLICY JJEEC LOC PRODUCTS-COMPIOPAGO 62,000,000 OTHER- _ A AUTOMOBILE LIABILITY EBA0103371 9/3012017 09130/2018COI iNEDdem)INGLE LI#IIT 1,000,000 X ANY AUTO BODILY INJURY(per parson) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE 5 AUTOS Per accident 5 B X UMBRELLALIAB X OCCUR ZUP11S5674017NF 0913012017 0913012018 EACH OCCURRENCE $10000000 EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,000 DEO I X I RETENTION SID 000 S C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 000122$995 9130/2017 09/30/201 ]( PER ors+ ANY PROPRIETORIPARTNERIEXECUTIVE Y I H E.L.EACH ACCIDENT S1,000-900 OF FICEWMEM BE R EXCLUDED? NIA If(Mandataryff. sebe NN) E.L.DISEASE-EA EMPLOYEE $1,000,000 IF yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 53,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Rem ark a Schedule,may be attached if more apace is requhW) GA233 02107-Contractors'Commercial General Liability Broadened Endorsement GA101TX 09110-Commercial General Liability Coverage Form AA4171 11105-Additional Insured By Contract AA4172 -Blanket Waiver Of Subrogation-Auto WC420304B 06114-Texas Waiver Of Our Right To Recover From Others Endorsement (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE MaSh , 8(Insfof?or Marsh USA+nc @ 1988-2014 ACORD CORPORATION.All rights reserved, ACORD 25(2014161) 1 of 2 The ACORD name and logo are registered marks of ACORD #S9654971M935247 18TLM DESCRIPTIONS (Continued from Page 1) AA4174 11105-Primary and Noncontributory Re: Live Oak Connector Located In Fort Worth ACORQ 101 (2008101) 2 of 2 #Sg654971M935247 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page; 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You.................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 B. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8. Waiver of Subrogation.....................................................................................................................10 9. Automatic Additional Insured-Specified Relationships: ...............................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors' Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment......................................................................................14 12, Employees as Insureds-Specified Health Care Services: ...........................................................14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible; $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage {Coverage b.} Limits of Insurance {Each Occurrence} Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles{Each Occurrenoe) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a Area (For Limits in Excess of (For Limits in Excess of bPayroll $5,000) $5,000) C Gross Sales d Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- -COVERAGES: Employee Benefit ments, Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform ads or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any ad, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration" of your "employee benefit pro- plies. We will have the right and duty to defend the in- sured against any "suit' 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a] You did not have report of an ad, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit' when any "author- 2y Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar laws sion,and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (a) Bodily Injury, Property {$) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- Bodily injury", "property ability imposed on a fidud- Re- damage" or "personal and ary the Employee advertisinginjury". tiremant Income Security ty 1 ry"• Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefIrts are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other cd- tract lectible insurance. Damages arising out of fail- (I) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under U) Em 1❑p yment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ante of Investment 1 Ad- vice Given With Respect (2) Termination of em- to Participation p€oyment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discdmina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- as aresult of(1), (2) or {4) Consequential liability spect to their duties as trus- (3)above. tees. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authoriza- (3) Supplementary Payments tion to administer your "em- SECTION I - COVERAGES, ployee benefit program" if SUPPLEMENTARY PAY- you die, but only until your MENTS -COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II -WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Dec- larations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the con- which you maintain ownership or duct of a business of which majority interest, will qualify as a you are the sole owner. Named Insured if no other simi- lar insurance applies to that or- b) A partnership or joint ven- ganization. However, coverage ture, you are an insured. under this provision: Your members, your part- ners, and their spouses are (a) Is afforded only until the also insureds but only with 180th day after you acquire respect to the conduct of or form the organization or your business. the end of the policy period, (c) A limited liability company, whichever is earlier; and you are an insured. Your (b) Does not apply to any act, members are also insureds, error or omission that was but only with respect to the committed before you ac- conduct of your business, quired or formed the organi- Your managers are insur- zation. eds, but only with respect to c. Limits of Insurance their duties as your manag- ers. As respects Employee Benefit Liabil- (d) An organization other than a ity Coverage, SECTION III - LIMITS partnership, joint venture or OF INSURANCE is deleted in its en- limited liability company, tirety and replaced by the folbvring: you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B, Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their du- ability Coverage and the rules ties as your officers or direc- below fix the most we will pay tors. Your stockholders are regardless of the number of: also insureds, but only with respect to their liability as (a) insureds; stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations c Persons or organizations applies to all damages sus- { ) g tained by any one em- making claims or bringing ployee", including such "em- "suits"; ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all acts, errors or omissions to (e) Benefits included in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1, Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, errors against any "suits' or omissions negligently commit- seeking those dam- ted in the "administration" of ages; and your "employee benefit pro- 2) Your duties, and the gram"• duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B.Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or"suit"and, upon no- tificationa An act, error or omission; or of the action taken, ( ) you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- ll negligently committed in the ability Coverage, SECTION IV - administration of your em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However,the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a Our obligation to a dam- a• You must see to it that we are noti- ( ) g pay fled as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission. page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the daim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable, method also. Under this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit'as amounts until it has soon as practicable. paid its applicable limit of Insurance or none of C. You and any other involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers received mit contribution by in connection with the claim or equal shares, we will "suit"; contribute by limits. Authorize us to obtain records Under this method, { ) each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the daim surance to the total ap- or defense against the "suit; plicable limits of insur- and ante of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is en- insured because of an act, error titled to recovery under or omission to which this insur- any other insurance in ante may also apply. force previous to the ef- d. No insured will, except at that in- fective date of this sured's own cost, voluntarily make a Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- abillty Coverage, SECTION V - (2) Item 5, Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows; by the following: (1) The following definitions are 5. Other Insurance added: If other valid and oollectible 1, "Administration" means: insurance is available to the insured for a loss we cover a. Providing Information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs' mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with ali that grams"; or other Insurance by the d. Effecting, continuing or method described in b. terminating an "em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, indud- does not include: ing buy and sell pro- s. Handling payroll deduc- grams; leave of ab- tions; or sense programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, tion and health dub including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit' means a civil pro- fans" means seeding in which money 2. "Cafeteria p damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for eer- alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration proceed- ing pro- in which such dam- 3. "Employee p ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; seeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil pro- other than an "em- seeding. ployee" may subscribe to such benefits and $, "Employee" means a per- such benefits are made son actively employed, for- generally available to mercy employed, on leave of those "employees" who absence ar disabled, or re- satisfy the plan's eligi- tired. "Employee" includes bility requirements; a "leased worker", "Em- ployee" does not include a b. Profit sharing plans, "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment insur- failure, ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You f) Nesting or infesta- tion, or discharge a. The last Subparagraph of Paragraph or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in- AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c.through q.do not apply (b) Loss caused directly or indi- to damage by fire, explosion, light- rectly by any of the follow- ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or any other earth move- b. The insurance provided under SEC- ment; TIONI -COVERAGES,COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are both rented to and occupied by you. 3) Water under the ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b.above: The exclusions under SECTION a) walls, floors or I - COVERAGES, COVERAGE paved surfaces; A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- b) Basements, ITY,2. Exclusions, other than i. whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted and the following are added: C) Doors, windows or other openings. This insurance does not apply (c) Loss caused by or resulting to. from water that leaks or (a) 'Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract;or by or resulting from freez- 2) Loss caused by or re- ing, unless: sulting from any of the 11) You did your best to following: maintain heat in the ay Wear and tear; building or structure;or b) Rust, corrosion, 2) You drained the equipment and shut off fungus, decay, de- the water supply if the terioration, hidden heat was not main- or latent defect or rained. any quality in property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or C) Smog; other equipment or ap- d) Mechanical break- pliances; or down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property In trifugal force; the building or structure Settling, cracking, caused by or resulting e g, g, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion;or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement, You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage"to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A- BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of prop- erty damage" to premises With your consent, we will make while rented to you or tem- these payments regardless of fault. porarily occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any Coverage one "occurrence" to which SECTION I - COVERAGES, COV- this insurance applies. ERAGE A. BODILY INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions, j. Damage to Prop- Limits of Insurance, 3. Dam- erty, Subparagraphs (3), (4) and (5) age to Premises Rented to do not apply to "property damage"to You of this endorsement. the property of others described therein. 4. Supplementary Payments With respect to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES A AND B: a. The Limits of Insurance shown in the a. Paragraph 2, is replaced by the fol- Declarations are replaced by the lim- lowing: its designated in Section B. Limits of Up to the limit shown in Section B. Insurance, 6. Voluntary Property Limits of Insurance, 4.a. Bail Bonds Damage and Care, Custody or of this endorsement for cost of bail Control Liability Coverage of this bonds required because of accidents endorsement with respect to cover- or traffic law violations arising out of age provided by this endorsement. the use of any vehicle to which the These limits are inclusive of and not Bodily Injury Liability Coverage ap- in addition to the limits being re- plies. We do not have to furnish placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6, Voluntary Property Dam- b. Paragraph 4. is replaced by the fol- age and Care, Custody or Control lowing: Liability Coverage of this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the the insured at our request to assist number of: us in the investigation or defense of the daim or "suit", including actual (1) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons or organizations making off from work, claims or bringing"suits". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Indudes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cav- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or can- Claim or Suit, applies to each tract where a certificate of claim or"suit" irrespective of the insurance showing that per- amount, son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken,you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- ing the policy period; 7. 180 Day Coverage for Newly Formed or and Acquired Organizations SECTION ll - WHO IS AN INSURED is 2) Executed prior to an amended as follows: occurrence' or offense to which this insurance Subparagraph a, of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part, whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV-COMMERCIAL GENERAL and insurance coverage pro- LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of the following: (a) The manager or lessor of a premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work' done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products-completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our 1) Any"occurrence" which request, the insured will bring "suit' or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following is hereby added to demolition operations SECTION Il-WH0 IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, person or organization demonstration, (b) Any P 9 testing, or the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.J1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currenoe"which takes place normally under- after the equipment lease takes to make in expires. the usual course person or organization of business, in (C) Any P 9 connection with (referred to below as ven- the distribution or dor) with whom you have safe of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to; after distribution or a "Bodily 'u sale by you, have injury"rY" or been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any Pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or contnin c) Any physical or p oducts or such chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "Products- completed Repackaging, completed opera- ) Re p g g, tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Rage 11 of 15 been excluded {f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1)above spect to such to provide insurance, but products. only with respect to liability (d) Any state or political subdi- arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- suran above to provide in- zation's status as an insured uranoe, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con- hazards for which the state tract or agreement, but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair,construc- ganization's status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-comple(ed operations vators;or hazard`; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f)does not apply to elevators covered by 'bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury" erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury" "property dam- age" or "personal and 2) The rendering of, or failure advertising injury" aris- render, any ing out of operations professional architec- performed for the state tural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work"for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2 Sub- paragraph Specific tf�� above, SECTIO III - LIMITS OASURANCE is amended Written Contract or to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a,(2)(f)above only: the Declarations of this Coverage If a written contract or Part,whichever are less. If no limits agreement between you are specified in the written contract or agreement, or if there is no written and the additional insured contract or agreement, the limits ap- h specifies that coverage for ( plicable to the additional insured are the additional insured: those specified in the Declarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- t. SECTION IV -COMMERCIAL GEN- tion specified);or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5.Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance is primary and 1 erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was spec ifi- policy issued to the addi- tally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and 1 or nonoon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tribuhng, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or this endorsement shall be coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 or agreement, but only to (c) Persons or organizations the extent that such limits or making claims or bring coverage is included within "suits". the terms of the Coverage Part to which this endorse- (2) Deductible Clause ment is attached. If, how- (a) Our obligation to pay dam- ever, the written contract or ages on your behalf applies agreement specifies the In- only to the amount of dam- surance Services Office ad- ages for each "occurrence" ditionai insured form num- which are in excess of the ber CG 20 10 but does not Deductible amount stated in specify which edition, or Section B. Limits of Insur- specifies an edition that ance, 11. of this endorse- does not exist, Paragraphs ment. The limits of insur- 9.a.(3)(a) and 9.a.(3)(b) of ance will not be reduced by this endorsement shall not the application of such De- apply and Paragraph 9.b. of ductible amount. this endorsement shall ap- ply. (b) Condition 2. Duties in the Event of Occurrence, Of- 10. Broadened Contractual Liability-Work fense, Claim or Suit, ap- Within 5a'of Railroad Property plies to each claim or "suit" It is hereby agreed that Paragraph t(1 of irrespective of the amount. Definition 12. "Insured contract" $$ C- (c) We may pay any part or all TION V-DEFINITIONS)is deleted. of the deductible amount to 11. Property Damage to Borrowed Equip- effect settlement of any ment claim or"suit"and, upon no- tification of the action taken, a. The following is hereby added to Ex- you shall promptly reim- clusion j. Damage to Proper of burse us for such part of the Paragraph 2., Exclusions of EC- deductible amount as has TION I -COVERAGES, COVERAGE been paid by us. A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 12. Employees Insureds - Specified Health Care Services Paragraphs (3y and (4y of this exclu- sion do not apply to tools or equip- It is hereby agreed that Paragraph ment loaned to you, provided they 2.a.Rfiof SECTION II - WHO IS AN are not being used to perform opera- INS E , does not apply to your "em- tions at the time of loss. ployees" who provide professional health care services on your behalf as duly li- b. With respect to the insurance pro- tensed: vided by this section of the endorse- ment, the following additional provi- a. Nurses; sions apply: b. Emergency Medical Technicians;or (1) The Limits of insurance shown in c. Paramedics, the Declarations are replaced by the limits designated in Section in the jurisdiction where an 'occurrence" B. Limits of Insurance, 11. of or offense to which this insurance applies this endorsement with respect to takes place. coverage provided by this en- dorsement. These limits are in- 13. Broadened Notice of Occurrence clusive of and not in addition to Paragraph a. of Condition 2. Duties in the limits being replaced. The the Event of Occurrence, Offense, Limits of Insurance shown in Claim or Suit(SECTION IV-COMMER- Section B. Limits of Insurance, CIAL GENERAL LIABILITY CONDI- 11. of this endorsement fix the TIONS) is hereby deleted and replaced most we will pay in any one 'oc- by the following: currence" regardless of the number of: a. You must see to it that we are noti- (a) Insureds; fied as soon as practicable of an"oc- currence" or an offense which may (b) Claims made or "suits" result in a claim. To the extent pos- brought;or sible, notice should include: (1) How, when and where the "oc- currence"or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 (2) The names and addresses of This requirement applies only when any injured persons and wit- the "occurrence" or offense is known nesses; and to an "authorized representative". (3) The nature and location of any injury or damage arising out of the"occurrenoe"or offense. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and"property damage"only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in (1) The "bodily injury" or "property dam- the Declarations, and any other person or organi- age" is caused by an "occurrence" zation qualifying as a Named Insured under this that takes place in the"coverage ter- Coverage Part. The words "we", "us" and "our" ritory"; refer to the Company providing this insurance. (2) The "bodily injury" or "property dam- The word"insured"means any person or organiza- age" occurs during the policy period; tion qualifying as such under SECTION II -WHO and IS AN INSURED. (3) Prior to the 'coverage term" in which Other words and phrases that appear in quotation "bodily injury" or "property damage" marks have special meaning.Refer to SECTION V occurs, you did not know, per Para- -DEFINITIONS. graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- SECTION I-COVERAGES curred or had begun to occur, in COVERAGE A. BODILY INJURY AND PROP- whole or in part. ERTY DAMAGE LIABILITY c. 'Bodily injury" or "property damage" 1. Insuring Agreement which: a. We will pay those sums that the insured (1) Occurs during the "coverage term"; and becomes legally obligated to pay as dam- ages because of"bodily injury" or "prop- (2) Was not, prior to the "coverage erty damage" to which this insurance ap- term", known by you, per Paragraph plies. We will have the right and duty to 1.d.below,to have occurred; defend the insured against any "suit" seeking those damages. However,we will includes any continuation, change or re- have no duty to defend the insured sumption of that "bodily injury" or "prop- against any "suit" seeking damages for erty damage" after the end of the "cover- 'bodily injury' or "property damage" to age term" in which it first became known which this insurance does not apply. We by you. may, at our discretion, investigate any d. You will be deemed to know that "bodily "occurrence"and settle any claim or"suit" injury"or"property damage"has occurred that may result. But: at the earliest time when any"authorized (1) The amount we will pay for damages representative": is limited as described in SECTION Reports all,or an III-LIMITS OF INSURANCE; and (1� p Part, the"bodily injury"or"property damage" e" to us or (2) Our right and duty to defend ends any other insurer; when we have used up the applica- (2) Receives a written or verbal demand ble limit of insurance in the payment or claim for damages because of the of judgments or settlements under 'bodily injury"or"property damage"; SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND (3) First observes, or first observed, the PROPERTY DAMAGE LIABILITY; "bodily injury"or"property damage"; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- (4) Becomes aware, or become aware, VERTISING INJURY LIABILITY; or by any means other than as de- medical expenses under SECTION I scribed in (3) above, that "bodily in- COVERAGES, COVERAGE C. jury" or "property damage" had oc- MEDICAL PAYMENTS. curred or had begun to occur; or No other obligation or liability to pay sums (5) Becomes aware, or become aware, or perform ads or services is covered of a condition from which "bodily in- unless expressly provided for under jury" or "property damage" is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 1022 e. Damages because of "bodily injury" in- This exclusion applies only if you are in clude damages daimed by any person or the business of manufacturing, distribut- organization for care, loss of services or ing, selling, serving or furnishing alcoholic death resulting at any time from the"bod- beverages. ily injury". d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a workers' compensation, disability benefits a. Expected or Intended Injury or unemployment compensation law or "Bodily injury" or "property damage" any similar law. which results from the intentional or e. Employers Liability criminal acts of the insured or which is in fact expected or intended by the insured, "Bodily injury"to: even if the injury or damage is of a differ- ent degree or type than actually expected (1) An "employee" of the insured sus- or intended. This exclusion does not ap- tained in the'Workplace"; ply to"bodily injury"resulting from the use (2) An "employee" of the insured arising of reasonable force to protect persons or out of the performance of duties re- property. lated to the conduct of the insured's b. Contractual Liability business; or "Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or which the insured is obligated to pay sister of that "employee" as a conse- damages by reason of the assumption of quence of Paragraphs (1) or (2) liability in a contract or agreement. This above. exclusion does not apply to liability for This exclusions applies: damages: 1 That the insured would have in the (1) whether the insured may be liable as ( ) an employer or in any other capadty; absence of the contract or agree- and menta or 2 Assumed in a contract or agreement (2) To any obligation to share damages ( } g with or repay someone else who that is an"insured contract", provided must pay damages because of the the "bodily injury" or "property dam- injury. age" occurs subsequent to the exe- cution of the contract or agreement. This exclusion does not apply to liability When a claim for such "bodily injury" assumed by the insured under an "in- or "property damage" is made, we sured contract". will defend that claim provided the insured has assumed the obligation t. Pollutant to defend such claim in the "Insured (1) "Bodily injury" or "property damage"e" contract". Such defense payments arising out of the actual, alleged or will not reduce the limits of insur- threatened discharge, dispersal, ance. seepage, migratlon, release, escape c. Liquor Liability or emission of"pal I utants": "Bodily injury" or "property damage" for (a) At or from any premises, site or which any insured may be held liable by location which is or was at any reason of: time owned or occupied by, or rented or loaned to, any insured. (1) Causing or contributing to the intoxi- However, Paragraph (a) does cation of any person; not apply to: (2) The furnishing of alcoholic beverages 1) "Bodily injury"to any person to a person under the legal drinking injured while on any prem- age or under the influence of alcohol; ises, site or location owned or or occupied by, or rented or (3) Any statute, ordinance or regulation loaned to, you provided: relating to the sale, gift, distribution a) The injury is caused by or use of alcoholic beverages. the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 2 of 22 b) The person injured is product of any manufactur- first exposed to such ing process; vapors during the policy period; and 2) "Bodily injury" or "property damage" for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor,and the owner or son injured is clinically lessee of such premises, diagnosed or treated by site or location has been a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongoing sure to such vapors. operations or "your work" However, Paragraph c) performed for that additional does not apply if the insured at that premises, "bodily injury"is caused site or location and such by vapors produced by premises, site or location is or originating from not and never was owned or equipment that is used occupied by, or rented or to heat, cool or dehu- loaned to, any insured, midify the building, or other than that additional in- equipment that is used sured; or to heat water for per- sonal use, by the build- 3) 'Bodily injury" or "property ing's occupants or their damage"arising out of heat, guests. smoke or fumes from a "hostile fire'; This exception 1) shall ap- ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to de- location which is or was at any fend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named Insured, age, disposal, processing or However, this paragraph treatment of waste; does not apply if the"bodily (c) Which are or were at any time injury" is caused by vapors transported, handled, stored, produced by or originating treated, disposed of, or proc- from equipment that is used essed as waste by or for; to heat, oaol or dehumidify the building, or equipment 1) Any insured; or that is used to heat water for personal use, by the 2) Any person or organization building's occupants or their for whom you may be le- guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are per- contaminant, including forming operations if the "pollut- smoke, fumes, vapor or ants" are brought on or to the soot, but excluding asbes- premises, site or location in con- tos, which is discharged, nection with such operations by dispersed, emitted, released such insured, contractor or sub- or escapes from materials, contractor. However, Paragraph machinery or equipment (d)does not apply to: used in the service or main- 1) 'Bodily injury" or "property tenance of the premises. damage" arising out of the Vapors does not mean any discharge, dispersal, seep- gaseous or airborne irritants age, migration, release, es- or contaminants used in a cape or emission of fuels, manufacturing process or lubricants or other operating which is the product or by- fluids, or exhaust gases, which are needed to per- Includes copyrighted material of Insurance GA 101 TX 0914 Services Office, Inc.,with its permission. Page 3 of 22 form, or are the result of, (2) Any loss, cost or expense arising out the normal electrical, hy- of any: draulic or mechanical func- tions necessary for the op- (a) Request, demand, order or eration of "mobile equip- statutory or regulatory require- ment" or its parts, if such ment that any insured or others fuels, lubricants or other test for, monitor, clean up, re- operating fluids, or exhaust move, contain, treat, detoxify or gases, escape, seep or mi- neutralize, or in any way re- grate, or are discharged, spond to, or assess the effects dispersed, released or emit- of,"pollutants"; or ted from a vehicle part de- (b) Claim or suit by or on behalf of a signed to hold, store or re- governmental authority for dam- ceive them. This exception ages because of testing for, does not apply if the fuels, monitoring, cleaning up, remov- lubricants or other operating ing, containing, treating, detoxi- fluids, or exhaust gases, {ging or neutralizing, or in any escape, seep or migrate, or way responding to, or assessing are discharged, dispersed, the effects of, "pollutants". released or emitted with the intent to cause "bodily in- However, Paragraphs (2)(a) and (b) jury" or "property damage" do not apply to liability for damages or with the knowledge that because of "property damage" that 'bodily injury" or "property the insured would have in the ab- damage" is substantially sence of such request, demand, or- certain to occur, or if such der or statutory or regulatory re- fuels, lubricants or other quirement, or such claim or "suit" by operating fluids, or exhaust or on behalf of a governmental au- gases, are brought on or to thority. the premises, site or loca- tion with such intent to es- g. Aircraft,Auto or Watercraft cape,seep or migrate,or be "Bodily injury" or "property damage" aris- discharged, dispersed, re- ing out of the ownership, maintenance, leased or emitted as part of use or entrustment to others of any air- the operations being per- craft, "auto" or watercraft owned or oper- formed by such insured, ated by or rented or loaned to any in- contractor or subcontractor; sured. Use includes operation and "load- 2) 'Bodily injury" or "property ing or unloading". damage" sustained within a This exclusion applies even If the claims building and caused by the against any insured allege negligence or release of gases, fumes or other wrongdoing in the supervision, hir- vapors from materials ing, employment, training or monitoring of brought into that building in others by that Insured, if the "occurrence" connection with operations which caused the "bodily injury" or"prop- being performed by you or erty damage" involved the ownership, on your behalf by a contrac- maintenance, use or entrustment to oth- tor or subcontractor; or ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage"arising out of heat, loaned to any insured. smoke or fumes from a This exclusion does not apply to: "hostile fire"; or (1) A watercraft while ashore on prem- (e) At or from any premises, site or ises you own or rent; location on which any insured or any contractors or subcontrac- (2) A watercraft you do not own that is: tors working directly or indirectly on any insured's behalf are per- (a) Less than 51 feet long;and forrning operations if the opera- (b) Not being used to carry persons tions are to test for, monitor, or property for a charge; clean up, remove, contain, treat, detoxify or neutralize, or in any (3) Parking an "auto" on, or on the ways way respond to, or assess the next to, premises you own or rent, effects of,"pollutants". provided the "auto" is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 4 of 22 or rented or loaned to you or the in- (1) Property you own, rent or occupy, in- sured; cluding any costs or expenses in- (4) Liability assumed under any"insured curred by you, or any other person, organization or entity, for repair, re- contract" for the ownership, mainte- nance or use of aircraft or watercraft; placement, enhancement, restoration ❑r maintenance of such property for or any reason, including prevention of (5) "Bodily injury" or "property damage" injury to a person or damage to an- arising out of: other's property; (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prem- would qualify under the definition ises; of "mobile equipment" if it were (3) Property loaned to you; not subject to a compulsory or financial responsibility law or (4) Personal property in the care, cus- other motor vehicle insurance tody or control of an insured; law in the state where it is li- censed or principally garaged; or (5) That particular part of real property on which you or any contractors or (b) The operation of any of the ma- subcontractors working directly or in- chinery or equipment listed in directly on your behalf are performing Paragraph f.(2) or f.(3) of the operations, if the "property damage" definition of"mobile equipment". arises out of those operations;or h. Mobile Equipment (6) That particular part of any property that must be restored, repaired or re- "Bodily out of:y injury" or "property damage" oris- placed because "your work" was in- ing ocorrectly performed on it. (1) The transportation of "mobile equip- Paragraphs (1), (3) and (4) of this exclu- ment" by an "auto" owned or oper- sion do not apply to "property damage" ated by or rented or loaned to any in- (other than damage by fire or explosion) sured; or to premises, including the contents of (2) The use of"mobile equipment" in, or such premises, rented to you for a period while in practice for, or while being of 7 or fewer consecutive days, for which prepared for, any prearranged rac- the amount we will pay is limited to the ing, speed, demolition, or stunting Damage To Premises Rented To You activity. Limit as described in SECTION III - LIM- ITS OF INSURANCE. i. War Paragraph (2) of this exclusion does not "Bodily Injury"or"property damage", how- apply if the premises are 'your work"and ever caused, arising, directly or indirectly, were never occupied, rented or held for out of: rental by you. (1) War, including undeclared or civil Paragraphs(3), (4), (5)and (6)of this ex- war; clusion do not apply to liability assumed (2) Warlike action by a military force, In- under a sidetrack agreement. cluding action in hindering or defend- Paragraph (6) of this exclusion does not ing against an actual or expected at- apply to "property damage" included in tack, by any government, sovereign the "products-completed operations haz- or other authority using military per- and". sonnel or other agents; or k. Ramage to Your Product (3) Insurrection, rebellion, revolution, usurped power, or action taken by "Property damage" to "your product" aris- governmental authority in hindering ing out of it or any part of it. or defending against any of these. I. Damage to Your Work j. Damage to Property "Property damage" to "your work" arising "Property damage"to: out of it or any part of it and included in the "products-completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 5 of 22 This exclusion does not apply if the dam- (c) Other employment-related prac- aged work or the work out of which the tices, policies, acts or omissions damage arises was performed on your including but not limited to coer- behalf by a subcontractor. cion, criticism, demotion,evalua- aired Propertyor Pro tion, failure to promote, reas- m. Damage to Im p p• signment,discipline, defamation, erty Not Physically Injured harassment, humiliation or dis- "Property damage" to "Impaired property" crimination directed at that per- or property that has not been physically son; or injured, arising out of: (2) The spouse, child, parent, brother or (1) A defect, deficiency, inadequacy or sister f that per injury" to that condition in your prod- G y ry p uct" or"your work"; or son at whom any of the employment- related practices described in Para- (2) A delay or failure by you or anyone graphs (a), (b) or (c) above is di- acting on your behalf to perform a rected. contract or agreement in accordance This exclusion with its terms. applies: This exclusion does not apply to the loss (1) Whether the insured may be liable as of use of other property arising out of anemployeror in any other capacity; sudden and accidental physical injury to "your product" or "your work" after it has (2) To any obligation to share damages been put to its intended use. with or repay someone else who n. Recall of Products, Work or Impaired must pay damages because of the Property ir�ury. Any liability or damages claimed for any r. Additional Insured Prior Knowledge loss, cost or expense incurred by you or An additional insured added by attach- others for the loss of use, withdrawal, re- ment of an endorsement to this Coverage call, inspection, repair, replacement, ad- part that is seeking coverage for a claim justment, removal or disposal of: or "suit", if that additional insured knew, (1) 'Your product"; per the following paragraph, that "bodily injury"or"property damage" had occurred (2) "Your work"; or or had begun to occur, in whole or in part, (3) "Impaired property"; prior to the"coverage term"in which such 'bodily injury" or "property damage" oc- if such product, work or property is with- curs or begins to occur. drawn or recalled from the market or from An additional insured added by attach- use by any person or organization be- ment of an endorsement to this Coverage cause of a known or suspected defect, Park will be deemed to have known that deficiency, inadequacy or dangerous con- 'bodily injury" or "property damage" has dition in it. occurred or has begun to occur at the o. Personal and Advertising Injury earliest time when that additional insured, or any one of its owners, members, park- "Bodily injury"arising out of"personal and ners, managers, executive officers, "em- advertising injury". ployees" assigned to manage that addi- tional insured's insurance program, or p. Asbestos "employees" assigned to give or receive "Bodily injury" or 'property damage" aris- notice of an "occurrence", "personal and ing out of, attributable to, or any way re- advertising injury"offense, claim or"suit": lated to asbestos in any form or transmit- (1) Reports all, or any part, of the "bodily ted in any manner, injury" or"property damage" to us or cl. Employment-Related Practices any other insurer; "Bodily injury"to: (2) Receives a written or verbal demand or claim for damages because of the (1) A person arising out of any: "bodily injury"or"property damage"; (a) Refusal to employ that person; (3) First observes, or first observed, the (b) Termination of that person's em- "bo[iily injury"or"property damage"; ployment; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 6 of 22 (4) Becomes aware, or become aware, (1) The amount we will pay for damages by any means other than as de- is limited as described in SECTION scribed in (3) above, that "bodily in- Ili-LIMITS OF INSURANCE; and jury" or "property damage" had oc- curred or had begun to occur;or (2) Our right and duty to defend ends when we have used up the applica- (5) Becomes aware, or become aware, ble limit of insurance in the payment of a condition from which "bodily in- of judgments or settlements under jury" or "property damage" is sub- SECTION I - COVERAGES, COV- stantiall y certain to occur. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; S. Electronic Data SECTION I - COVERAGES, COV- Damages arising out of the loss of, loss of ERAGE B. PERSONAL AND AD- use of, damage to, corruption of, inability VERTISING INJURY LIABILITY; or to access,or inability to manipulate "elec- medical expenses under SECTION I tronic data". - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. t. Distribution of Material in Violation of No other obligation or liability to pay sums Statutes or perform acts or services is covered "Bodily injury" or "property damage" aris- unless expressly provided for under ing directly or indirectly out of any action SUPPLEMENTARY PAYMENTS - COV- or omission that violates or is alleged to ERAGES A AND B. violate: b. This insurance applies to "personal and a. The Telephone Consumer Protection advertising injury"only if: Act(TCPA), inducting any amendment of or addition to such law;or (1) The "personal and advertising injury" is caused by an offense arising out of b. The CAN-SPAM Act of 2003, indud- your business; and ing any amendment of or addition to such law; or (2) The"personal and advertising injury" offense was committed in the"cover- c. Any statute, ordinance or regulation, age territory"during the policy period; other than the TCPA or CAN-SPAM and Act of 2003,that prohibits or limits the sending, transmitting, communicating (3) Prior to the "coverage term" in which or distribution of material or informa- the "personal and advertising injury" tion. offense is committed, you did not know, per Paragraph 1.d,below, that Exdusions c.through q,do not apply to"prop- the offense had been committed or erty damage" by fire or explosion to premises had begun to be committed, in whole while rented to you or temporarily occupied by or in part. you with permission of the owner, for which the amount we will pay is limited to the Dam- age to Premises Rented To You Limit as de- by an offense which: scribed in SECTION III - LIMITS OF INSUR- (1) Was committed during the"coverage ANCE. term"; and COVERAGE B. PERSONAL AND ADVERTISING (2) Was not, prior to the "coverage INJURY LIABILITY term", known by you, per Paragraph 1. Insuring Agreement 1.d.below, to have been committed; a. We will pay those sums that the insured includes any continuation, change or re- becomes legally obligated to pay as dam- sumption of that offense after the end of ages because of "personal and advertis- the "coverage term" in which it first be- ing injury" to which this insurance applies. came known by you. We will have the right and duty to defend d. You will be deemed to know that a "per- the insured against any "suit" seeking sonal and advertising injury" offense has those damages. However, we will have been committed at the earliest time when no duty to defend the insured against any damages for ' any"authorized representative": "suit" seeking g 'personal and advertising injury"to which this insurance (1) Reports all, or any part, of the "per- does not apply. We may, at our discre- sonal and advertising injury"to us or tion, investigate any offense and settle any other insurer; any claim or"suit"that may result. But: Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 7 of 22 (2) Receives a written or verbal demand (1) That the insured would have in the or claim for damages because of the absence of the contract or agree- "personal and advertising injury"; ment;or (3) First observes, or first observed, the (2) Assumed in a contract or agreement offense that caused the "personal that is an"insured contract", provided and advertising injury"; the "personal and advertising injury" is caused by or arises out of an of- (4) Becomes aware, or become aware, fense committed subsequent to the by any means, other than as de- execution of the contract or agree- scribed in (3)above, that the offense ment. When a claim for such "per- had been committed or had begun to sonal and advertising injury" is made, be committed;or we will defend that daim, provided (5) Becomes aware, or become aware, the insured has assumed the obliga- of a condition from which "personal tion to defend such claim in the "in- and advertising injury"is substantially sured contract". Such defense pay- certain to occur. ments will not reduce the limits of in- surance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising a. Knowing Violation of Rights of An- out of a breach of contract,except an im- other plied contract to use another's advertising "Personal and advertising injury" caused idea in your"advertisement". by or at the direction of the insured with g. Quality or Performance of Goods - the knowledge that the act would violate Failure to Conform to Statements the rights of another and would inflict "personal and advertising irjury". "Personal and advertising injury" arising out of the failure of goods, products or b. Material Published With Knowledge of services to conform with any statement of Falsity quality or performance made in your"ad- "Personal and advertising injury" arising vertisement". out of oral or written publication of mate- h. Wrong Description of Prices rial,if done by or at the direction of the in- "Personal and advertisinginjury" arising sured with knowledge of its falsity. out of the wrong description of the price c. Material Published Prior to Coverage of goods, products or services stated in Term your"advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: out and advertising injury" arising nut of the infringement of copyright, pat- (1) The inception of this Coverage Part; ent,trademark,trade secret or other intel- or lectual property rights. (2) The "coverage term" in which insur- However,this exclusion does not apply to ante coverage is sought. infringement, in your "advertisement", of d. Criminal Acts copyright, trade dress or slogan. "Personal and advertising injury" arising l Insureds in Media and Internet Type out of a criminal act committed by or at Businesses the direction of the insured. "Personal and advertising injury" commit- e. Contractual liability ted by an insured whose business is: "Personal and advertising injury" for (1) Advertising, broadcasting, publishing or telecasting; which the insured is obligated to pay damages by reason of the assumption of (2) Designing or determining content of liability in a contract or agreement. This web-sites for others; or exclusion does not apply to liability for damages: (3) An Internet search, access, content or service provider. Includes copyrighted material of Insurance GA 101 TX 091€! Services Office, Inc.,with its permission. Page 8 of 22 However,this exclusion does not apply to n. Pollutant Paragraphs 17. a., b. and c, of"personal and advertising injury" under SECTION V "Personal and advertising injury" arising -CEFIN ITIONS. out of the actual, alleged or threatened discharge, dispersal, seepage, migration, For the purposes of this exclusion, the release, escape or emission of "pollut- placing of frames, borders or links, or ad- ants" at any time. vertising, for you or others anywhere on o. Pollutant-Related Internet is not, by itself, considered the business of advertising, broadcasting, Any loss, cost or expense arising out of publishing or telecasting, any: k. Electronic Chatrooms or Bulletin (1) Request, demand, order or statutory Boards or regulatory requirement that any Personal and advertising injuryinsured or others test for, monitor,arising clean u remove, contain, treat, de- out of an electronic chatroom or bulletin p, board any insured hosts, owns, or over toxify or neutralize, or in any way re- which any insured exercises control. spond to, or assess the effects of, "pollutants"; or I. Unauthorized Use of Another's Name or Product (2) Claim or suit by or on behalf of a governmental authority for damages "Personal and advertising injury' arising because of testing for, monitoring, out of the unauthorized use of another's cleaning up, removing, containing, name or product in your e-mail address, treating, detoxifying or neutralizing, domain name or metatag, or any other or in any way responding to, or as- similar tactics to mislead another's paten- sessing the effects of, "pollutants". tial customers. p. Asbestos M. Employment Related Practices 'Personal and advertising injury" arising 'Personal and advertising injury"to: out of, attributable to, or any way related (1) A person arising out of any: to asbestos in any form or transmitted in any manner. (a) Refusal to employ that person; q, Additional Insured Prior Knowledge (b) Termination of that person's em- An additional insured added by attach- ployment; or ment of an endorsement to this Coverage (c) Other employment-related prat- Part that is seeking coverage for a claim tires, policies, acts or omissions or "suit", if that additional insured knew, including but not limited to coer- per the following paragraph, that a "per- cion, criticism, demotion, evalua- sonal and advertising injury" offense had tion, failure to promote, reas- been committed or had begun to be signment, discipline, defamation, committed, in whole or in part, prior to the harassment, humiliation or dis- "coverage term" in which such offense crimination directed at that per- was committed or began to be committed. son; or An additional insured added by attach- (2) The spouse, child, parent, brother or ment of an endorsement to this Coverage sister of that person as a conse- Part will be deemed to have known that a quence of "personal and advertising "personal and advertising injury" offense injury"to that person at whom any of has been committed or has begun to be the employment-related practices committed at the earliest time when that described in Paragraphs (a), (b) or additional insured, or any one of its own- (c)above is directed. ers, members, partners, managers, ex- ecutive officers, "employees" assigned to This exdusion applies: manage that additional Insured's insur- (1) Whether the insured may be liable as ante program, or "employees" assigned to give or receive notice of an "occur- an employer or in any other capacity, rence", "personal and advertising injury" and offense, claim or"suit": (2) To any obligation to share damages (1) Reports all, or any part, of the "per- with or repay someone else who sonal and advertising injury" to us or must pay damages because of the any other insurer; idury. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 9 of 22 (2) Receives a written or verbal demand a. We will pay medical expenses as de- or daim for damages because of the scribed below for "bodily injury" caused "personal and advertising injury"; by an accident: (3) First observes, or first observed, the (1) On premises you own or rent; offense that caused the "personal and advertising injury"; (2) On ways next to premises you own or rent; or (4) Becomes aware, or become aware, by any means other than as de- (3) Because of your operations; scribed in (3) above, that the "per- provided that: sonal and advertising injury" offense had been committed or had begun to (1) The accident takes place in the "cov- be committed; or erage territory" and during the policy (5) Becomes aware, or become aware, period; of a condition from which "personal (2) The expenses are incurred and re- and advertising injury" is substantially ported to us within three years of the certain to occur. date of the accident; and r. War (3) The injured person submits to ex- amination, at our expense, by physi- "Personal and advertising injury", how- cians of our choice as often as we ever caused, arising, directly or indirectly, reasonably require. out of: 1 War, including undeclared or dvil b. We will make these payments regardless ( ) g of fault. These payments will not exceed war; the applicable limit of insurance. We will (2) Warlike action by a military force, in- pay reasonable expenses far: cluding action in hindering or defend- (1) First aid administered at the time of ing against an actual or expected at- an accident; tack, by any government, sovereign or other authority using military per- (2) Necessary medical, surgical, x-ray sonnel or other agents; or and dental services, including pros- (3) Insurrection, rebellion, revolution, thetic devices; and usurped power, or action taken by (3) Necessary ambulance, hospital, pro- governmental authority in hindering fessional nursing and funeral ser- or defending against any of these. vices. s. Distribution of Material in Violation of 2. Exclusions Statutes We will not pay expenses for"bodily injury": "Personal and advertising injury" arising directly or indirectly out of any action or a. Any Insured omission that violates or is alleged to vio- To any insured, except "volunteer work- late: ers a. The Telephone Consumer Protection b. Hired person Act(TCPA), including any amendment of or addition to such law; or To a person hired to do work for or on b. The CAN-SPAM Act of 2003, induct- behalf of any insured or a tenant of any insured, ing any amendment of or addition to such law; or c. Injury on Normally Occupied Premises c. Any statute, ordinance or regulation, To a person injured on that part of prem- other than the TCPA or CAN-SPAM ises you own or rent that the person nor- Act of 2003, that prohibits or limits the many occupies. sending, transmitting, communicating or distribution of material or informa- d. Workers' Compensation and Similar tion. Laws COVERAGE C. MEDICAL PAYMENTS To a person, whether or not an "em- ployee" of any insured, if benefits for the 1. Insuring Agreement 'bodily injury"ars payable or must be pro- vided under a workers' compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 10 of 22 e. Athletic Activities a. An individual, you and your spouse are To any person injured while officiating, insureds, but only with respect to the con- coaching, practicing for, instructing or dui of a business of which you are the sole owner. participating in any physical exercises or games, sports, or athletic contests or ex- b. A partnership or joint venture, you are an hibitions of an athletic or sports nature, insured. Your members, your partners, f. Products-Completed Operations Haz- and their spouses are also insureds, but aril only with respect to the conduct of your business. Included within the "products-completed c. A limited liability company, you are an in- operations hazard". sured. Your members are also insureds, g. Coverage A Exclusions but only with respect to the conduct of your lousiness. Your managers are insur- Exduded under COVERAGE A. BODILY eds, but only with respect to their duties INJURY AND PROPERTY DAMAGE LI- as your managers. ABILITY. d. An organization other than a partnership, SUPPLEMENTARY PAYMENTS - COVERAGES joint venture or limited liability company, A AND B you are an insured. Your "executive offi- We will pay, with respect to any claim we investi- cers" and directors are insureds, but only offi- gate or settle, or any"suit" against an insured we with respect to their duties your defend: cern or directors. Your stockhh are your are also insureds, but only with respect to 7. All expenses we incur. their liability as stockholders. 2. Up to $250 for cost of bail bonds required be- e. A trust, you are an insured. Your trustees cause of accidents or traffic law violations are also insureds,but only with respect to arising out of the use of any vehicle to which their duties as trustees. the Bodily injury Liability Coverage applies. 2. Each of the following is also an insured: We do not have to furnish these bonds. 3. The cast of bonds to release attachments, but a. Your "volunteer workers" only while per- only for bond amounts within the applicable forming duties related to the conduct of limit of insurance. We do not have to furnish Your business, or your"employees",other these bonds. than either your "executive officers" (if you are an organization other than a 4. All reasonable expenses incurred by the in- partnership,joint venture or limited liability sured at our request to assist us in the investi- company) or your managers (if you are a gation or defense of the claim or"suit",indud- limited liability company), but only for acts ing actual loss of earnings up to $250 a day within the scope of their employment by because of time off from work. you or while performing duties related to the conduct of your business. However, 5. All costs taxed against the insured in the none of these "employees" or "volunteer "suit". workers"are insureds for: S. Prejudgment interest awarded against the in- (1) "Bodily injury" or "personal and ad- sured on that part of the judgment we become vertising injury": obligated to pay and which falls within the ap- plicable limit of insurance. If we make an offer (a) To you, to your partners or to pay the applicable limit of insurance,we will members (if you are a partner- not pay any prejudgment interest based on ship or joint venture), to your that period of time after the offer. members (if you are a limited li- ability company), to a cc- 7. All interest on the full amount of any judgment "employee" while in the course that accrues after entry of the judgment and of his or her employment or per- before we have paid,offered to pay, or depos- forming duties related to the ited in court the part of the judgment that is conduct of your business, or to within the applicable limit of insurance. your other "volunteer workers" These payments will not reduce the limits of incur- while performing duties relatedto the conduct of your business; anoe. SECTION 1I-WHO IS AN INSURED (b)l To the spouse, child, parent, brother or sister of that co- 7, If you are designated in the Declarations as: "employee" or "volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 11 of 22 worker" as a consequence of c. COVERAGE B. PERSONAL AND AD- Paragraph(lHa)above; VERTISING INJURY LIABILITY does not (c) For which there is any obligation apply to"personal and advertising injury" arising out of an offense committed be- to share damages with or repay fore you acquired or formed the organiza- someone else who must pay tion. damages because of the injury described in Paragraphs (1)(a) No person or organization is an insured with re- or(b)above; or spect to the conduct of any current or past partner- ship, joint venture or limited liability company that (d) Arising out of his or her provid- is not shown as a Named Insured in the Dedara- ing or failing to provide profes- tions. sional health care services. 2 "Property damage"to roe SECTION 111-LIMITS OF INSURANCE ( ) P Y 9 property-rtY= 1. The Limits of Insurance shown in the Declara- (a) Owned, occupied or used by;or tions and the rules below fix the most we will (b) Rented to, in the care, custody pay regardless of the number of: or control of, or over which a. Insureds; physical control is being exer- cised for any purpose by, b. Claims made or"suits" brought; or you,any of your"employees", "volun- c. Persons or organizations making daims teer workers", any partner or member or bringing"suits". (if you are a partnership or joint ven- ture), or any member (if you are a 2. a. The General Aggregate Limit is the most limited liability company). we will pay for the sum of: b. Any person (other than your "employee" (1) Medical expenses under COVER- or "volunteer worker"), or any organiza- AGE C.MEDICAL PAYMENTS; tion while acting as your real estate man- (2) Damages under COVERAGE A. ager. BODILY INJURY AND PROPERTY c. Any person or organization having proper DAMAGE LIABILITY, except dam- temporary custody of your property if you ages because of "bodily injury" or die,but only: "property damage" included in the "products-completed operations haz- (1) With respect to liability arising out of and"; and the maintenance or use of that prop- erty;and (3) Damages under COVERAGE B. PERSONAL AND ADVERTISING (2) Until your legal representative has INJURY LIABILITY. been appointed. This General Aggregate Limit will not ap- d. Your legal representative if you die, but ply if either the Location General Aggre- only with respect to duties as such.That gate Limit of Insurance, Paragraph 2.b., representative will have all your rights or the Construction Project General Ag- and duties under this Coverage Part. gregate Limit of Insurance, Paragraph 3. Any organization you newly acquire or form, 2.c.applies. other than a partnership, joint venture or lim- b. A separate Location General Aggregate ited liability company, and over which you Limit of Insurance,equal to the amount of maintain ownership or majority interest, will the General Aggregate Limit shown in the qualify as a Named Insured if there is no other Declarations, shall apply to each location similar insurance available to that organiza- owned by, or rented or leased to you and tion. However: is the most we will pay for the sum of: a. Insurance under this provision is afforded (1) Damages under COVERAGE A. only until the 90th day after you acquire or BODILY INJURY AND PROPERTY form the organization or the end of the DAMAGE LIABILITY, except dam- policy period,whichever is earlier; ages because of "bodily injury' or b. COVERAGE A. BODILY INJURY AND "property damage" included in the PROPERTY DAMAGE LIABILITY does "products-completed operations haz- not apply to 'bodily injury" or "property and"; and damage" that occurred before you ac- (2) Medical expenses under COVER- quired or formed the organization; and AGE C.MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 12 of 22 which can be attributed to operations at 5. Subject to 2. or 3, above, whichever applies, only a single location owned by, or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a, Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to the INJURY AND PROPERTY DAMAGE LI- amount of the General Aggregate Limit ABILITY; and shown In the Declarations, shall apply to each construction project and is the most b. Medical expenses under COVERAGE C. we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage" arising out of any one"occurrence". DAMAGE LIABILITY, except dam- g, Subject to 5, above, the Damage to Premises ages because of "bodily injury" or Rented to You Limit is the most we will pay "property damage" included in the under COVERAGE A. BODILY INJURY AND "products-completed operations haz- PROPERTY DAMAGE LIABILITY for dam- ard"; and ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the AGE C. MEDICAL PAYMENTS; case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing with permission of the owner. operations and only at a single construc- tion project. T. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of"bodily injury' sustained 2.a.,2.b.,or 2.c., applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or prem- ply separately to each"coverage term". ises, whose connection is interrupted only by a street, roadway, waterway SECTION IV-COMMERCIAL GENERAL LIABIL- or right-of-way of a railroad. ITY CONDITIONS (2) Construction project means a Iota- 1. Bankruptcy tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of where ongoing improvements, altera- the insured's estate will not relieve us of our tions, installation, demolition or main- obligations under this Coverage Part. tenance work is performed by you or on your behalf. All connected ongo- 2. Duties in the Event of Occurrence, Offense, ing improvements, alterations, instal- Claim or Suit lation, demolition or maintenance work performed by you or on your a. You must see to it that we are notified as behalf at the same location for the soon as practicable of an "occurrence" or same persons or organizations, no a "personal and advertising injury" of- matter how often or under how many fense which may result in a claim. To the different contracts, will be deemed to extent possible, notice should include: be a single construction project, (1) How, when and where the "occur- 3. The Products-Completed Operations Aggre- rence" or offense took place; gate Limit is the most we will pay under COV- (2) The names and addresses of any in- ERAGE A. BODILY INJURY AND PROP- jured persons and witnesses; and ERTY DAMAGE LIABILITY for damages be- cause of"bodily injury'and "property damage" (3) The nature and location of any injury included in the "products-completed opera- or damage arising out of the "occur- tions hazard". renoe" or offense. 4. Subject to 2,a. above, the Personal and Ad- b. If a claim is made or "suit" is brought vertising Injury Limit is the most we will pay against any insured, you must: under COVERAGE B. PERSONAL AND AD- {}) Immediately record the specifies of AD- VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and the claim or "suit' and the date re- advertising injury" sustained by any one per- ceived;and son or organization. (2) Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc„with its permission. Page 13 of 22 You must see to it that we receive written b. The date this Coverage Part became ef- notice of the daim or "suit" as soon as fective; and practicable. will be considered as included until the end of c. You and any other involved insured must: the current policy period. We will make no ad- (1) Immediately send us copies of any ditional premium charge for this additional coverage during the interim, demands, notices, summonses or le- gal papers received in connection 5. Other Insurance with the claim or "suit"; If other valid and collectible insurance is avail- (2) Authorize us to obtain records and able to the insured for a loss we cover under other information; COVERAGE A. BODILY INJURY AND (3) Cooperate with us in the investiga- PROPERTY DAMAGE LIABILITY or COV- tion or settlement of the daim or de- ERAGE B. PERSONAL AND ADVERTISING fense against the"suit"; and INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: (4) Assist us, upon our request, in the a. Primary Insurance enforcement of any right against any person or organization which may be This insurance is primary except when b. liable to the insured because of iryury below applies. If this insurance is primary, or damage to which this insurance our obligations are not affected unless may also apply. any of the other insurance is also primary. d. No insured will, except at that insured's Then, we will share with all that other in- suranoe by the method described in C. own cost, voluntarily make a payment, below assume any obligation, or incur any ex- pense, other than for first aid, without our b. Excess insurance consent. This insurance is excess over: 3. Legal Action Against Us (1) Any of the other insurance, whether No person or organization has a right under primary, excess, contingent or on this Coverage Part: any other basis: a. To join us as a party or otherwise bring us (a) That is Fire, Extended Cover- into a "suit" asking for damages from an age, Builder's Risk, Installation insured; or Risk or similar insurance for b. To sue us on this Coverage Part unless 'your work"; all of its temps have been fully complied (b) That is Fire or Explosion insur- with. ante for premises rented to you A person or organization may sue us to re- or temporarily occupied by you cover on an agreed settlement or on a final with permission of the owner; judgment against an insured; but we will not (c) That is insurance purchased by be liable for damages that are not payable un- you to cover your liability as a der the terms of this Coverage Fart or that are tenant for "property damage" to in excess of the applicable limit of insurance, premises rented to you or tem- An agreed settlement means a settlement and porarily occupied by you with release of liability signed by us, the insured permission of the owner; or and the claimant or the caimant's legal repre- sentative. (d) If the loss arises out of the main- tenance or use of aircraft, 4. Liberalization "autos" or watercraft to the ex- tent not subject to SECTION I - If, within 60 days prior to the beginning of this COVERAGES, COVERAGE A. Coverage Part or during the policy period, we BODILY INJURY AND PROP- make any changes to any forms or endorse- ERTY DAMAGE LIABILITY, 2. ments of this Coverage Part for which there is Exclusions, g. Aircraft, Auto currently no separate premium charge, and or Watercraft. that change provides more coverage than this Coverage Part, the change will automatically (2) Any other primary insurance avail- apply to this Coverage Part as of the latter of. able to the insured covering liability a. The date we implemented the change in for damages arising out of the prem- ises or operations, or the products your state;or and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 14 of 22 the insured has been added as an to the total applicable limits of insurance additional insured by attachment of of all insurers. an endorsement. ta. Premium Audit (3) Any other insurance: a. We will compute all premiums for this (a) Whether primary, excess, con- Coverage Part in accordance with our tingent or on any other basis, rules and rates. except when such insurance is written specifically to be excess b. Premium shown in this Coverage Part as over this insurance;and advance premium is a deposit premium only. At the dose of each audit period we (b) That is a Consolidated (wrap-up) will compute the earned premium for that insurance program which has period and send notice to the first Named been provided by the prime con- Insured. The due date for audit and retro- tractor/project manager or owner spective premiums is the date shown as of the consolidated project in the due date on the bill. If: which you are involved. (1) The earned premium is less than the When this insurance is excess, we will deposit premium, we will return the have no duty under COVERAGE A. excess to the first Named Insured; or BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. (2) The earned premium is greater than PERSONAL AND ADVERTISING IN- the deposit premium, the difference JURY LIABILITY to defend the insured will be due and payable to us by the against any"suit" if any other insurer has first Named Insured upon notice from a duty to defend the insured against that us. "suit". If no other insurer defends, we will c. The first Named Insured must keep re- undertake to do so, but we will be entitled Cords of the information we need for Pre- to the insured's rights against all those mium computation, and send us copies at other insurers. such times as we may request. When this insurance is excess over other 7. Representations insurance, we will pay only our share of the amount of the loss, if any, that ex- By accepting this Coverage Part, you agree. ceeds the sum of: a. The statements in the Declarations are (1) The total amount that all such other accurate and complete; insurance would pay for the loss in the absence of this insurance;and b. Those statements are based upon repre- sentations you made to us; and (2) The total of all deductible and self- insured amounts under all that other c. We have issued this Coverage Part in re- insurance. fiance upon your representations. We will share the remaining loss, if any, 8. Separation of Insureds with any other insurance that is not de- Except with respect to the Limits of Insurance, scribed in this Excess Insurance provision and any rights or duties specifically assigned and was not bought specifically to apply in this Coverage Part to the first Named In- in excess of the Limits of Insurance sured,this insurance applies; shown in the Declarations of this Cover- age Part. a. As if each Named Insured were the only c. Method of Sharing Named Insured;and If all of the other insurance permits con- b• Separately to each insured against whom claim is made or"suit"is brought. tribution by equal shares, we will follow this method also. Under this approach 3. Transfer of Rights of Recovery Against each insurer contributes equal amounts Others to Us until it has paid its applicable limit of insurance or none of the loss remains, If the insured has rights to recover all or part whichever comes first. of any payment we have made under this Coverage Part, those rights are transferred to If any of the other insurance does not us. The insured must do nothing after loss to permit contribution by equal shares, we impair them. At our request, the insured will will contribute by limits. Under this bring "suit" or transfer those rights to us and method, each insurees share is based on help us enforce them. the ratio of its applicable limit of insurance Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 15 of 22 10. Two or More Coverage Forms or Policies publicly traded organization, your Issued by Us stockholders are also "authorized If this Coverage Part and any other Coverage representatives". Form or Coverage Part forming a part of this (5) A trust, your trustees are "authorized policy apply to the same "occurrence" or"per- representatives". sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all In. Your"employees": the Coverage f=orms or Coverage Parts shall (1) Assigned to manage your insurance not exceed the highest applicable Limit of In- program;or suranoe under any one Coverage Form or Coverage Part. This condition does not apply (2) Responsible for giving or receiving to any Coverage Form or Coverage Part is- notice of an "occurrence", "personal sued by us specifically to apply as excess in- and advertising injury" offense, daim surance over this Coverage Part. or"suit"; 11. When We Do Not Renew are also"authorized representatives", If we decide not to renew this Coverage Part, 3. "Auto" means: we will mail or deliver to the first Named In- sured shown in the Declarations written notice a. A land motor vehicle, trailer or semitrailer of the nonrenewal not less than 34 days be- designed for travel on public roads, in- fore the expiration date, cluding any attached machinery or equipment; or If notice is mailed, proof of mailing will be suf- ficient proof of notice. b. Any other land vehicle that is subject to a compulsory or financial responsibility law SECTIONV-DEFINITIONS or other motor vehicle insurance law in 1. "Advertisement" means a notice that is broad- the state where it is licensed or principally cast, telecast or published to the general pub- garaged. lic or speck market segments about your However, "auto" does not include "mobile goods, products or services for the purpose of equipment". attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- 4. "Bodily injury" means bodily injury,sickness or poses of this definition: disease sustained by a person, inducing death resulting from any of these at any time. a. Notices that are published include mate- rial placed on the Internet or on similar 5• "Coverage term" means the following individ- electronic means of communication; and ual increment, or if a mutti-year policy period, increments, of time, which comprise the policy b. Regarding web-sites, only that part of a period of this Coverage Part: web-site that is about your goods, prod- ucts or services for the purposes of at- a. The year commencing on the Effective tracting customers or supporters is con- Date of this Coverage Part at 12:01 AM sidered an "advertisement". standard time at your mailing address shown in the Declarations, and if a multi 2. "Authorized representative" means: year policy period, each consecutive an- iyou are designated in the Declarations an- nual period thereafter, or portion thereof if , If y g any period is for a period of less than 12 as: months, oonstttute individual "coverage (1) An individual, you and your spouse terms". The last "coverage term" ends at are authorized representatives". 12:00 AM standard time at your mailing address shown in the Declarations on the (2) A partnership or joint venture, your earlier of members, your partners, and their spouses are "authorized representa- (1) The day the policy period shown in tives". the Declarations ends; or (3) A limited liability company, your (2) The day the policy to which this Cov- members and your managers are erage Part is attached is terminated "authorized representatives". or cancelled. (4) An organization other than a partner- b. However, if after the issuance of this Cov- ship, joint venture or limited liability erage Part, any "coverage term" is ex- company, your "executive officers" tended for an additional period of less and directors are "authorized repre- than 12 months, that additional period of sentatives". Provided you are not a Includes copyrighted material of insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 16 of 22 time will be deemed to be part of the last b. You have failed to fulfill the terms of a preceding"coverage term". contract or agreement; 6. "Coverage territory"means: if such property can be restored to use by: a. The United States of America (including a. The repair, replacement, adjustment or its territories and possessions), Puerto removal of"your product" or"your work"; Rico and Canada; or b. International waters or airspace, but only b. Your fulfilling the terms of the contract or if the injury or damage occurs in the agreement. course of travel or transportation between any places included in a.above; or 12. "Insured contract" means: c. All other parts of the world if the injury or a. A contract for a lease of premises. How- damage arises out of: ever, that portion of the contract for a lease of premises that indemnifies any 41 j Goods or products made or sold by person or organization for"property dam- you in the territory described in a. age" by fire or explosion to premises above; while rented to you or temporarily occu- pied by you with permission of the owner {2} The activities of a person whose is not an"insured contract", home is in the territory described in a.above, but is away for a short time b. A sidetrack agreement; on your business;or c. Any easement or license agreement, ex- (3) "Personal and advertising injury" of- cept in connection with construction or fenses that take place through the demolition operations on or within 50 feet Internet or similar electronic means of a railroad; of communication, d. An obligation, as required by ordinance, provided the insured's responsibility to to indemnify a municipality,except in con- pay damages is determined in a "suit"on nection with work for a municipality; the merits, in the territory described in a. above or in a settlement to which we e. An elevator maintenance agreement; agree. f. That part of any other contract or agree- 7. "Electronic data" means information, facts or ment pertaining to your business (includ- programs stored as or on,created or used on, ing an indemnification of a municipality in or transmitted to or from computer software, connection with work performed for a including systems and applications software, municipality)under which you assume the hard or floppy disks, CD-ROMs,tapes,drives, tort liability of another party to pay for cells, data processing devices or any other "bodily injury","property damage"or"per- media which are used with electronically con- sonal and advertising injury" to a third trolled equipment. person or organization. Tort liability means a liability that would be imposed 8. "Employee" includes a "leased worker". "Em- by taw in the absence of any contract or ployee" does not include a "temporary agreement. worker". Paragraph f,does not include that part of 9. "Executive officer" means a person holding any contract or agreement: any of the officer positions created by your charter, constitution, by-laws or any other {1 That indemnifies a railroad far"bodily similar governing document. injury", "property damage" or "per- sonal and advertising injury" arising 10. "Hostile fire" means one which becomes un- out of construction or demolition op- controllable or breaks out from where it was erations, within 50 feet of any rail- intended to be. road property and affecting any rail- road bridge or trestle, tracks, road- 11. "Impaired property' means tangible property, beds,tunnel, underpass or crossing: other than 'your product" or "your work", that cannot be used or is less useful because: J2y That indemnifies an architect, engi- a. It incorporates "your product" or "your neer or surveyor for injury or damage arising out of: work" that is known or thought to be de- fective, deficient, inadequate or danger- (a) Preparing, approving, or failing ous, or to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 17 of 22 change orders or drawings and der Internet services, including those specifications; or listed in Paragraph(6), above. (b) Giving directions or instructions, 13. "Leased worker" means a person leased to or failing to give them, if that is you by a labor leasing firm under an agree- the primary cause of the injury or ment between you and the labor leasing firm, damage; to perform duties related to the conduct of 3 Under which the insured, if an archi- your business. "Leased worker" includes su- ( ) pervisors furnished to you by the labor leasing tett, engineer or surveyor, assumes firm. "Leased worker" does not include a liability for an injury or damage aris- "temporary worker". ing out of the insured's rendering or failure to render professional ser- 14. "Loading or unloading" means the handling of vices, induding those listed in Para- property: graph (2) above and supervisory, in- spection, architectural or engineering a. After it is moved from the place where it is activities; accepted for movement into or onto an aircraft, watercraft or"auto"; (4) That indemnifies an advertising, pub- lic relations or media consulting firm b. While it is in or on an aircraft, watercraft for "personal and advertising injury" or"auto";or arising out of the planning, execution c. While it is being moved from an aircraft, or failure to execute marketing com- watercraft or "auto" to the place where it munications programs. Marketing is finally delivered; communications programs include but are not limited to comprehensive but"loading or unloading"does not include the marketing campaigns; consumer, movement of property by means of a me- trade and corporate advertising for all chanical device, other than a hand truck, that media; media planning, buying, is not attached to the aircraft, watercraft or monitoring and analysis; direct mail; "autoP1 . promotion: sales materials; design; presentations; point-of--sale materi- 15. "Mobile equipment" means any of the follow- als; market research; public relations ing types of land vehicles, including any st- and new product development; tached machinery or equipment: (5) Under which the insured, if an adver- a. Bulldozers, farm machinery, forklifts and tising, public relations or media con- other vehicles designed for use principally suiting firm,assumes liability for"per- off public roads; sonal and advertising injury" arising b. Vehicles maintained for use solely on or out of the insured's rendering or fail- next to premises you own or rent; ure to render professional services, including those services listed in c. Vehicles that travel on crawler treads; Paragraph(4), above; d. Vehicles, whether self-propelled or not, (S) That indemnifies a web-site designer maintained primarily to provide mobility to or content provider, or Internet permanently mounted: search, access, content or service provider for injury or damage arising (1) Power cranes, shovels, loaders, dig- out of the planning, execution or fail- gers or drills; or ure to execute Internet services. (2) Road construction or resurfacing Internet services include but are not equipment such as graders, scrapers limited to design, production,distribu- or rollers; tion, maintenance and administration of web-sites and web-banners; host- e. Vehicles not described in a., b., c. or d. ing web-sites; registering domain above that are net self-propelled and are names; registering with search en- maintained primarily to provide mobility to gines, marketing analysis; and pro- permanently attached equipment of the viding access to the Internet or other following types: similar networks;or (1) Air compressors,pumps and genera- (7) Under which the insured, if a web- tors, including spraying, welding, site designer or content provider, or building cleaning, geophysical explo- Internet search, access, content or ration, lighting and well servicing service provider, assumes liability for equipment; or injury or damage arising out of the insured's rendering or failure to ren- includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 18 of 22 (2) Cherry pickers and similar devices f. The use of another's advertising idea in used to raise or lower workers; your"advertisement":or f. Vehicles not described in a., b., c. or d. g. Infringing upon another's copyright, trade above maintained primarily for purposes dress or slogan In your"advertisement". other than the transportation of persons or cargo. 18. "Pollutant" means any solid, liquid,gaseous or thermal irritant or contaminant, including However, self-propelled vehicles with the smoke, vapor, soot, fumes, adds, alkalis, following types of permanently attached - chemicals, petroleum, petroleum products and equipment are not "mobile equipment" but petroleum by-products, and waste. Waste in- will be considered "autos": cludes materials to be recycled, reconditioned (1) Equipment designed primarily for: or reclaimed. (a) Snow removal; 19. "Products-completed operations hazard": b Road maintenance, but not con- a• Includes all "bodily injury" and "property damage" occurring away from premises struction or resurfacing; or you own or rent and arising out of "your (c) Street cleaning; product"or"your work" except: (2) Cherry pickers and similar devices (1) Products that are stitl in your physical mounted on automobile or truck possession;or chassis and used to raise or lower (2) Work that has not yet been com- workers; and pleted or abandoned, However,"your (3) Air compressors, pumps and genera- work" will be deemed completed at tors, including spraying, welding, the earliest of the following times: building cleaning, geophysical explo- (a) When all of the work called for in ration, lighting and well servicing your contract has been com- equipment. pleted; or However, "mobile equipment" does not in- (b) When all of the work to be done clude any land vehicles that are subject to a at the job site has been com- compulsory or financial responsibility law or pleted if your contract calls for other motor vehicle insurance law in the state work at more than one job site; where it is licensed or principally garaged. or Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- (c) When that part of the work done cle insurance law are considered "autos". at a job site has been put to its intended use by any person or 16. "Occurrence" means an accident, including organization other than another continuous or repeated exposure to substan- contractor or subcontractor tially the same general harmful conditions. working on the same project. 17. "Personal and advertising injury'means irjury, Work that may need service, mainte- including consequential "bodily injury", arising nanoe, correction, repair or replace- out of one or more of the following offenses: ment, but which is otherwise com- a. False arrest, detention or imprisonment; plate, will be treated as completed. b. Malicious prosecution; b. Does not Include "bodily injury" or "prop- erty damage" arising out of: c. The wrongful eviction from,wrongful entry into, or invasion of the right of private oc- (1) The transportation of property, un- cupancy of a room, dwelling or premises less the injury or damage arises out that a person occupies, committed by or of a condition in or on a vehicle not on behalf of its owner, landlord or lessor; owned or operated by you, and that condition was created by the"loading d. Oral or written publication, in any manner, or unloading" of that vehicle by any of material that slanders or libels a person insured; or organization or disparages a person's or organization's goods, products or ser- (2) The existence of tools, uninstalled vices; equipment or abandoned or unused materials;or e. Oral or written publication, in any manner, of material that violates a person's right of (3) Products or operations for which the privacy; classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 19 of 22 products-completed operations are 25. "Your product": included, a. Means: 20. "Property damage"means: (1) Any goods or products, other than a. Physical injury to tangible property, in- real property, manufactured, sold, cluding all resulting loss of use of that handfed, distributed or disposed of property. All such loss of use shall be by: deemed to occur at the time of the physi- cal injury that caused it;or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name; physically injured. All such loss of use or shall be deemed to occur at the time of the"occurrence"that caused it, (c) A person or organization whose business or assets you have ac- For the purposes of this insurance, "electronic quired; and data"is not tangible property. (2) Containers(other than vehicles), ma- 21. "Suit" means a civil proceeding in which tedals, parts or equipment furnished money damages because of "bodily injury", in connection with such goods or "property damage" or "personal and advertis- products. ing injury' to which this insurance applies are b. Includes: alleged. "Suit" includes; a. An arbitration proceeding in which such (1 y Warranties or representations made p g at any time with respect to the fit- damages are claimed and to which the ness, quality, durability, performance insured must submit or does submit with or use of"your product"; and our consent; b. An other alternative dispute resolution (2] The providing of or failure to provide Any p warnings or instructions, proceeding in which such damages are claimed and to which the insured submits c. Does not include vending machines or with our consent; or other property rented to or located for the c. An appeal of a civil proceeding, use of others but not sold. 22. 'Temporary worker" means a person who is 26. 'Four work": furnished to you to substitute for a permanent a. Means: "employee" on leave or to meet seasonal or short-term workload conditions. (1) Work or operations perfom-ped by you or on your behalf; and 23. "Volunteer worker" means a person who is not your "employee", and who donates his or her (2) Materials, parts or equipment fur- work and acts at the direction of and within the nished in connection with such work scope of duties determined by you, and is not or operations. paid a fee, salary or other compensation by b. Includes: you or anyone else for their work performed for you. (1) Warranties or representations made at any time with respect to the fit- 24. "Workplace" means that place and during ness, quality, durability, performance such hours to which the"employee" sustaining or use of"your work"; and "bodily injury" was assigned by you, or any other person or entity acting on your behalf, to (2) The providing of or failure to provide work on the date of"occurrence", warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: an insured of services, materials, A, Under any Liability Coverage, to "bodily parts or equipment in connection with ijury"or"property damage": the planning, construction, mainte- nance, operation or use of any "nu- (1) With respect to which an insured un- clear facility", but if such facility is !o- der this Coverage Part is also an in- cated within the United States of sured under a nuclear energy liability America, its territories or posses- policy issued by Nuclear Energy Li- sions or Canada, this Exclusion (3) ability Insurance Association, Mutual applies only to "property damage" to Atomic Energy Liability Underwriters, such "nuclear facility' and any prop- Nuclear Insurance Association of erty thereat. Canada, or any of their successors, 2. As used in this exclusion: or would be an insured under any such policy but for its termination "Hazardous properties" includes radioactive, upon exhaustion of its limit of liability; toxic or explosive properties. or "Nuclear material" means "source material", (2) Resulting from the "hazardous prop- "special nuclear material"or"by-product mate- erties" of"nuclear material" and with rial". respect to which (a) any person or organization is required to maintain "source material", "special nuclear material", financial protection pursuant to the and "by-product material" have the meanings Atomic Energy Act of 1954, or any given them in the Atomic Energy Act of 1954 law amendatory thereof, or (b) the or in any law amendatory thereof. insured is, or had this Coverage Part "Spent fuel" means any fuel element or fuel not been issued would be, entitled to component, solid or liquid, which has been indemnity from the United States of used or exposed to radiation in a "nuclear re- America, or any agency thereof, un- actor", der any agreement entered into by the United States of America, or any 'Waste" means any waste material (a) con- agency thereof, with any person or taining 'by-product material" other than the organization. tailings or wastes produced by the extraction B. Under an Medical Pa or concentration of uranium or thorium from y Payments coverage, any ore processed primarily for its "source to expenses incurred with respect to material" content, and (b) resulting from the 'bodily injury" resulting from the "hazard- operation by any person or organization of any ous properties" of "nuclear material" and "nuclear facility' included under the first two arising cut of the operation of a "nuclear paragraphs of the definition of "nuclear facil- facility'by any person or organization. ity. C. Under any Liability Coverage, to "bodily "Nudear facility'means: injury" or "property damage" resulting from the "hazardous properties" of "nu- A. Any"nuclear reactor"; clear material", it B. Any equipment or device designed or (1) The "nuclear material" (a) Is at any used for (1) separating the isotopes of "nuclear facility" owned by, or oper- uranium or plutonium, (2) processing or ated by or on behalf of, an Insured, utilizing"spent fuel", or(3) handling, proc- or (b) has been discharged or dis- essing or packaging "waste'; persed therefrom; C. Any equipment or device used for the (2) The "nuclear material" is contained in processing,fabricating or alloying of"spe- "spent fuel" or "waste" at any time cial nuclear material" if at any time the to- possessed, handled, used, proc- tal amount of such material in the custody essed, stored, transported or dis- of the insured at the premises where such posed of, by or on behalf of an in- equipment or device is located consists of sured: or or contains more than 25 grams of piuto- 3 The "bodily injury" "property dam- nium or uranium 233 or any combination ( } y in i ry or p pert y thereof, or more than 250 grams of ura- age" arises out of the furnishing by nium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc.,with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- "Nuclear reactor" means any apparatus de- ises or place prepared or used for the signed or used to sustain nuclear fission in a storage or disposal of"waste"; self-supporting chain reaction or to oontain a and includes the site on which any of the fore- critical mass of fissionable material. going is located, all operations conducted on "Property damage" includes all forms of radio- such site and all premises used for such op- active contamination of property. erations. Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc.,with its permission. Page 22 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following' BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number:E13AO103371 Named Insured: McMahon Contracting,LT, Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, i. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 41711105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Dumber: EBA0103371 Named insured; McMahon Con"aing,L.P. Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage" arising out of the operation TIONS, A. Lass Conditions, S. Transfer of of a covered "auto" when you have assumed liability for such "bodily injury" or "prop Rights of Recovery Against Others to Us is erty amended b the addition of the following: damage" under an insured contract", pro- amended g vided the "bodily injury" or property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 09 WORKERS'COMPENSATION AND EMPLOYERS TexzMutuar LIABILITY INSURANCE POLICY TncrrranrrCoW2n WC 42 03 04 8 Y 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- percent of the premium developed on payroll in connection with work performed for the above persons) or organizations) adsing out of the operations described. 4. Advance Premium This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date is indicated below, (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12'01 A.M.standard time,forms a part of Policy No.0001228995 of the Texas Mutual Insurance Company Issued to McMahon Contracting,L.P. DSA; Endorsement No. Premium$ /k/tvs .6� NCCI Carrier Code 29939 Authorized Representative WC4203048(ED.641-2014) This page has been left blank intcntianaily. k� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE I This endorsement modifies insurance provided tinder the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective; Policy Number. F13AO103371 Named Insured: McMahon Contracting,L.P. Countersignad by: (Authorized Representative) lhfith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance Is replaced by tate following: c. Regardless of the provisions of Para- graph a.above,this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncon- tributory basis. {kA 4174 11 05 This page has been left blank intentionally. w STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT w w w w w w w w w w r A w A w CRY OF FORT WORTH STANDARDCONSTRUCTiON SPECIFICATION DOCUMENTS Revision Fehnjmy2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology................................................ 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contact Time;Notice to Proceed................................................................7 .. 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference...................... 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............................................................................................................................1 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 CrIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision;Fexumy2,2016 ' 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 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 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 ■+ 8.02 Fumish 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 DOCUME M Revisian�F&njay2,2016 w w 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;Pians Quantity Measurement......................41 I1.0 1 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 w ................................ 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 r' 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 w 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......................................................... ....... 1.4.04 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 r Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA77ON DOC 4ENTS Revision:Febnumy 2,2016 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 w MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FdxLuy2,2016 907290-I GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with -� the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements---The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any,and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw--City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdmwy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order A document, which is prepared and approved by the City, which is signed dim 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 authofized 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. 15. 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. 24. 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. CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fol 2.2016 00 007200-1 GENERAL CONDITIONS Page 3 of 53 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;Fexumy 2,2016 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 I 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$25,004 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. CrrY OF FORT WORTH STANDARf]CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniffry2,2016 on n oo-I GENERAL CONDITIONS Page 5 of 63 do 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. F 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.Fdxuary2,2016 r 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 9:40 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 Dory—A working day is defined as a day,not including Saturdays, Sundays,or legal �. holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.8 through E are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. w B. Intent of Certain Terms or Adjectives: w CITY OF FORT WORTH STANDARDCONSTRUCTTON SPECIFICATION DOCUMENTS ReviS[Dn.Febusy2,2016 w w 007200-1 GENERAL CONDITIONS Page 7 of 63 ON 1. -Ibe 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: aft 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 "Perforin" 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 fumished 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:Fdxuay2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.43 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. 2.05 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 cast 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 wards and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted wards 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:Fly Z 2016 007200-I 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 ,r 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 CrrY OF FORT WORTH STANDARD CONSTRUCTTDN SPECIFICATION DOCUMENTS Revision:F&ua y2.2U I6 w 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: I. 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 ofDocuments 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 CONSTRICTION SPECIFICATION DOCUMENTS Revision Febnr 2,2016 40 007200-1 GENERAL CONDITIONS Page 1 I of 63 OR B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data fumished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the .. receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. •• B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. .ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 .Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. w CITY OF FORT WORTH SfANDAP,DcoN5rRucTION SPECIFICATION DOCUMENTS RCvislom Fly2,2016 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the .. accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, .. directors,members,partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences., and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3, any Contractor interpretation of or conclusion drawn from any "technical data" or any such Other data, interpretations, opinions,or information. w 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:Fly 2,2016 OR 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. Passible 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: w 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMFNTS Revision:Fdmoy2,2016 r 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. 1f 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:Febrm Z 2016 w 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 w 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 anyvne 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.Fdmimy2,2016 r DO 72 OD-1 GENERAL.CONDITIONS Page 15 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. w 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 STAKDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxmy2,2016 rw No 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City, 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in -� the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that _ required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the"occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,GOO.GO, 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:Fehuauy 2,2016 OD 72 OD-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 30 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❑OCIINIENTS Revision:Febnmry2,2016 r 00 72 00-I GENERAL CONDITIONS Page 14 OM 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. t 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 he no time credit for days not worked pursuant to this section. 5.05 Acceptance o,f'Bonds and Insurance; Option to Replace Ism 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 r. coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES oft 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 DOCUIENTS Revision:Febniary2,2016 w 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 w electronic communication)to perform Work: I. 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. Cmr OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fabnraty2,2016 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2,07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance(to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result _ in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and"Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents ... by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if- a. fa. the City determines that: l} it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmmy2,2016 w 007200-I GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results �- imposed by the design concept of the completed Project as a functioning whole;and 3) it has a proven record of performance and availability of responsive service;and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time;and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Suhstitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall ., comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: M a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; .. b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F&awy ,2016 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty;and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance, repair,and replacement services;and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sale judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee,warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (incl uding attorneys fees) arising out of the use of substituted materials or equipment E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnffiy2,2016 007200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others s A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement,against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or _ perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.46.Q. C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises {MBE} in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City,provide complete and accurate information regarding -■ actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MSE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contrasts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2616 w 007200-1 GENERAL.CONDITIONS Page 25 of 63 L shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. w F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor Or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. "~ B. Penalty for violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $64 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.423. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.423, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the _ difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination Of the violation. CrN OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revision:Fdxuary2,2015 007200-I GENERAL CONDITIONS Page 26 of 63 w D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.423, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq.,Revised Statutes) if the Contractor or Subcontractor and any — affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. dw E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates.The Contractor shall post,prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject ^" to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to ,pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of •� patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay2,20I6 w 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design,process,product or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. w City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The w following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits �* 4. Railroad Company Permits w C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. w 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages {including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CI'T'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuzy2,2016 w 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711;or 2. b_V://www.window.state.tx.us/taxinfQ/taxfortns/93-forms.htmi 6,12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1- Contractor shall confine construction equipment, the storage of materials and equipment,and the operations of workers to the Site and other areas permitted by Laws and Regulations,and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas �. resulting From the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of--way, or easement greater than is necessary for proper execution of the Work,the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional .� area of the Site. w CrIY Of FORT WORTH STANDARDCONSTRLICrION SPECIFICATION DOCUMENTS Revision!Febnmry2,2016 w 007204-1 GENERAL CONDITIONS Page 29 of 63 w+ 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work,Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or —• action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work. During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action,plus 25 % of _ such costs,shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work rt or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders,Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. •- Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. •• 6.14 Safety and Protection r A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fy2,2016 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who maybe affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;and 4 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property,or to the protection of persons or property from damage, injury, or loss; and shalt erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation,and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs,if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable,shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies andlor Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant w CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febu"2,2016 w w 007200-1 GENERAL CONDITIONS Page 31 of 63 w changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is w required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. ON The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, •• within 24 hours,the City may take such remedial action with City forces or by contract.The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. w 5.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals(as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, -- their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. w 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, w the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. w rr CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision•.Febntay2,2016 w 007200-1 GENERAL CONDITIONS Page 32 o£63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract _ Documents)or to safety precautions or programs incident thereto.The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided,Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in -� writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification,or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is ,. responsible;or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 w 007100-! GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test,or approval by others;or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13.The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDENN113CAIION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE_EVEN IF IT IS ALLEGED OR PROVEN THAT ALL _ QH SON SOF THE DAMAGES BEING SOUGHT_ CAUSED. IN YVI-IOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. 13. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to he performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmry2,2016 oonao-I GENERAL CONDITIONS Page 34 of 63 w SPECIEI!LALL Y INTENDED TO 0UHaE AND JJE EFFECTIVE EVEN IF IT AUEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOLCHT WERE CAUSED. IN MIME OR 0 EART. UX AM ACT. OPMSSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, .. techniques,sequences and procedures. B. If professional design services or certifications by a design professional related to systems, _ materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a property licensed professional, whose w signature and seal shall appear on all drawings, calculations, specifications, certifications, and. Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when w submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy, D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly w pertinent books,documents, papers,and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space •• in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision.Fehnay2,2016 007200-I GENERAL CONDITIONS Page 35 of 53 _ Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall gine Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national _ origin. B. Title Y1, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of _ the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7---OTHER WORK AT THE SITE 7.01 Related Work at Site _ A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work;and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. w CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 007200-1 GENERAL CONDITIONS Page 3,6 of 53 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2, the specific matters to be covered by such authority and responsibility will be itemized;and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES +� 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications .. to Contractor. 8.02 Furnish Data w City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements;Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface MR structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORM STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdywry2,2016 ■r 00 7200-1 GENERAL CONDITIONS Page 37 of 63 8.47 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws �* and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's Failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.46. 8.49 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.41 City's Project Manager .. City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Mary Hanna, or his/her successor pursuant to written notification from the Director of Transportation and Public Works. 9.02 visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.47. .. MY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Februmy2,2016 007200-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work w City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by _ the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed,or completed. 9.05 Determinations far Work Per Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before ~' rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). w 9.06 Decisions on Requirements of Contract Documents and acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the *• acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety,City may,at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARDCONSPRUCTION SPECIFICATION DOCUMENTS Revisiow Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an -* emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work,or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to -- Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. f C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that w, time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Not cation to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehnmy2,2016 007200-i GENERAL CONDITIONS Page 40 of 63 .r 10.06 Contract Claims Process dft A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a .. condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B_ Notice; 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim,with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto(unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 34 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 34 days after receipt of the last submittal of the Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim;or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim;,such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy Z 2016 am 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not �+ submitted in accordance with this Paragraph 10.06. ARTICLE I1—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Fork A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.5, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: I. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such " employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent an the Work_ Payroll casts shall include; a. salaries with a 55%markup,or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours,or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Iebnay2,2016 007200-1 GENERAL CONDITIDN5 Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City,who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.0 1. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors,attorneys,and accountants)employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. .. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.i* 1, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them Or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities,fuel,and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Felamy2,2016 w OD 72 00-I GENERAL CONDITIONS Page 43 of 63 h. The costs Of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Casts Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerics, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. r 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. S. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to .. Paragraphs 11 Al.A and 11.41.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances w A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CHY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febwwy2,2015 r w 007200-1 GENERAL CONDITH)NS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance_ Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. a D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if. 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision.Febm"2,20 iG [107200-1 GENERAL CONDITIONS Page 45 of 63 w 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: w a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may w request an adjustment to the unit price on the portion of the work that is above 125%. fi. 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. w 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material .. moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under"Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an w, adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item,except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. w D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdmuwy2,2016 007200-1 GENERAL CONDITIONS Page 46 of 53 E. For callout work or non-site specific Contracts,the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2),and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.5.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.41) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.0). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.01.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5,the Contractor's fee shall be •r five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a .. fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CrfYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 aonoD-I GENERAL CONDITIONS Page 47 of 43 w tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent(5%)of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.b, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City,acts or neglect of utility owners or other contractors performing other work as •- contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages(including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCnON SPECIFICATION DOCUMENTS Revision:Feb"gZ2015 007200-1 GENERA!CONDITIONS Page 48 of 63 dw ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected,corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will .. have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work;or acceptance of materials,mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab"} to perform any inspections or tests ("Testing"} for any part of the Work, as determined solely by *, City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative M result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdx ayZ2016 DO 72Qa-I GENERAL CONDITIONS Page 44 of 63 w 3. Any amounts owed for any retest under this Section 13.43 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. .. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall he at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. S. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor,at City's request,shall uncover,expose,or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, �- furnishing all necessary labor,material,and equipment. L If it is Found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,and damages(including but not limited to all fees and charges of engineers,architects, attomeys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all �. costs associated with exposing,observing,and testing the defective Work.. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering,exposure,observation,inspection,testing,replacement,and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnzry2,20I6 DD 72 06-I GENERAL CONDITIONS Page 50 of 63 Subcontractor,any Supplier,any other individual or entity,or any surety for,or employee or agent of �- any of them. 13.05 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.05 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any,on said Work. 13.07 Correction Period w A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas;or 2. correct such defective Work;or .� 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRllCnON SPECIFICATION DOCUMENTS Revision:Fabnay 2,2a 16 OD 7200-I GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. .. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. f 13.08 Acceptance of Defective Work t 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:Febnnry2,2016 007200-1 GENERAL CONDITIONS Page 52 of63 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 NNW 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. i 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 On 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 w 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 SPECIFICA r ION DOCUMENTS Revision:Fdxtwy Z 2016 007200-1 GENERAL CONDITIONS Page 53 of 63 ME 13. Review of Applications: on 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 +0 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; F 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 CM OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxumy2,2016 007200-I GENERAL CONDITIONS Page 54 of 53 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 $400,044 at the time of execution, retainage shall be ten percent w 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5 0/6). 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: w 1. City may refuse to make payment of the amount requested because: •. a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended;or r„ c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.S.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:FdxumyZ 2016 on 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: I. 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. .. S. 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. w CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febazy2,2016 w 007200-1 GENERAL CONDITIONS Page 56 of 63 w 14.07 Final Payment w A. ApplicationforPayment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment fallowing the procedure for progress payments in accordance with the Contract Documents. sib 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled;and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City)of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any ^' guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fe6nay2,2016 r� 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before ■- the release,all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERNUNATION 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 STANI]ARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxwy2,2015 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 #20024-12-2011 established under w Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written _ notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its w CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fcbn�y2,2016 A 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 15.02.5, 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. I3. 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:Felmary 2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.43 City May Terminate For Convenience w 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 34 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:Febnmy 2,2016 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 famishing 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 w 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:Fdmimy2,20I6 007200-I GENERAL CONDITIONS Page 62 of 63 w 1, elects in writing to invoke any other dispute resolution process provided for in the w 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: L 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. w CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FdxLuy 2,2016 0O72OD-I GENERAL CONDITIONS Page 63 of 63 17.44 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 Fefnmry2,2016 007300-1 SUPPLEMENTARY CONDITIONS Page i of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 7 Supplementary Conditions 8 9 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 10 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 11 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 12 of the General Conditions which are not so modified or supplemented remain in full force and effect. 13 14 Defined Terms 15 16 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 17 meaning assigned to them in the General Conditions,unless specifically noted herein. 18 19 Modifications and Supplements 20 21 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 22 other Contract Documents. 23 24 SC-3.03B.2,"Resolving Discrepancies" 25 26 Plans govern over Specifications. 27 28 SC-4.01A 29 30 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 31 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 32 Contract Drawings. 33 34 SC4.01A.1.,"Availability of Lands" 35 36 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 37 January 25,2018: 38 39 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DA'Z'E NUMBER OF POSSESSION None. 40 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, •� 41 and do not bind the City. 42 43 If Contractor considers the final easements provided to differ materially from the representations on the 44 Contract Drawings,Contractor shall within five (5) Business Days and before proceeding with the Work, 45 notify City in writing associated with the differing easement line locations. 46 47 SC-4.01A.2,"Availability of Lands" CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 F 2 Utilities or obstructions to be removed,adjusted,and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 5 as of January 25,2018: 6 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 7 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 8 and do not bind the City. 9 10 SC4.02A.,"Subsurface and Physical Conditions" 11 12 The fallowing are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 A Geotechnical Engineering Report No.07-1194,dated June 2009,prepared by STL Engineers,a sub- 15 consultant o£HNTB Corporation,a consultant of the City,providing additional information on 16 geotechnical investigation. 17 18 The following are drawings of physical conditions in or relating to existing surface and subsurface 19 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 20 None. 21 22 SC4.06A.,"Hazardous Environmental Conditions at Site" 23 24 The following are reports and drawings of existing hazardous environmental conditions known to the City: 25 None. 26 27 SC-S.03A.,"Certificates of Insurance" 28 29 The entities listed below are"additional insureds as their interest may appear"including their respective 30 officers,directors,agents and employees, 31 32 (1) City 33 (2) Consultant: HNTB Corporation 34 (3) Other: None. 35 36 SC-S.04A.,"Contractor's lnsurance" .+ 37 38 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 39 coverages for not less than the following amounts or greater where required by laws and regulations: r, 40 41 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 42 43 Statutory limits �* 44 Employer's liability 45 $100,000 each accident/occurrence 46 $100,000 Disease-each employee 47 $500,000 Disease-policy limit 48 49 SC-5.04B.,"Contractor's Insurance" CITY OF FORT WORTH Live Oak Cormector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 _ 1 2 5.04B.Commercial General Liability,under Paragraph GC-5,04B.Contractor's Liability Insurance 3 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 4 minimum limits of: .. 5 6 $1,000,000 each occurrence 7 $2,000,000 aggregate limit 8 s 9 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 10 General Aggregate Limits apply separately to each job site. 11 _ 12 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 13 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 14 15 SC 5.04C.,"Contractor's Insurance" 16 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 17 Paragraph GC-5.040.,which shall be in an amount not less than the following amounts: 18 19 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 20 defined as autos owned,hired and non-owned. 21 22 $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at w 23 least: 24 25 $250,000 Bodily Injury per person 1 26 $500,000 Bodily Injury per accident 1 27 $100,000 Property Damage 28 29 SC-5.04D„"Contractor's Insurance" 30 31 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 32 material deliveries to cross railroad properties and tracks owned and operated by Union Pacific Railroad. 33 w 34 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 35 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 36 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 37 Entry Agreement"with the particular railroad company or companies involved,and to this end the 38 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 39 the right-of-entry(if any)required by a railroad company.'Me requirements specified herein likewise relate 40 to the Contractor's use ofprivate and/or construction access roads crossing said railroad company's 41 properties. 42 43 The Contractual Liability coverage required by Paragraph 5.04❑of the General Conditions shall provide 44 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the „ 45 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 46 occupy,or touch railroad property: 47 48 (1) General Aggregate: $Confirm Limits with Railroad 49 50 (2) Each Occurrence: $0 nfirm Limits with Railroad 51 52 X Required for this Contract _Not required for this Contract 53 (Note:TEX Rail by the Fort Worth Transportation Authority is under construction and may be in 54 operation during construction. Union Pacific Railroad within area but all contractor work is outside its 55 right of way.) CffY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 007300-4 SUPPLEMENTARY CONDITIONS # Page 4 of 6 1 ,w 2 With respect to the above outlined insurance requirements,the following shall govern: 3 4 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 5 the name of the railroad company. However, if more than one grade separation or at-grade 6 crossing is affected by the Project at entirely separate locations on the line or lines of the same 7 railroad company,separate coverage may be required,each in the amount stated above. 8 9 2. Where more than one railroad company is operating on the same right-of-way or where several 10 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 11 may be required to provide separate insurance policies in the name of each railroad company. 12 13 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 14 railroad company's right-of-way at a location entirely separate from the grade separation or at- 15 grade crossing,insurance coverage for this work must be included in the policy covering the grade 16 separation. 17 18 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 19 way,all such other work may be covered in a single policy for that railroad,even though the work 20 may be at two or more separate locations. 21 22 No work or activities on a railroad company's property to be performed by the Contractor shall be 23 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 24 for each railroad company named,as required above. All such insurance must be approved by the City and 25 each affected Railroad Company prior to the Contractor's beginning work. 26 27 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 28 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 29 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 30 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 31 railroad company operating over tracks involved in the Project. 32 33 SC-6.04.,"Project Schedule" 34 35 Project schedule shall he tier 3 for the project. 36 37 SC-6.07„"Wage Rates" 38 39 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 40 Appendixes: 41 Davis-Bacon Act prevailing wage rates 42 43 SC-6.09.,"Permits and Utilities" 44 45 SC-6.09A.,"Contractor obtained permits and licenses" 46 The fallowing are known permits and/or licenses required by the Contract to be acquired by the Contractor: 47 City of Fort Worth Street Use Permit 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:None. 51 52 SC-6.09C."Outstanding permits and licenses" 53 54 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of January 25, 55 2018: CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 w 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 _ 1 2 Outstanding Permits and/or Licenses to Be Acquired OWNER PERNIIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 3 4 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 5 6 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 7 (hereinafter referred to as the"Contractor")agrees as follows: 8 9 1. Compliance with Regulations:The Contractor shall comply with the Regulation relative to t4 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, I I "DOT')Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, 12 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 13 of this contract. 14 15 2. Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall �.. 16 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 17 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not 18 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 19 Regulations,including employment practices when the contract covers a program set forth in 20 Appendix B of the Regulations. 21 22 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all 23 solicitations either by competitive bidding or negotiation made by the contractor for work to be 24 performed under a subcontract,including procurements of materials or leases of equipment,each 25 potential subcontactor or supplier shall be notified by the Contractor of the Contractoes obligations 26 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or .. 27 national origin. 28 29 4. Information and Reports:The Contractor shall provide all information and reports required by the 30 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 31 accounts,other sources of information and its facilities as may be determined by City or the Texas 32 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders 33 and instructions.Where any information required of a contractor is in the exclusive possession of .. 34 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 35 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 36 obtain the information, 37 38 5. Sanctions for Noncompliance:In the event of the Contractor's noncompliance with the 39 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 40 Texas Department of Transportation may determine to be appropriate,including,but not limited to: 41 42 a. withholding of payments to the Contractor under the Contract until the Contractor 43 complies,and/or 44 b. cancellation,termination or suspension of the Contract,in whole or in part. 45 46 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through 47 (6)in every subcontract,including procurements of materials and Imes of equipment,unless exempt 48 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 49 respect to any subcontract or procurement as City or the Texas Department of Transportation may 50 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 51 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a s CTrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 007300-6 SUPPLEMENTARY CONDITIONS w Pap 6of6 1 subcontractor or supplieT as a result of such direction,the contractor may request City to enter into 2 such litigation to protect the interests of City,and,in addition,the contractor may request the United 3 States to enter into such litigation to protect the interests of the United States. 4 5 Additional Title VI requirements can be found in the Appendix. 5 7 SC-7.02.,"Coordination" 8 9 The individuals or entities listed below have contracts with the City for the performance of other work at 10 the Site: 11 Vendor Scope of Work Coordination Authority None. 12 13 14 SC-8.01,"Communications to Contractor" 15 None. 15 aw 17 SC-9.01.,"City's Project Manager" 18 19 The City's Project Manager for this Contract is Mary Hanna,or his/her successor pursuant to written 20 notification from the Director of Transportation and Public Works. 21 22 SC-13.03C.,"Tests and Inspections" 23 None. 24 25 SC-16.01C.1,"Methods and Procedures" 24 None. 27 _ 28 29 END OF SECTION +• CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised January 22,2016 DIVISION U1 - TxDOT REQUIREMENTS w r DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS _ PROJECT: FOR THE CONSTRU!LIION OF QUI El ZOIL IMPROVEMENTS CONSISTING OF INSTALLATION OF PAVEMENT, CURB, STORM SEWER. WATERLINE AND PAVEMENT MARKINGS HIGHWAY: VA COUNTY: TARRANT TXDOT CSJ: 0902-48-688 _ The following goal for disadvantaged business enterprises is established: w DBE 4% Certification of DBE Goal Attainment By signing the proposal,the Bidder certifies that the above DBE goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be w considered a breach of the requirements of the proposal. As a result,the bid proposal guarantee of the Bidder will be property of the City of Fort Worth and the Bidder will be excluded for rebidding on the project when it is re-advertised. w _ Buy America § 635.4 10 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 andiron materials,ifthe cost ofsuch 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) 5teei 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. (5)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, cast, 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, 19931 CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. State of Texas Child Support Business Ownership Form County: 1 Gr+re-" �- Project Name: Z ' v-e c4 x W-C; TxDOT CSJ: O�o Z ` Y9 - 69,9 L.G Project Number: po 5q3 Business Entity Submitting Bid_ /14`/mak Gtotl -- Section 231,OG6,Family Code,requires a bidfora 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 17/ 2. Please check the box below if no individual owns 25%or more of the business. ( ) No individual own 25%or more of the business. Except as provided by Section 231.302(d), Family Code,a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and Dto Title IV of the Federal Social Security Act(42 USC Section 601-617 and 651-699), Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract,bid,orapplication is not ineligible to receive the specified grant,loan,or payment and acknowledges that this contract may be terminated and payment may be with held if this certification is inaccurate. The information collected on this form will be maintained by Cly of Fort Worth.With few exceptions,you areentitled on request to be informed about the information collected about you.lander Sections 552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under Section 559.004 of the Government Code,you are also entitled to have information about you corrected that you believe is incorrect. Sig re Date Printed Name IFTHIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MIDST PROVIDE A COMPLETED FORM. Sample Bidder Certification By signing the proposal the bidder certifies: 1. the only persons or parties interested in this proposal are those named and the bidder has not directly or indirectly participated in collusion, entered into an agreement or otherwise taken any action in restraint of free competitive bidding in connection with the above captioned project. 2. in the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract. 3. the signatory represents and warrants that they are an authorized signatory for the organization for which the bid is submitted and they have full and complete I authority to submit this bid on behalf of their firm_ 1 4. that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record. J 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 Iife 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 034B-0046 See reverse for public burden disclosure. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a.contract Ela. bid/offer/application F a. initial filing b.grant b- initial award b. material change c.cooperative agreement c. post-award For Material Change .. d.loan Only: e. loan guarantee year f. loan insurance quart 4. '�Ine and Address&Reporting Entity: 5. If Reporting Entity in No. 4 is a 5ubawardee, Enter Prime Subawardee Name and Address of Prime: Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department[Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: y 8. Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, _ first name, MI): 11,lnfomebon rimed e1°"gh Ns farm is auttwrtzed by d10 31 U.S.C-section 1352. TNs Si nater d4sdosure of lobbying activities Is a rrotenal representation of fact g upon whidr reliance was placed by the ties above when this transaction was rnada or entered into. This ftc3osure m required pursuant to 31 11.S.C_ 1352. This eomiation *11 be I • amiable for pubkc wrWection.Any person who f"s to foe the required disdaeure shah be subject to a dW penatty of not less then$10,000 ane not more than;100,000 for each wch raiEure. Authorized for Local Reproduckion Federal Use Only: Authorized 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 subawardeeor prime Federal recipient,at the initiation or receipt of a covered Federal action,ora materiatchange to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbyi ng e ntity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the Initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2_ Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up 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 previa uslysubmitted 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 appro priate classificat ion 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 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if kncvm. 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 availabletor the Federal action identified in item 1 (e-g.,Request far Proposal(RFP)number; Invitation for Sid (IFB) number, grant announcement number;the contract, grant, or loan award number the applicationlproposaI control number assigned by the Federal agency).Include prefixes,e.g.,'RFP-DE-9x001." 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 awardlloan 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 fu El names of the individuals)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 Pa pe rwork Reducti on Act.as amended,n persons are required to respond to a collection of information unless it displays a valid CMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. Non-Collusion Affidavit and Debarment Certification PROJECT:LIVE OAK CONNECTOR—FOR THE CONSTRUCTION OF QUIET TONE IMPROVEMENTS CONSISTING OF INSTALLATION OF PAVEMENT,CURB,STORM SEWER,WATERLINE AND SANITARY SEWER IMPROVEMENTS,SIGNING,AND PAVEMENT MARKINGS HIGHWAY: VA COUNTY:TARRANT TXDOT CSJ.090248-688 INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME OR FOR A CORPERATION The bidder being duly sworn,solemnly swears(or aflin-tis)that neither he,nor any official,agent or employee has entered into any agreement,participated in any collusion,or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract,and that the bidder intends to do the work with his own bonafide employees or subcontractors and will not bid for the benefit of another contractor. By submitting this non-collusion affidavit,the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached,provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. SIGNATURE OF BIDDER Name of Bidder: S�,4 W In /4-4 A V7 Print or type individual name Trading and doing business as A` A e,t oti d'�► ���+z `'Kj L Print or type firm name Address r' Witness Si of Bidder,Individually fh f f ISI r� �Ii}GVh/ /4 Print or type witness'name Print or type signer's name If a Corporation affix Corporate Seal AFFIDAVIT MUST BE NOTARIZED NOTARYSEAL Subscribed and sworn to before me this the JL,ly OF 2(P day of 20jk_. "r P JAZMINE CAUILLO i f Not4yPJblic lis a Notary Public State of Texas 4rEOF,``}! My Corrrti.Expires 04-2$-2619 CERTIFICATE OF INSURANCE [Rel 07!171 Prw4,A ass' p ors W1 M"nor W wb floc Pop 1*12 Aaenttr snoUid[OmPlate Me tom"prpvldirp ail requested Inrormatcn chem Wer fax Or Mil pry ho M drolly e7 ogle eddreel irslad Orr peg*We of IMI form.Co¢+e V andorsamentl lilted tiviow aft rat req Viral as anaehrwnts to thq civu%At*. T>tie CenrflGle y IsWb to a manor of in brRYtlp1 on Yf ar+d Gonfera na ngrn upon pie e.*nlfl[Jd npIdar Thil CerifluSe roses not coater my+qnq 01 OWgalrOne ower Ihan 17+e FV Is OM Ok"lw$vor+veyed by the pokws'aWoftoed on oris canksto The Wr 4 of ole P011C*6 rahrenrted In Lhy 081tIM1cate 90nm ewr one term{011+7{certmcow. insured: McMahon Contracting, LP 5treeUbAatlin9 Address. 3019 Roy Orr Blvd City/slate/Zip; Grand Prairie,TX 75050 3086 Phone Number tr ret t 972 f 263 - 8907 23 2N WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation In favor of Tx0OT. Carrier Name; Texas Mutual Insurance Company Carrier Phone S. [ 800 J .859 _ - 5995 Addrese: 6240 E Highway 290 Clty,Stlt@,Zip; Austin TX Type of I nsursnce Poll Nurntp M workara'Cornpaneation 00012289959130/2018 9/3012019 Not Less Than: Statutory-Texas COMMERCIAL GENERAL UABILITY INSURANCE: Carrier!Name: Cincinnati Insurance Company Carrier Phoma 0: [ 214 ) 548 - 4592 Addrsos: P 0 Box 145496 City.State Zi : Cincinnati OH 45250 5.496 Type of Insurance: Policy Number. Effective Date: Expiration Oats: Urnfba of Liability: Comrnercisi General 9130/2018 Not Lou Theft: Llabllity Insurance EPP0103371 9130/2019 S e00,000 cod oecunencs BUSINESS AUTOMOBILE POLICY: r Carrier Name: Cincinnati Insurance CflmpanyPhone#V 214 548 - 4592 Address: P❑Box 145496 Cl State ZIP: in6nI,atr T pe of Incurs a: Policy Number: Effecttve Rab: E ratlon Date: L1mft of111-lablIfty- Buskwss Automobile Poky 9/3012018 9/30/2019 Not Less Tuan: EBA0103371 s sKOW combined wtgIs srnt UMBRELLA POLICY(if spphcabley: Carrier Name: Travelers Insurance Company Carrier Phone P: ( 214 ) 570 - 6179 Address: 1301 E Collins Blvd City,Stab,ZIP: Richardson,TX 75081 T of Irusurencc: Policy Number. Ef ettve Data: I F-x irstlon Date: I Comite of Liataii Umbrella Pone ZUP1155674018NF 09/30/2018 09/30/2019 $10,000.000 Should ary or pts abow deerritted policies M canorred before rA expiration date trtereof,notice win be dearered in accordance with the Doody Itrortsidns. THIS IS TO CERTIFY to"Texas Department of Trartspdrlativn acVq on behalf of the State of Taxes that the FnwranCa palklee named are In full force and■Hod, ff 6r 4 lbrm fa sent by facarmde machine flax). u*sender addpis tyle Uoctrnwf recieima by TkDOTas a duDticate orlQ"and adapts tins signature producad by fine rscandry fax mschv a as the serWoes&$maf sipnarure. r Agency Name Address City,State, Zip Code Marsh Wortham 1&00 West Seventh Street Suite 300 Fort Worth,TX 76102 i 817 ) 338 • 3030 8126/2018 Authorized Agent's Phone Number Author zed Agant Original 319nabare Date The Texas Departrnenl of Transportation malMalns lite rnilormatfon cotlectod through this form. Wltn few exceptions.you are entitled on rogues,to be in tonned about tha informatloo that we=IWet about you.Under§§552.021 and 552.1)23 of the Texas Govemrrlent Code,you also ars entitled to receive and review Iha inForm shon under§559.004 of the 0ovamment Code.you are also anodal to haw us correct informal ion about you that la incorrect Fax completed form to. 5121416-2538 Fum 13!10 • IRnr fl71171 Ps/2M2 NOTES TO AGENTS: Agents must provide all requested information then either fax or mail tris form directly to the address listed below, Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be In force in order to perform any work. Slndar numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect Do not refer to specific projecWcontracts on this form. List the contractors legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured and show the contrsctodelient company in parenthesis. The TxDOT certificate of insurance form is the onty acceptable proof of insurance for department contracts. List the contractors legal company name,including the DBA(doing business as)name as the insured or list both the contractor and staff iea sing service as insured when a staff leasing service is providing insurance. Over-stamping andlor over-typing entries on the certificate of insurance are not acceptable If such entries ctnange the provisions of the certificate in any mannan. This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS'COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXOOT. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS'COMPENSATION INSURANCE: The contractor is required to have Workers'Compensation Insurance if the contractor has any employees'including relatives. The word STATUTORY,under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers'Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers'Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE. MANUFACTURERS'or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or ComrnerclaI General Liability Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately,they must be at least these amounts: Bodily Injury $500,000 each occurrence $100,000 each occurrence Property Damage $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. MAIL ALL CERTIFICATES TO: 4:;y���`,";r; +t■ t• •� , y►�.•: Texas Department of Transportation r CST--Contract Processing Unit(RA=0-1st Fl.) -�- 125 E. 11th Street Austin,TX 78701-2483 2A 5121418.2540(Voice), 5121418-2538(Fax) CERTIFICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK By signing this proposal,the bidding firm and the signer certify that the following information,as indicated by checking"Yes"or"No"below, is true,accurate,and complete. A. Quotation(s)have been issued in this firm's name to other firm(s)interested in this work for consideration for performing a portion of this work. YES +� NO " B. If this proposal is the low bid,the bidder agrees to provide the following information prior to award of the contract. 1. Identity firms which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identity 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$10,000 or more) Applicable "Wage Determination Decision" Also, by signing this proposal the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provisions. General Decision Number:TX180035 411051201$ TX35 Superseded General Decision Number: TX20170035 '+ State:Texas Construction Type: Highway Counties: Archer,Callahan,Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt,Johnson,Jones,Kauftnan,Parker, Rockwall,Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROTECTS (excluding tunnels,building structures in rest area projects&railroad construction; bascule,suspension&spandrel arch bridges designed for commercial navigation,bridges involving marine construction; and other major bridges). Note: Under Executive Order(EO) 13658,an hourly minimum wage of$10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1,2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections ender the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER(Paving and Structures)......................$ 14.12 ELECTRICIAN......................$ 19.80 FORM BUILDERIFORM SETTER Paving&Curb...............$ 13.16 Flc:///ausw001public/ForJoshfix35.txt[1/31/2018 10.26.54 AM] - Structures..................$ 13.84 - LABORER Asphalt Raker...............$ 12.69 Flagger.....................$ 10.06 Laborer,Common.............$ 10.72 Laborer,Utility............$ 12.32 Pipeiayer...................$ 13.24 Work Zone Barricade Servicer....................$ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 15.32 Asphalt Paving Machine......$ 13.99 w Broom or Sweeper............$ 11.74 Concrete Pavement Finishing Machine...........$ 16.05 Concrete Saw................$ 14.48 ` Crane Operator,Lattice Boom 80 Tons or Less........$ 17.27 Crane Operator, Lattice Boom over 80 Tons...........$ 20.52 Crane, Hydraulic 80 Tons or Less.....................$ 18.12 *' Crawler Tractor.............$ 14.07 Excavator, 50,000 pounds or less.....................$ 17.19 Excavator, over 50,000 pounds......................$ 16.99 Foundation Drill,Truck Mounted.....................$21.07 Foundation Drill, Crawler Mounted.....................$ 17.99 Front End Loader 3 CY or Less........................$ 13.69 Front End Loader,over 3 CY.$ 14.72 - Loader/Backhoe..............$ 15.18 Mechanic....................$ 17.68 Milling Machine.............$ 14.32 - Motor Grader, Fine Grade....$ 17.19 Motor Grader, Rough.........$ 16.02 Pavement Marking Machine....$ 13.63 Reclaimer/Pulverizer........$ 11.01 Roller,Asphalt.............$ 13.08 Roller, Other...............$ 11.51 Scraper..................... 12.96 Small Slipform Machine......$ 15.96 Spreader Box................$ 14.73 Servicer.........................$ 14.58 Steel Worker(Reinforcing).......$ 16.18 - TRUCK DRIVER - file:///auswOO/public/ForJosh/tx35.txt[1131/2018 10:26:54 AM) Lowboy-Float................$ 16.24 Off Road Hauler.............$ 12.25 Single Axle.................$ 12.31 Single or Tandem Axle Dump ,. Truck.......................$ 12.52 Tandem Axle Tractor with Semi Trailer................$ 12.86 Transit-Mix.................$ 14.14 WELDER...........................$ 14.84 ---------------------------------------------------------------- WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. ~' Note:Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded(and any solicitation was issued)on or after January 1, 2417. If this contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their W&illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care;or for reasons resulting from,or to assist a family member(or person who is like family to the employee)who is a victim of,domestic violence,sexual assault,or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a)(1)(ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification du and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate(weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers R file:///ausw001public/ForJosh/tx35.txt[1/31/2018 14:26.54 ANS] A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG"denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 0710112014.PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers.0198 indicates the local union number or district council number where applicable, i.e.,Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement{CSA}governing this classification and rate. Survey Rate Identifiers Classifications listed under the"SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average •• rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates.Example: SULA2012-007 511312014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana.2012 is the year of survey on which these classifications and rates are based. The next number,007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014.UAVG indicates that the rate is a weighted union average rate.OH indicates the state. The next number,0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CSA rate of the union locals from which the rate is ftle:///ausw00/public/ForJosh/tx35.tKt[1/31/2018 10:26:54 ASN] based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.)Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate)ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal .. process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 _ 2.) If the answer to the question in 1.) is yes,then an interested party (those affected by the action)can request review and reconsideration from the Wage and Hour Administrator aw (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.)If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: #ile:///auswOO/Publie/ForJosWtx35.txl[1/31/2018 10:26:54 AMI Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION w file:!l/ausw00/publie/ForJosh/tK35.txt[1/31/2018 10:26:54 AM) 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 on MR (excluding profit)and modify the contract in writing accordingly.The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make,in writing,at any time during the work,such changes in quantities and such alterations in the work as are necessary to satisfactorily ~ complete the project.Such changes in quantities and alterations shall not invalidate the contract nor release the surety,and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract,whether such alterations or changes are in themselves significant ' changes to the character of the work or by affecting other work cause such other work to become significantly different in character,an adjustment,excluding anticipated r 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 ,r 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 (8) 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. r (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 y 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 RS&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. FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROViSIONS FEDERAL-AID CONSTRUCTION CONTRACTS 1. General 3, A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for ill. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension!debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. Vl. Subletting or Assigning the Contract Vll. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, Vill, 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 Govemmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI, Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II, NONDISCRIMINATION A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 6(- 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 USO 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 206,230,and 633. Contracting agencies may reference Farm FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Farm 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 contractors 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 contractors 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,co€or, 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,andfor 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 Wil 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 Ali 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 pedodicaliy 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 W11 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 alk 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 effo.is 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 goad 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 ccntracto 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 FHVVA. 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 andfor 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 wilt 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 11248,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 r 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 1 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 111.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 ski 11,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 al the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employees payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each ciassification 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 w 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-ald 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. Contracting agencies may elect to apply these requirements to wage benefits,hears a reasonable relationship . the 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,*11 be paid unconditionally and not less representative,wile approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 34 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 far 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 1.6.(3)of this section,shall be paid to all workers performing costs anticipated c the actual cast 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.It 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 pian or program,Provided,That the Secretary of e.g. ,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number),The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http:lt www.dol.govJesalwhdJfonnslwh3471nstr.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 Flour 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 Field 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 (ij 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)(il)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5,5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate:either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages eamed,other than of wages paid(irid uding 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)(8)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated Into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a property executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH--347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approvai of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable — FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12, approval,evidenced by formal certificatlon 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 particlpating in a tralning 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 de paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination far the classification of work actually performed. apprentice wage rate,who is not registered or otherwise a addition,any trainee fitted performing work gi the job site a — employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the classification of work actually performed,In addition,any wage deterrninativn fpr the work actually perforrned, 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 perfomied 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 contractors or subcontractors 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 GFR 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 1V. 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 tralnees 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. S.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 GFR 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 work[week. 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 a.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference In this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment 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 Ilquidated 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 Goverment contracts by virtue of section 3{a}of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 512(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 Govemment 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 subcontracts.The prime contractor shall be responsible for U.S.Criminal Code, 18 U.S.C.1001. 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 awn self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T In 1 s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws goveming 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 awned 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 lovver 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 perfonnance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3764), exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 GFR 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,ablidies,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. Vlll.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and t0 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 fumish(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 r„r requirements,and is in charge of all construction operations with the project perfonn the I r f un ction s as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. VVIIful falsification,distortion,or awn 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 'F 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 fumish 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 1 mmedIate wrltten 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 Federai-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 A]R 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,wilt 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 506 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 inc`ude 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 Feceral-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(httys://www.epis.go ,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 ten-ns"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 184 and 1240. 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,orvo€untarIly 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$25,400 threshold. paragraph(a)(2)of this certification;and rt g.A participant in a covered transaction may rely upon a (4) Flave not within a three-year period preceding this certification of a prospective participant in a lower tier covered appilcation1proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httos:/M-& .e.epls.govll,which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FFIWA approval or estimated to Cost$25,000 or more-2 CFR Parts 180 and In.Nothing contained in the foregoing shall be construed to 1244) 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 knoWngly 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, Ineiigtbility and Voluntary Exclusion-•Lower Tier Participants- 1, articipants: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.CERT1FICATiON REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that! a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT ANQ MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for worts HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall glve preference to qualified persons who regularly reside in the labor area as designated by the DOL _ wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. —' c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident _ persons employed under thls subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in _ each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. — 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. w 12 LU : LU � & � ) - - § k § g ) ( � ¥ F- � (: U. \ o ) - - - - I z !° t,� b FA2 / , ! E / j § � B } w ! R (¥� - z § Lu 7 § LU (�IL� ' \ § » � \ ) § e : Q , § ) 4 § - 7 ° )} § - - - § z ° ] § / z m § )�. ® • g - 2 § Q � 2§@ - . \ m o�� ° a ; § ) F 2§ZLLJ m k k _ c / § / § b, E § \ } /( « : k � ! ' 7 § § ❑ 5 § |`§ \ Ul z { \ )�\ } � � ( � / \ k / k( _ � o ! } }k C) )§ , ■ b LLa ! k 0 , o0 0 0 � = 0 0 0 0 = Q Q = moo = uj � } ] 0 ) § F / LU Fe G m \ \ � ® k ® � � 2 ® �\ \ �N) \ | LU LO) ` ' dU ) � k � , � � ! » el � m ) 2 } } q � � l ; � Lam ) ) , - ; § J cm3 ; = » � , = o , � owz2@5ILU. Lu L)0 LU § R » § | E Project Number: STP 2007(897)MM Sheet A .� County: Tarrant Control: 0902-48-688 Highway: VA Basis of Estimate ***************** Item Description Rate Unit ., 168 Vegetative Watering 169,400 gal./acre 1,000 gal. 260 Lime(Hydrated, Commercial Or Quicklime)(Slry) 150 lb./cu.yd. ton 310 Asph Mat'l(MC-30 or EC-30) 0.2 gal./sq.yd.* gal. (Subgrade)(Priming) 340 Hot Mix(All Types) 115 lb./(sq. yd.-in.) ton * Based On 50%Asphalt Residue. 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.t Kdot.goy/inside-txdot/form s-publ i cat ions/consul tants-wntrar-tors/forms/s ite- manager.html under the"Site Manager Farms"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. General Notes Sheet A Project Number: STP 2007(897) MM Sheet B County: Tarrant Control: 0902-48-688 Highway: VA .. The following Holiday/Event lane closure restriction requirements apply to this project: No work that restricts or interferes with traffic shall be allowed between 3 PM on the day preceding a Holiday or Event and 9 AM on the day after the Holiday or Event. Holiday Lane Closure Restrictions New Year's Eve and New Year's Day 3 PM December 30 through 9 AM January 2 .■ December 31 through Januar 1 Easter Holiday Weekend (Friday through 3PM Thursday through 9 AM Monday Sunda Memorial Day Weekend (Friday through 3 PM Thursday through 9 AM Tuesday Monday) Independence Day(July 3 through July 5) 3 PM July 2 through 9 AM July 6 Labor Day Weekend (Friday through 3 PM Thursday through 9 AM Tuesday Monday) Thanksgiving Holiday(Wednesday through 3 PM Tuesday through 9 AM Monday Sunday) Christmas Holiday(December 23 through 3 PM December 22 through 9 AM December December 26) 27 Plan work schedules around the appropriate dates above to ensure productive work is performed without lane closures. Modifications to Lane Closure/Work Restrictions: Submit a request in writing for approval by the Engineer a minimum of 10 days in advance of implementing a change to lane closure restrictions. When deemed necessary,the Engineer will lengthen,shorten,or otherwise mortify lane closure restrictions as traffic conditions warrant. When deemed necessary,the Engineer will modify the list of major events when new events develop,existing events are rescheduled,or when warranted. Special Events/Special Situations will be handled on a case by case basis. No work restricting lane closures is allowed from 3 PM a day before to 9 AM the day after the Special Event or Special Situation. 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. General Notes Sheet B Project Number: STP 2007(897)MM Sheet C County;Tarrant Control: 0902-48-688 Highway: VA w Where necessary, the governing slopes indicated herein may be varied from the limits shown,to the extent approved. 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 he made directly but will he subsidiary to the various items of the contract. Locations shown for drainage structures refer to the control points of structures as follows: 1) Manholes, Inlets, and Junction Boxes—Locations are at the centroid of the structure; when two structure types are specified, location is at the centroid of the top structure. Bottom structure may be positioned as required to align with top structure, storm drain pipes and other adjacent structures. 2) Street Inlets—Locations are at the face of curb at a distance of L12 from the end of the .. inlet. 3) Headwalls--Locations are to the outside face of the headwall at the centerline of the pipe or box structure. For pipe headwalls with Type "P"or"C" safety end treatment, locations are on the centerline of the pipe structure at the limit of payment for pipe. Plugging of pipes or culverts will not be paid for directly, but will be subsidiary to the various bid items, unless otherwise shown on the plans. Provide temporary drain openings at all low points or other drainage structures, as required, at the Contractor's expense. Remove any obstructions to existing drainage due to the contractor's operations, as required, at the Contractor's expense. Install all required concrete riprap flumes immediately following the construction of ditches in which they are to be placed. In addition,apply all erosion control measures as shown on the pians or as directed, immediately following construction of channels to their required line, grade, and section. General Notes Sheet C Project Number: STP 2007 (897) MM Sheet D County: Tarrant Control: 0902-48-688 Highway: VA 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. w Item 5. Control of the Work When supplementary bridge plans,shop drawings,shop details,erection drawings, working drawings,forming plans, or other drawings are required, the drawings will be prepared and submitted on sheets 8-112 by l l inches, 17 by 22 inches,or full size drawings reduced to half scale if completely legible. If,in the opinion of the Engineer,the drawings are not completely legible,they will be prepared and submitted on sheets 22 by 34 inches,with a 1-112 inch left margin,and 112 inch top, right,and bottom margins. All sheets submitted will have a title in the lower right hand corner. The title must include the sheet index data shown on the lower right corner of the project plans,name of the structure or element or stream, sheet numbering for the shop drawings,name of the fabricator and the name of the Contractor. Prior to contract letting, bidders may obtain a free computer diskette or a computerized transfer of files(from the Engineer's office)that contains the earthwork information in ASCII format, plain text files. If copies of the actual cross-sections are requested, in addition to, or instead of the diskette,they will be available at the Engineers office for borrowing by copying companies for the purpose of making copies for the bidder,at the bidder's expense. Item 7. Legal Relations and Responsibilities The total area disturbed for this project is 2 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 I 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. No significant traffic generator events identified Item 8. Prosecution and Progress Working days will be computed and charged in accordance with Section 8.3.1.1, `Five-Day Workweek.' General Notes Sheet D Project Number: STP 2007(897)MM Sheet E County: Tarrant Control: 0902-48-688 Highway: VA Item 140. 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. .. 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." Item 110. Excavation Cross-sections for pay quantity determination of earthwork may be developed photogrammetri ca l l y. Review proposed waste sites to determine if any site is located in a"Base Floodplain"or "Floodway"as defined by the Federal Emergency Management Agency(FEMA). If waste material from this project is placed in a base floodplain as defined by FEMA,a permit _ will have to be obtained from the local community responsible for enforcing National Flood Insurance Program(NFIP) regulations. The Contractor is responsible for ensuring that the owner of the property receiving the waste has obtained the necessary permit. Item 132. Embankment Furnish test results per Test Procedures Tex-104, 105,and 106-E(PIs),Tex-113 or 114-E(M-D Curves),and Tex-145 and/or Tex-146-E(Sulfates) for each material sample provided by the Engineer. Perform field density tests(Tex-115-E, Part 1)at a frequency for each worked section to produce passing results prior to testing by the Engineer per Tex-115-E, Part I. Item 161. Compost Place approximately 4" of compost manufactured topsoil (CMT) on all cut and fill slopes(except drainage channels where flexible channel liners are indicated), at other locations shown on the plans,or as directed. Where"blended on-site" CMT is specified,produce the compost manufactured topsoil by incorporating V of compost with 3"of furnished topsoil as shown on the plans. Where"pre-blended"CMT is specified,amend suitable soil material,as directed,with 25% compost,by volume,to produce the compost manufactured topsoil. Place the compost manufactured topsoil in a loose layer approximately 4" thick,as shown on the plans. General Notes Sheet E Project Number: STP 2007(897)MM Sheet F County: Tarrant Control: 0902-48-688 Highway: VA Item 164. Seeding for Erosion Control Apply seeding required between December 1 and January 31 using seed types and mixtures as shown in Item 164.2.1, Table 3. If, in the opinion of the Engineer,this does not provide an effective vegetative cover,apply"straw or hay mulch"as specified in Article 164.3.2, "Straw or Hay Mulch Seeding" as soon as possible. After February 1 apply warm season seeding in order to establish a permanent protective vegetative cover. 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 112 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. 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" Augus".47" November-0.46" March-0.48" June-0.63" September-0.74" December-0.37" Item 264. Lime Treatment(Road-Mixed) Apply time by the"slurry placement" method. Allow the mixture to mellow for a minimum of 4 days after initial mixing. If moderate sulfates are present,or for other extenuating circumstances as determined by the Engineer,allow the mixture to mellow for 7 days after initial mixing. Use 6%lime for slurry. Item 341. Asphalt Antistripping Agent Furnish a liquid antistripping agent unless otherwise directed. �. Item 314. Prime Coat Provide an MC-30 or EC-30 for this Item. General Notes Sheet F Project Number: STP 2007 (897) MM Sheet G County: Tarrant Control: 0902-48-688 Highway: VA Item 344. Dense-Graded Hot-Mix Asphalt(Small Quantity) .. In Table 1,the Micro-Deval abrasion test is not required. RAP aggregate must meet the requirements of Table 1. Provide a PG 64-22 asphalt for the concrete underlayment course. Include the approved mix design number on each delivery ticket. Use a Material Transfer Device(MTD) unless otherwise directed. Ride quality is not required on this project. Use only the Superpave Gyratory Compactor(SGC)to design the mixture. Use the Boil Test,Test Procedure Tex-530-C,an dprovide only mixes that produce zero percent (0%) stripping for design verification and during production. Item 360. Concrete Pavement When using the Hardy Chair-Lok to support reinforcing steel,chair spacing may be increased to 1.67 sq. yd.per chair,placed in a diamond or square pattern. Do not exceed 60" longitudinal spacing. Include the approved mix design number on each delivery ticket. Item 361. Full Depth Repair of Concrete Pavement Include the approved mix design number on each delivery ticket. Item 464. Reinforced Concrete Pipe All bends and connections in pipe must be prefabricated. Item 502. Barricades,Signs, and Traffic Handling 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. General Notes Sheet G Project Number: STP 2007(897) MM Sheet H County: Tarrant Control: 0902-48-588 Highway: VA 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. 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 ■ Construction exits • 2"x4"wire(hog wire)weir 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. 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—Pavement Markings: pow Item 666. Reflectorized Pavement Markings with Retroreflective Requirements Collection of retroreflectivity readings using a mobile retroreflectometer is the preferred method. If retroreflectivity readings are collected using a portable or handheld unit,then measurement is _ defined as a collective average of at least 20 readings taken along a 200-foot test section. A minimum of three measurements will be required per mile of roadway. Measurements collected on a centerline stripe will be averaged separately for stripe in each direction of travel. A TxDOT inspector must witness the calibration and collection of all retro-reflectivity data. General Notes Sheet H w 6120 Special Specification 61 20 Dead End Roadway Barricade 1. DESCRIPTION Fumish and install dead end roadway barricades at the locations shown on the plans,in accordance with this specification,or as directed. 2. CONSTRUCTION Construct and install dead end roadway barricades as detailed on Traffic Operations Division Standard Sheet,"Delineator and Object Marker Placement Details"(D&OM),or as shown on the plans. Construct and install signs and chevrons,when shown on the plans,in accordance with Traffic Operations Division Standard Sheet,"Delineator and Object Marker Placement Details"(D&OM),or as shown on the plans. 3. MEASUREMENT This Item will be measured by the foot of dead end roadway barricade assembly complete in place. 4. PAYMENT The work performed and materials fumished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Dead End Roadway Barricade."This price is full compensation for furnishing materials including object markers;and for labor,tools,equipment,hauling and incidentals necessary to complete the work. Signs,sign supports,and chevrons,when shown on the plans,will be paid for under Item 644,"Small Roadside Sign Assemblies." w 1 -1 06-15 Statewide XXXX Special Specification XXXX raxas Curb Inlet Sediment Control Device` or rransparretlon 1. DESCRIPTION `-- --- Install, maintain, and remove sediment control devices placed at the openings of curb inlets. 2. MATERIALS Furnish Curb Inlet Guard' manufactured by ERTEC Environmental Systems, Alameda,CA or approved equal. If using approved equal,provide product sample and manufacturer's installation literature to Engineer for approval. Retrofitted sediment control fence, hail screen,or sand bags are not acceptable. 2.1 Size. Furnish curb inlet sediment control device designed,by the manufacturer,to fit the curb inlet opening. The device and its anchors may not extend more than 10 inches horizontally from face of curb towards travel lanes and must extend vertically to reach the top of the curb inlet throat. 2.2 Structure. Furnish curb inlet sediment control device made from UV stable materials that are resistant to performance deterioration from sunlight for a minimum of 3 years. The device must have a gasket material capable of forming a tight seal with the inlet throat to prevent storm water from under-flowing. 2.3 Sediment Filtering Capacity. Furnish curb inlet sediment control device equipped with filterfabnc meeting the following physical requirements and capable of removing soil particles from storm water at flow depth of 2 inches or greater. Table 1 Filter Fabric Ph sical Requirements Apparent Opening Size(AOS) 400 to 600 microns Percent Open Area(POAy >10% Flow Rate 130 gallon per 5F per minute with mean water or greater. 2.4 High-Flow Bypass. Furnish curb inlet sediment control device with a high-flow bypass flow mechanism capable of handling high storm water flows to prevent flooding of the travel lanes. 3. CONSTRUCTION 3.1 Installation. Install curb inlet sediment control devices in accordance to manufacturer's installation instructions at locations shown in the plans or as directed. 3.2 Maintenance. Perform maintenance as required by removing accumulated sediment and debris in accordance to manufactures instructions or as directed. Inspect following rainfall events and at least daily during prolonged rainfall events. 3.3 Removal. Remove as directed. 4. MEASUREMENT This Item will be measured by the foot of curb inlet to be protected. Page 1 of 2 XXXX 5. PAVEMENT The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement'will be paid for at the unit bid price for'Cut Inlet Sediment Control device(Install)." After removal,all sections of the product that are deemed reusable by the Engineer may be reinstalled at new locations and payment 411 be made at the unit bid price for"Curb Inlet Sediment Control Device(Re- _ use)." These prices are fu 11 compensation for materials,installation,re-installation,maintenance,removal and disposal,equipment,labor,tools,and incidentals. All repair and replacement of devices damaged by Contractor operations Wil not be paid for directly but are subsidiary to this Item. Page 2 of 2 x)o[x Special Specification XXXX Water Line Replacement 1. DESCRIPTION Furnish,install,or replace water pipe,water valves,water meters and boxes,water service connections,fire hydrant assemblies,pipe fittings,encasement pipes for water lines,and supporting materials in conformance with the City of Fort Worth requirements and details shown on the plans.Obtain necessary permits,provide testing as necessary,and request inspection of the completed water and sewer lines prior to being placed in service. 2. PREQUALIFICATION In addition to TxDOT's preq u al ification,water and sewer utility improvements included in this project must be performed by a Contractor who is prequalified by the Fort Worth Water Department at the time of the bid opening.Reference the following attached specifications for bidder prequalification requirements: ■ 0045 11—Bidders Prequalification's ■ 00 4512—Prequalffcation Statement ■ 00 4513--Bidder Prequalification Application 3. MATERIALS Fumish all materials in accordance with the requirements shown on the plans or pick-up materials furnished by the utility companies and deliver to the project site. See Article 5,"Measurement",Table 1-Section A: Water and Table 2-Section B:Sewer,in this document. 4. PERMITS,TESTING,AND INSPECTION 41, Permits.Acquire all necessary permits from the C4 of Fort Worth to perform the work. Please contact the following entities as needed: ■ Fort Worth Water Department—Field Operations:(817)392-8295 ■ Fort Worth Transportation and Public Works:(817)392-8100 4.2. Testing. Provide testing for water mains in conformance to the City of Fort Worth requirements or as directed by the Engineer.Perform the following testing as minimum: ■ For water mains:hydrostatic test,poly pigging,and sterilization test. ■ Reference Specification—33 D4 40—'Cleaning and Acceptance Testing of Water Mains". 4.3. Inspection.All water mains and their appurtenances will be inspected by a representative of the City of Fort Worth. These representatives'decision of acceptability of the installation will be final.The City of Fort Worth will hold 2 final inspections,one at water line completion and the other at roadway completion for final utility grade adjustments according to Specification Section 33 0514 attached. 5. CONSTRUCTION Protect all water mains,vaults,and appurtenances at all times during the construction. Promptly repair,at no additional cost to the Owner,any damage to the existing water system and any interruption to the services such as line stoppages or breakage caused by the Contractor's operation. Follow'Location of Existing Utilities Handout"per City of Fort Worth requirements. 1-4 XXXX 5.1. Construction Staking.The construction staking and survey must be done by the City of Forth Worth according to the follow specification: ■ Specification—01 71 23—"Construction Staking and Survey'. 5,2. Specifications.Perform the work in such a manner consistent with current City of Fort Worth standards and specifications.Reference the following attached Specifications for the work to be performed: Division 04:General Conditions ■ 00 6119—Maintenance Bond Division 01:General Requirements ■ 01 2500—Substitution Procedures ■ 0132 33—Preconstruction Video ■ 0133 00—Submittals ■ 017123—Construction Staking and Survey Division 02:Existing Conditions ■ 02 4114—Utility Removal Abandonment Division 33:Utilities ■ 33 01 30—Sewer and Manhole Testing ■ 33 0131—Closed Circuit Televisions(CCTV)Inspection ■ 33 0310—Bypass Pumping of Existing Sewer Systems ■ 33 0410—Joint Bonding and Electrical Isolation ■ 33 04 11—Corrosion Control Test Stations ■ 33 0412—Magnesium Anode Cathodic Protections System ■ 33 04 30--Temporary Water Services ■ 33 04 40—Cleaning and Acceptance Testing of Water Mains ■ 33 0510—Utility Trench Excavation Embedment and Backfill ■ 33 0513--Frame Cover and Grade Rings ■ 33 0514—Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade ■ 33 05 15—Concrete Water Vaufts ■ 33 0517—Concrete Collars ■ 33 05 20--Auger Boring ■ 33 05 22—Steel Casing Pipe ■ 33 05 24--Installation of Carrier Pipe in Casing or Tunnel Liner Plate ■ 33 05 26—Utility Markers-Locators ■ 33 05 30—Location of Existing Utilities ■ 331105--Boos,Nuts,and Gaskets ■ 33 11 10—Ductile Iron Pipe ■ 33 11 11—Ductile Iron Fittings ■ 33 11 12—Polyvinyl Chloride(PVC)Pressure Pipe ■ 33 12 10—Water Services 1-inch to 2-inch ■ 3312 20—Resilient Seated(Wedge)Gate Valve ■ 3312 25—Connection to Existing Water Mains ■ 3312 40--Fire Hydrants ■ 3312 50—Water Sample Stations 2-4 XXXX The specifications can be viewed on the City of Fort Worth's Internet Home Page at fortworthtexas.g_ov. 5.3. Submittals.Submit the following submittals and types per"Submittal Log Table"attached according to Specification Section 01 33 00-'Su bmiRals". 6. MEASUREMENT Water main and sewer line rept ement items will be measured as follows: Table 1 Section A:Water TxDOT Description FTW Bid Item Fort Worth Bid hem Description FW Spec Unit Item No. Code No. 0000 "' 0241.1001 Water Line Grouting 02 41 14 CY 0000 ""` 0241.1011 Remove 4'Water Line 02 41 14 LF DDDR 0241,1012 Remove 6'Water Line 024114 LF 0000 ""' 0241.1013 Remove 8'Water Line 02 41 14 LF 0000 *" 0241.1014 Remove 10'Water Line 02 41 14 LF 0004 `"" 0241.1015 Remove 12'Water Line 0241 14 LF 0000 "' 0241.1019 Remove 24'Water Line(Casing) 0241 14 LF 0000 """ 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 0000 "' 0241.1218 4'-12'Water Abandonment Plug 02 41 14 EA 0000 '"' 0241.1302 Remove 6'Water Valve 0241 14 EA 0000 ""' 0241.1303 Remove 8'Water Valve 02 41 14 EA 0000 "' 0241.1305 Remove 12"Water Valve 0241 14 FA 0000 "" 0241.1510 Salvage Fire Hydrant 02 41 14 EA 0000 *" 3201.0415 8'Wide Asphalt Pvmt Repair,Residential 320117 LF 0000 "" 3304.0101 Temporary Water Services 330430 LS ODOR """ 3305.0103 Exploratory Excavation of Existing utilities 330530 EA R 0000 '"" 3305.01 D9 Trench Safety 330510 LF 0000 ""' 3305.0110 utility Markers 330526 LS 0000 "' 3305.0111 Valve Box Adjustment 331516 EA .. 0000 """ 3305.1003 20"Casing By Open Cut 330522 LF 0000 """ 3305.1104 24"Casing By Other Than Open Cut 330522 LF 0000 *" 3305.2004 12'Water Carrier Pipe 330524 LF 0000 *" 3311.OD01 Ductile Iron Water Fiffings wJ Restraint 331111 TON 0000 """ 3311.0141 6"Water Pipe 331110,33 11 12 LF 0000 "' 3311.0241 8'Water Pipe 33 1110,3311 12 LF DD00 "' 3311.D252 8'DIP Water,CSS Backfill(Restrained Joints) 331110.33 11 12 LF 0000 "' 3311.D441 12'Water Pipe 331110.33 11 12 LF 0000 """ 3311.0452 12'DIP Water,CSS Backfill 331110 LF 0000 "" 3312.0001 Fire Hydrant 331240 EA 0000 "` 3312.0105 Connection to Existing 4%12*Water Main 331225 EA 0000 "` 3312.2001 1'Water Service,Meter Reconnection 331210 Fro 0000 "" 3312.2003 1'Water Service 331210 FA 0000 ""` 3312.2101 1 1!Y Water Service,Meter Reconnection 331210 EA 3-4 .r XXXX 0000 3312.2103 1 112'Water service 331210 EA 0000 '"" 3312.2201 2'Water Service,Meter Reconnection 331210 EA _ 0000 '"" 3312.2203 2'Water Service 331210 EA 0000 3312.3002 6"Gate Valve 331220 EA 0000 ""* 3312.3003 8'Gate Valve 331220 EA 0000 "` 3312.3005 12'Gate Valve 331220 EA 0000 3312.4002 6'x 6'Tapping Sleeve&Valve 331225 EA 0000 ""' 3312.4114 16'x 12"Tapping Sleeve&Valve 331225 EA 0000 "" 3312.4415 48'x 12'Tapping Sleeve&Valve 331225 EA OODO "' NIA Gravel WA SY 7. PAYMENT The work performed and materials fumished in accordance with this Item and measured as provided by under"Measurement",will be paid for at the unit price bid for the various items specified on the pians.This price is for full compensation for furnishing all equipment,materials,tools,labor,permits,testing,and incidentals necessary to satisfactorily complete the work as detailed on the plans including excavation, embedment,and backfill. 4-4 XXXX Special Specification XXXX Architectural Fence o►r'� , I. - DESCRIPTION - Furnish and install architectural fence as shown in the plans. 2. MATERIALS Furnish materials in accordance with fence manufacturer's recommendations and as shown in the plans. The fence shall be fir green in color and 3 feet in height. 3. CONSTRUCTION _-- Install architectural fence in accordance with manufacturer's recommendations and with all associated connections and post foundations as required for installation. 4 MEASUREMENT This item will be measured by the foot of wire fence,including gates as applicable. 3. PAVEMENT -- ---- 4- 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"Architectural Fence"of the type specified.This price is full compensation for furnishing,preparing,hauling,and installing fence and gate materials; excavation, backfilling,and disposal of surplus material;removal and trimming of brush and tree limbs;and equipment,labor,tools,and incidentals. Gates associated with the architectural fence are considered subsidiary to"Architectural Fence Page 1 of 1 Introduction Local Government General Requirements For all projects with State or Federal funds,and/or ail 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 aItem ate,equivalent specifications. TxDOT's°2014 Standard 5pecif/cations 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 an 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 govemment 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 Iota!govemment 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 S. MEASUREMENT B. 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 belowthe item level is as follows: XXX,1.,Article XXX.1.1.,Section XXX.1.1.1.,Section XXX.1.1.1.1.,Section XXX.1.1.1.1.1.,Section XXX.1.1.1.1.1.1.,Section The term section is used for all breaks below the article. Items 1 L-9L Local Government General Requirements and Covenants Item 1 L Abbreviations and Definitions 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below. — ------- ------ ----- ----- 2. ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee,Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association _ ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration, U.S. Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business iCEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) NEMA !National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association — NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U.S. Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PE Professional Engineer PPI Plastics Pipe Institute PS&E Plans, Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas — SBE Small Business Enterprise SF PA Southem 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 Govemment 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 altemate 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(7)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. w 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. 81ast Cleaning, Using one of the blasting methods, including,but not limited to,water blasting,low-pressure water blasting,high-pressure water blasting,abrasive blasting,water-abrasive blasting,shot blasting,slurry blasting,water injected abrasive blasting,and brush blasting. 3.23. Bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water,a highway, r 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.TxDCT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.30. C o n c reteWo rk s@.TxDOT-own ed software far 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 specifcationS,Contract bonds,change orders, addendums,and contract amendments. 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 liablAy 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 pians 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•UserCost.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 Materlat 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 GFR 261,or applicable state and federal regulations. _ 3.61. High•Press ure 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. Incentivel0isincentive 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 incentiveldisincentive 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 r 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 officialiy receive bids and dose 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 Profession at 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 pdmadly for access to residence,business,or other abutting property. 3.77, Low-Pressure Water Blasting.Water blasting with pressures between 3,004 and 5,400 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.T%DOT-maintained list of approved products.Referenced as°Department's MRL". 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 ail 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. w 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. Subg rade.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. 3.98. 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-fad 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 3.104. 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 Quaification.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. 3.1104. 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. 3.1105. Proposal Guaranty.The security fumished 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. y„ 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 speci-fications. 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 w 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 an 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 substructu re. 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-own ed 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. 1149. 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 abras1velair stream at the noz7Je. 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 Instructionsto Bidders 1. INTRODUCTION Instructions to the Contractor in these specifications are generally writlen in active voice,imperative mood. The subject of imperative seniences is understood th be"the Contactor.'The Owners responsibilities are generally writlen in passive voice,indicative mood.Phrases such as"as approved,""unless otherwise approved,"'upon approval,""as directed,""as veiled,""as ordered,"and"as determined'refer to actions of the Engineer unless otherwise stated, and it is understood that the direclions,orders,or instructonsBo which _ they relate are within the limitations of and authorized by the Contract 2. ELIGIBI LITY0F BIDDERS Bidders on this project must be prequalified though the City of Fortmrth, See Section 004511 Bidders Prequal0cations for eligibility of project bid. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained at City of Forth Worth TPW 200 Texas StFort&rth Texas,76102. 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 projectdue I) a bid error on the original bid .� documents, ■ the Bidder failed 1)enter inI)a Contract on the original award, a the Bidder was detau lied or thrrrinated on the original Contract, unless the Owner terminated for convenience,or ■ the Bidder or a subsidiary or aililiate of the Bidder has received compensation tromthe Owner to participate in the preparation of the plans or specifications on which the bid or Con tract is based. A. INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approxim ie 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 DOCUMENTSANDWORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work.Submitting a bid will be considered evidence thatthe 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 dl111cuIV of aceuratly classifying all material encounlered in making foundation investigations,the possible erasion 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 r' 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 altemate 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. n 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. a 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, m 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 does not meet the Owner's qualification requirements. 8. SUBMITTAL OF BIDS T 8.1. Printed Bid. 8.1.1. Bid Form. Mark all entries in ink.As an altemativeto 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"00 42 43 Proposal Form'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. 8.1.2. 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. 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. 8.1.4. 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. -- 8.1,5. 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. 8.1.6. 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. 8.11. 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 Ownerwill 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 1;$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 dally 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 8.1.1. 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-cf- 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: i 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. 0 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 Contractors 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 ooln toss.The Letting Official will preside over the proceedings for the coin toss. Item 3L Award and Execution of Contract I. AWARD OF CONTRACT The Owner will award,reject,or defer the Contract within 90 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 hid 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 executlon 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)IHISTORICALLY UNDERUTILIZED BUSINESSISMALL BUSINESS ENTERPRISE (SBE) Submit all DBEIHUBISBE 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.Fumish 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 9 Bonding Regu€rements Contract Amount Required Bonds Less than$25,W None +� $25,000 to$100,000 Payment More than$10fl,000 Performance and Payment 4.3. Insurance. Submit a Certificate of Insurance showing coverages in accordance with Contract requirements. Insurances must cover the contracted worst 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 worst 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 Re uiremenfs Type of Insurance I Amount of Coverage Commerciat General Liability insurance I Not Less Than: $500,000 each occurrence Business Automobile Policy Not Less Than: $600,000 combined single limit Workers'Compensation Not Less Than: statutory All Risk Bulldees 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. 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. y 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 avai}abfe 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 altem ate 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 wi€I 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. 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 Quantitv Factor 50 and c 75 1,05 z25and<50 1.35 25 1.25 If the changes require additional working days to complete the Contract,Contract working days will be adjusted in accordance with Item 8, 'Prosecution and Progress." 4. 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 specifed 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. 5. 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 Ietting.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 casts and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: — 5.1. Standby Equipment Costs. Payment will be made in accordance with Section 9.7.1.4.3.,"Standby Equipment Costs." 5.2. 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. 5.3. Home Office Overhead.The Owner will not compensate the Contractor for home office overhead. 6. DISPUTE DR 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 preconstruct i o n 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 wilt be subsidiary to pertinent items. Table t Signature and ApprooWyal u€rements for Working Drawin s Requires Licensed Requires owner Work!ng Drawings For Professional Engineer's ,approval .. Signature,Seal and Date 1.Alternate or optional designs Yes Yes submitted by Contractor 2.Supplementary shop and fabrication No unless required See applicable drawings for structural Items on the ons Item 3.Contractor-proposed temporary faalities that affect the public safety,not Yes Yes included on the ans Bridges,retaining Yes 4.Form and walls,and other unless otherwise Not _ major structures shown on the plans falsework details No Minor structures unless otherwise No shown on the plans N 5.Erection drawings Yes Nolx 6.Contractor-proposed major Yes Yes modifications to traffic control tan 1, The Engineer may require that the Contractor have a licensed professional engineer we 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 def ned in the respective items of the Contract or,if not defined,as determined by the Engineer.Obtain approval before deviating from the pians and approved worsting drawings.Do not perform work beyond the lines and grades shown on the plans or any extra worst 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 falls to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective.Correct,or remove and replace,the worst 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 became 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 govem over scaled dimensions. Special provisions govern over plans(including general notes),which govem over standard specifications and special specifications.Job-specific plan sheets govem 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,"Banicades, Signs,and Traffic Handling,"special provisions govem over standard specifications and special specifications,which govem 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 hindranoe 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•specifiic 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 Oil 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 Engineers 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 fumished,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 w 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 govemment 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 outfall channel,whichever is higher. Dispose of all excess material in accordance with federal,state,and local regulations. 12. FINAL ACCEPTANCE 12.1. Final acceptance is made when all work is complete and the Engineer,in writing,accepts all work for the work locations in the Ccntract. Final acceptance relieves the Contractor from further Contract responsibilities. 12.11. 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." 12.92. 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 worst. 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 w 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 8.4.,'Sampling,Testing,and Inspection.' ^ 1.1. Buy America.Comply with the latest provisions of Buy America as listed at 23 CFR 835,410, 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, rt 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 DUALITY 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,fumish 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. 0 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 mated al 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 hmits 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.Property 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 +r 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 famished,equipment,labor,tools,and incidentals will be paid for in .� accordance with item 496,"Removing Structures,"and Item 497,"Sale of 5alvagable 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. w EW am 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 Suboontractor'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, ■r 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 502.7.7.,'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 Nhts.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 TMUTC❑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 waming 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. r. 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-initlated 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 rightof way,the Ownerw ill 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 qualify 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. 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. w 8. 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. w All equipment associated with the worn 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. 9. USING EXPLOSIVES Explosives shall not be utilized on this project. 10. 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. 11. 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 w 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. y 12. 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. 13. 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. 14. 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. 15. 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 he 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 Own er will make available to the Contractor any available plans and material reports for existing structures. 15.1. 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. 15.2. 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. 15.3. 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. 15.A. 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. 16. 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. 16.1. 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: X motor vehicle,watercraft,aircraft,or railroad-train incident; ■ vandalism;or ■ Acts of God,such as earthquake,tidal wave,tom ado,hurricane,or other cataclysmic phenomena of nature. _ 16.2. Appurtenances. 16.2.1. 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. 16.2.2. 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), 16.3. Roadways and Structures.Unfit final acceptance,the Contractor is responsible for all work constructed under the Contract.The Owner W11 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. 16.4. 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. 16.5. 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. 16.5.1. 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. 16.5,2. 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. 16.5.3. 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. 16.5.4. When Directed by the Engineer.The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 16.6. 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." 17. ELECTRICAL REQUIREMENTS 17.1. Definitions. 17,1.1. 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," i Item 617,"Temporary Roadway Illumination," _ ■ Item 618,"Conduit," ■ Item 620,"Electrical Conductors," ■ Item 621,"Tray Cable," ■ Item 622,"Duct Cable," — u 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. Electdcal 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. 17.1.2. 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 544,"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. 17.1.3. 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. 17.1.4. Licensed Electrician.A licensed electrician is a person with a current and valid unrestricted master electrical license,or unrestricted jou meyman 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 i times electrical work is being done,but the unrestricted master electrician must approve work performed by the unrestricted joumeyman.Licensed electrician requirements by city ordinances do not apply to on slate 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. 17.2. Work Requirements.The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. Table 2 Work Reg utrements Type of Work Qualifications W Perform Work Licensed electrician,certified person,or Electrical work with plans workers directly supervised by a licensed electrician or certified p2rson Electrical work without plans Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed eiectrioan 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 I oeftsed electrician or certified working drawings rson Conduit in cast;n-place section Inspection by licensed electrician or certified .. person All other electrical work(troubleshooting, Licensed electrician or workers directly repairs,component replacement,etc.) supervised by a licensed electrician A licensed eiectrician 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 14 calendar days after the authorization date to begin work as shown on the Notice to Prooeed. Prosecute the work continuously to corn pletion within the working days specified. Unless otherwise shown in the Contract documents,work may be prosecuted in ooncurrent phases if no changes are required in the traffic oontrol 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 _ oomplies 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/HUBISBE subcontracts including all tiered DBE/HUB1SBE 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: it workers employed and paid directly by the Contractor or wholly owned subsidiary; ■ equipment owned by the Contractor or wholly owned subsidiary; • rented or[eased 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 Cantractor'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 oontroi over the activities of the leased employees and includes them in the weekly payrolls, w 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 DBEfHUBISBE subcontracts including tiered DBEfHUB1SBE 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, T 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 R 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 Cay.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. 3.1.5. 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 Tiling 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 w 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. 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. .. 5.2. Schedule Format.Forst all project schedules aeeofding 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 We 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. 5.3. 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 maybe 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. 5.4. Schedule Types. 5.4.1. Bar Chart.Seven calendar days before the preconstruction meeting,prepare and submit a hard copy of the schedule using the bar chart method. 5.4.1.1. Progress Schedule Reviews.Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.4.2. Critical Path Method.Prepare and submit the schedule using the CPM. 5.4.2.1. 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. 5.4.2.2. 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. 5.4.2.2.1. 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. 5.4.2.3. 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 ail 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 far activities started; w 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. 5.4,2.3.1. Project Schedule Summary Report(PSSR).When shown on the pians,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. 5.4.3. Notice of Pate ntial 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. 5.4.4. 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; H Step 1. Establish the status of the project immediately before the impact. ■ Step 2. Predict the effect of the impact an 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 ccmpieted 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 B.A.,"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 andlor 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 worts 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.,'Su boon tracting,°and abide by the DBEHUBISBE commitments previously approved by the Owner. No markups as defined in Article 9.1.,"Payment for Extra Work and Force Account Method,"will be allowed F, 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: ■ It 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." B. 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 resuk 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 specilying 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; a 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 wont using United States standafd measures,unless otherwise specified. 9.9. 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 ,F hauling vehicles.Fumish 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.Fumish 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. 9.3.9. 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. 9.3.2_ 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 vehide 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 coil1 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. w 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide Feld 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 Contractors 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. w 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 wilt be made in accordance with Article 4.4., — "Changes in the Work."Payment for extra worst 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 worst 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 involoe 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 FNWA 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 Rafe Blue Book at the time of use. If a rate has not been established for a particuiar 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 FMWA rental rates found in the Rental Rafe 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: ■ 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. 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 For contracts less than$404,004 at the time of execution,retainage shall be ten percent(10%). For contracts greater than$400,000 at the time of execution,retainage shall be five percent(5%). 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; E the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the w 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 talose 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 400 Schedule of Liquidated Damages The dollar amount of daily contract administration Liquidated Damages per Working Day is$650. 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.§2OOOd-3),color,national origin,sex,age or disability be excluded from participation in,be denied the benefits of,or otherwise be subjecled 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 oontractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. w 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,andlor ■ 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 Govemment 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 Farm 100{EEO-1}is the only report required by the Executive Orders or their implementing regulations. w 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 goad 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 fo.fh for each pa.rtidpating 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 w 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 su boontract;and the geographical area in which the Contract is to be pertomned. 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 Minority Participation County Partici 'on % County Participation,% Anderson 22.5 Chambers 27.4 Andrews 18.9 Cherokee 22.5 Angelina 22.5 Childress 11,0 Aransas 44.2 Cla 12.4 Archer 11.0 Cochran 19.5 Air fristrong 11.0 Coke 20.0 Atasoosa 49.4 Coteman 10.9 Austin 27.4 Collin 18.2 Bailey 19.5 Collin swarth 11.0 an Bw*ra 49.4 Colorado 27.4 Bastrop 24.2 Carnal 47.8 Baylor 11.0 Comanche 10.9 Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 +� BQ§que 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoda 27.3 Culberson 49.0 Brazos 23.7 Hallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson 27.4 Denton 18.2 Bumet 24.2 DeWitt 27.4 CakhWI 24.2 Dickens 19.5 Calhoun 27.4 ❑immit 49.4 w Callahan 11.6 Donleyv 11.0 Cameron 71.0 Duval _44.2 Gamp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49.4 Castro 11.0 Fills 18.2 w 2 w 000.004L Coun ParUcipadon,% Cou PamcIpau0n,% 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 FweM 27.4 King 19.5 Fisher 10.9 Kinney 49.4 Flqyg 19.5 Klebe 44.2 Foam 11.0 Knox 10.9 Fort Bend 27.3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18.6 Friu 49.4 LaSalle 49.4 Gaines 19.5 Lavaca 27.4 Galveston 28.9 Lee 24.2 Garza 19.5 Leon 27.4 " Gilles ie 49.4 Liberty 27.3 Glassoock 18.9 Limestone 18.6 Goliad 27.4 Upsomb 11.0 Gonzales 49.4 Live Oak 44.2 Gray 11.0 Llano 24.2 Grayson 9.4 Loving 18.9 Grepg 22.8 Lubbock 19.6 Grimes 27.4 Lynn 19.5 GuadaluVe 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 Mat orda 27.4 Hardeman 11.0 Maverick 49.4 Hardin 22.8 McCulloch 20.0 Harris 27.3 McLennan 20.7 Harrison 22.8 McMullen 49.4 Har#ey 11.0 Medina 49.4 Haskell 10.9 Menard 20.0 Has 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidal ❑ 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 Mofley 19.5 Howard 18.9 _Lamgdoches 22.5 Hudspelh 49.0 Navarro 17.2 Hunt 17.2 Newton 22.6 .. Hutchinson 11.0 Nolan 10.9 Irian 20.0 Nueces 41.7 Jack 17.2 achiltree 11.0 Jackson 27.4 Oldham 11.0 �.. Jasper 22.8 Orange 22.6 Jeff Davis 49.0 Palo Pinto 17.2 Jefferson 22.6 Pancla 22.5 Jim-Hogg 49.4 Parker 18.2 w. 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, Coumty Partici n % Rains 17.2 Rep gan 20.0 Real 49.4 Throckmortaai 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 Trini 27.4 # Robertson 27.4 Ter 22.6 Rockwall 18.2 U spur 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 Palricio 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 Smilh 23.5 Wichita 12.4 Somervell J 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 Ta lof 11.6 Young 11.0 Terrell 20.0 Zapata 49.4 T 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 Employees Quarterly Federal Tax Return,U.S.Treasury Department Form 941. ■ 'Minority"includes: ■ Black(all persons having origins in any of the Slack 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 w 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 physicaily 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 60A.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 goats 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 partidpation 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 Pian 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 k has employees in the covered area.Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer.The 1 000.005L Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated •- pursuant thereto. 1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor, 1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity.The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 1.7.1. Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work,The Contractor,where possible,will assign two or more women to each construction project.The Contractor will specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. 1.7.2. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. 1.7.3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this will be documented in the fie with the reason therefor,along with whatever additional actions the Contractor may have taken. 1.7.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. 1.7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor`s employment needs,especially those programs funded or approved by the U.S. Department of Labor.The Contractor will provide notice of these programs to the sources compiled under 7b above. 1.7.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and Collective bargaining agreement;by publicizing if in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1.77. Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other 2 000.005L employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents,General Foremen,etc.,before the initiation of construction work at any job site.A written record must be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed,and disposition of the subject matter. 1.7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 1.7.9. Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to ` schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs.Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 1.7.1 q. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractoes workforce. 1.7.11. Validate ail tests and other selection requirements where there is an obligation to do so under 41 CFR r Part 60-3. 1.7.12. Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. 1.7.13. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1.7.14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet w and necessary changing facilities will be provided to assure privacy between the sexes. 1.7.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female -- construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. 1.7.16. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 7.1.through Section 7.16,),The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under Section 7.1. through Section 7.16.of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established.The Contractor, however,is required to provide equal employment opportunity and to take atf rmative action for all minority groups, both male and female,and all women, both minority and non-minority.Consequently,the Contractor 3 000.005L may be in violation of the Executive Order it a particular group is employed in a substantially disparate manner(tor example,even though the Contractor has achieved its goals for women generally,the Contractor .. may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1.11. The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of f=ederal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246,as amended. 1.13. The Contractor,in fulfilling its obligations under these specifications,will implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity.If the Contractor fai Is to comply with the requirements of the Executive Order,the implementing regulations,or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1.14. The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records must at least include for each employee the name,address,telephone numbers,construction trade,union affiliation If any,employee identification number when assigned,social security number,rare,sex,status(e.g.,mechanic,apprentice,trainee,helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed.Records must be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,Contractors shall not be required to maintain separate records. 1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area .. residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program), 1.16. In addition to the reporting requirements set forth elsewhere in this Contract,the Contractor and the subcontractors holding subcontracts,not including material suppliers,of$10,000 or more,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR,Part 230),and in accordance with the included instructions. 4 000.394L — Special Provision to Item 000 - Disadvantaged Business Enterprise in Federal-Aid Contracts 1. DESCRIPTION The purpose of this Special Provision is to cant'out the U.S.department of Transportation's(DOT)policy of .. ensuring nondiscrimination in the award and administration of DCT-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 DCT-assisted Contracts. — 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1. Policy.It is the policy of the DCT 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 Deparhnenfs.DBE Program,apply to this Contract as follows. The Contractor will solicit D8 Es.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 DCT-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(C UF).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 far-profit small business certified through the Texas Unified Certification Program in aoeordance with 49 CFR Part 26,that is at least 5136 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 cavy 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 DDT 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(NAILS).A designation that best describes the primary business of a firm.The NAILS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U.S.Census Bureau website: htp://www.oensu s. ov/eos/wwwfnaics/. 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 pa&jpadon by a DBE through customary competitive procurement —. procedures. 2.2.11, Texas Unified Certification Program(TUCP)Directory.An online directory listing all DBEs currently certified by the TUCP.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 bidderis 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 HE 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 Intern et address: hil s:/Itxdot.txdotcros.comIFrontEndNendorSearchPubIic.asq?TN=txdotVID=2340. 2-7 OOD-394L A DBE must be certified on the day the commitment is considered and at time of subcontract execution.It is the Contractors responsibility to ensure firms identified for participation are approved certified QBE firms. w 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 Owners DBE liaison officer or,if the QBE 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 QBE 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.It the Bidder is unavailable to meet during the 7-fay period,the reconsideration decision will be made on the written informiation 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 oonstrued 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 pard 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 oedified 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 suboon tractor is itself a DBE. w. 3-7 r• w Baa-3941_ 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 w 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 26.5 5(e)(2)(1),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 Term 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 Sob 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 QBE 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 CU 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. dM 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 Term,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 anfitled 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 QBE 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 .w 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 QBE 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 Contact 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 comniftent 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 Tine. 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 w 606.3941. 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 timed 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 commiRed DBE firm in accordance with the Contract.For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist d 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,Aicth 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 worts 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 9 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 subcontf acting arrangement contrived to artificially inflate d8E 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❑8E participation; ■ withhold progress payments to the Contractor commensurate with the violation; w a refer the matter to the Office of Inspector General of the U5 department of Transportation for investigation;andlor rr seek any other available contractual remedy. w w 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 c!led 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 2J.,"Nonresponsive Sid,"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 48 CFIR 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 timetrame,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 worts 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 law 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. 1-1 007-001 L 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. w 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 w 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 w 007-001 L. w 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 w 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 .r 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. a a w a w 2-2 w 306-001 L w 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: a Item 161,"Compost" ■ Item 432,"Riprap" F ■ Item 556,"Pipe Underdrains" 2.1. Rock Filter Dams. 2.1,1, Aggregate.Fumish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the owner.Provide the following: ■ Types 1,2,and 4 Rock Filter Dams.Use 3 to 6 in.aggregate. ■ Type 3 Rock Filter Dams.Use 4 to 8 in.aggregate. 2.1.2. Wire.Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: ■ a double-twisted,hexagonal weave with a nominal mesh opening of 2-112 in.x 3-114 in.; ■ minimum 4.0866 in.steel wire for netting; _ ■ minimum 0.1063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or be wire. 2.1.3. Sandbag Material.Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains.Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that `~ conform to the plans.Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes.Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans.Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 112 cu.ft.for the construction of energy dissipaters. " 2,4. Construction Exits.Provide materials that meet the details shown on the plans and this Section. 1 506.001 L 2.4.1. Rock Construction Exit.Provide crushed aggregate for long-and short-term construction exits.Fumish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,day,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 112 in.diameter,unless otherwise shown on the plans or allowed.Provide plywood or pressed wafer board at least 112 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.Fumish 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 1-112 x 1-115 in.Furnish T-or L-shaped steel posts with a minimum weight of 0,5 Ib.per foot. 2.7.2. Fence.Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie wire. 2.7.4. Flagging.Provide brightly-colored flagging that is fade-resistant and at least 314 in.wide to provide maximum visibility both day and night. 2.7,5. Staples.Provide staples with a crown at least 112 in.wide and legs at least 112 in.long. •� 2.7,6. Used Materials.Previously used materials meeting the applicable requirements may be used if approved. 2.8, Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyimide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mulien burst-strength exceeding 340 psi,and an ultraviolet stability exceeding 701k. 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 318 in. 2.9. Temporary Sediment Control Fence,Provide a net-reinforced fence using woven geo-textite fabric.Logos visible to the traveling public will not be allowed. 2 506.001 L 2.9.1. Fabric.Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts.Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise F shown on the plans.Fumish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Fumish hardwood posts with a minimum cross-section of 1-112 x 1-112 in.Fumish T-or L-shaped steel posts with a minimum weight of 1.3 Ib,per foot. t 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 314 in.wide and legs 112 in.long. 2.9.5. Used Materials.Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control logs. 2.10.1. Core Material.Fumish 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.Fumish compost meeting the requirements of Item 151,'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. Fumish 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.Fumish 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,TPD ES General Permit TXR150000,and as directed by the Owner.Develop and implement an 5WP3 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 resuking 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 stone water permit.Establish a uniform vegetative cover.The project will not be accepted until a 70%density of existing adjacent undishirbed areas is obtained,unless otherwise shown: 3 w 506-00`11- on the pians.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 darns.Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines,height,and slopes specified,wittrout 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 has,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: 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 w 506-001L 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeperthan 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. -R 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(Seek 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 fight,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,"Men 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 S in.at the flume outlet to the limits shown on the plans or as directed. 3.3.4. Construction Exits.Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist.Construct exits for either long-or short-term use. 3.3.4.1. Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. — 3.3.4.1.1. Type 1.Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 3.3.4.2.1. Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily operations where long-term exits are not practical. 5 506.001L 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 sparing of 8 to 16 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 Are. 3.3.6.3. Flag Attachment.Attach flagging to both Are strands midway between each post.Use flagging at least 18 in.long.Tie flagging to the Are 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 crass-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. 6 506-601 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 protects 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. w 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 Exfts.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: E 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. T 4.8, 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 oonstruotion 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. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. _ 5.1. Rock Filter Dams.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 8 506.001 L 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 Siope 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 far 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. 9 506-001 L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control." S.S. 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 bad 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 fumished 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, Are,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. U. 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: 10 506.061 L w 5.8.1. Installation.Installation will be paid for as"Temporary Sediment-Contra!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. w 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 hid 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 fumishing 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. w 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. w. 11 DIVISION 02 - GENERAL REQUIREMENTS of itoa-� SUMMARY OF WORK Page t of 3 1 SECTION 01 1100 2 SUMMARY OF WORK w 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: dw 10 1. Division 4-Bidding Requirements,Contract Forms,and Conditions of the Contract 11 2. Division I -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES I3 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 34 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 w 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. CfrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 01 1100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] dw 2 1.6 ACTION SUBMITTALSIINFORMATIONAL 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] an 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD[SITE] CONDITIONS [NOT USED] S 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS[NOT USED] 10 PART 3- EXECUTION[NETT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 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 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USEDI 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, w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 012500-2 suns TU'rION PROCEDURES ■+ Page 2 of 4 I b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Farm(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 I7 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 Live Oafs Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion,acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion,substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product,the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product,and has determined that it is adequate or 16 superior in all respects to that specified,and that it will perform function for which 17 it is intended .., 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work,to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION[NOT USED] 29 END OF SECTION 30 Revision Log �,. DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July I.2011 rr 012500-4 SUBSTITUTION PROCEDURES op 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 35 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 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 0131 19-1 PRECONSTRUCTION MEETING Page 1 of 3 1 SECTION 0131 19 2 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0--Bidding Requirements,Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES .. 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor,subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting,prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WOR'il1 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 17,2012 rA 0131 19-2 PRECONSTRUCTION MEETING w Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 4W 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances,easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders •* 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 in. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification .� 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan .. 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 cc. Record Drawings 41 ff. Temporary construction facilities .r 42 gg. MIWBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 jj. Questions or Comments CITY OF FORT WORTH Live Calc Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 17,2012 0131 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSIINFORMATIONAL 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] I0 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAIL SUMMARY OF CHANGE I 13 w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 06593 Revised August 17,2012 on 013120-1 PROJECT MEETINGS on Page 1 of 3 1 SECTION 013120 =9 2 PROJECT MEETINGS 3 w 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] 24 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 1 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 013120-2 .. PROJECT MEETINGS Page 2 of 3 1 a. Contractor MR 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. fending 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w ^ 013120-3 PROJECT MEETINGS nr 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. I 1 1) To the extent practicable,meetings will be held at the Site. .� I2 1.5 SUBMITTALS [NOT USED] 13 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE INOT USED] 17 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 21 PART 3- EXECUTION[NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANCE 24 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1.2011 013214-1 CONSTRUCTION PROGRESS SCHEDULE Page I of 5 1 SECTION 4132 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 H. 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. d" CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 aw 613216-2 CONSTRUCTION PROGRESS SCHEDULE w 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 to 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 l8 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. w CITY OF FORT WORTH Lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 013215-3 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 l) Fumish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will,after receipt of such justification and supporting 9 evidence,make findings of fact and will advise the Contractor,in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled,the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which,according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but .. 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time,it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions,weather, 27 technical difficulties,strikes,unavoidable delays on the part of the City or its 28 representatives,and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1)' Under such conditions,the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time '! 35 extensions beyond the actual completion of unaffected work,in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. .� 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date �. 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates,and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY of FORT WORTH Live Oak Connector S'T'ANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project Number 00593 Revised July I,20I 1 or 013216-4 CONSTRUCTION PROGRESS SCHEDULE y 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. w 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 .o 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) y" 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. CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 013216-5 w CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NUT 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] rt 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 nr CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 01 32 33-1 PRECONSTRUCTION VIDEO Page I of 2 1 SECTION 0132 33 M 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: G 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 I —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 hid. IG 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. Iwo 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 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 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 Live Oak Comector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July I,tall w 01 3233-2 �■ PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3- EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 w CTTY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number ODS93 Revised July 1,2011 sm 013300-1 SUBMITTALS w Page I 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 hist 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 Live Oak Cmmector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 w 01 3300-2 SUBMITTALS Page 2 of 8 I 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 91-99 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 I A=2nd submission,B=3rd submission,Cath 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 %inches x 11 inches to 8 '/z inches x 1 I 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 40593 Revised December 20,2012 013300-3 SUBMITTALS w Page 3 of 8 1 2. The Project title and number i 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. r. 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,20 12 w 013300-4 SUBMITTALS Page 4 of 9 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 l l) Product operating and maintenance instructions and recommended b 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: t0 a. Physical examples of the Work such as: w I 1 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 lb 5) Graphic symbols and units of Work to be used by the City for independent w 17 inspection and testing,as applicable to the Work t8 1. 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 I. 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 l 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) w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ctty Project Number 06593 Devised December 20,2012 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 .r 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 I 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 w 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRICTION SPECIFICATION DOCUMENTS City Praject Number 00593 Revised December 20,2012 013300-6 w. 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 continents,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 l) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City .. 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract .. 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH Lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 on 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. I0 M. Qualifications ,^ 11 L 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) 00 14 1. Contractor Request for additional information I5 a. Clarification or interpretation of the contract documents I6 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 010 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. OW 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] w 31 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] w 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 w 013300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS[NOT USED] 2 PART 3- EXECUTION [NOT USED] w 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.x.8.Working Days modified to Calendar Days 5 w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 w 013513-1 SPECIAL PROJECT PROCEDURES Page l of 9 SECTION 0135 13 1 SPECIAL PROJECT PROCEDURES 2 PARTI - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: ^ 5 1. The procedures for special project circumstances that includes,but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives,Drop Weight,Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 18 B. Deviations from this City of Fort Worth Standard Specification 19 1, Use Texas Department of Transportation Specifications when applicable C. Related Specification Sections include,but are not necessarily limited to: ^ 20 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the 21 Contract 22 2. Division 1—General Requirements 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item .. 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 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 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 013513-2 w 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 l) 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(TxD-OT): 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,20I2 0135 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example:ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines,or raise or 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. 1 I 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 w 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 w 46 G. Water Department Coordination CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 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 I. Prior to beginning construction on any block in the project, on a block by block 21 basis,prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction.The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e.type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the`pre-construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 1. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 w 013513-5 SPECIAL PROJECT PROCEDURES +� Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: t 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 E. 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 ,r 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. w 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANF'ORMATIONAL SUBMITTALS[NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD[SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS[NOT USED] ^� 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.13—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 0135 13-7 SPECL4L 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 SUPERINTENDENTS AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTORS AT C TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8305 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL — 37 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B 2 FH RT WO RT H DOW. DOE MO.X XX Pr*JM Kerne: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORIiOOD. YOUR ' WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MIL AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, T .CONTRACTOR 4 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTTON SPECIFICATION DOCUMEN-M City Project Number 06543 Revised December 20,2012 rr w 01 4523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 4145 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: .. I0 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements I2 1.2 PRICE AND PAYMENT PROCEDURES .� 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing,coordinating,and payment of all 17 Quality Control testing. _ 18 b. City is responsible for performing and payment for first set of Quality I9 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1,3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. _ 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City,sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor,notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution w. 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzasaw site,or another external FTP site approved by 38 the City. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised]uiy 1.201 I 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 to 4. Provide City's Project Representative with trip tickets for each delivered load of 1 i Concrete or Lime material including the following information: 12 a, Name of pit 13 b. Date of delivery 14 c. Material delivered w 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 SUBMITTALSIINFORMATIONAL 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 USER] 27 PART 3- EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 01 500D-I TEMPORARY FACILITIES AND CONTROLS Page I of 4 1 SECTION 0150 00 '~ 2 TEMPORARY FACILITIES AND CONTROLS goo 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 ,F I 1 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification w 14 L None. 15 C. Related Specification Sections include,but are not necessarily limited to: 16 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. w 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service .. 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel,power,light,heat and other utility services necessary for 32 execution,completion,testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping,equipment,devices or other use as 36 required for the completion of the Work, 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CrrY OF FORT WORTH Live Oak Cormector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 015000-2 r+ TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work,including 6 testing of Work. 7 1) Provide power for lighting,operation of equipment,or other use. .� 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting,and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage w 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. w 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 06593 Revised July 1,2011 015000-3 TEMPORARY FACILITIES AND CONTROLS w Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS[NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] w 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD[SITE] CONDITIONS[NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] ~' 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR]1[RESTORATION] .• 25 3.6 RE-INSTALLATION 26 3.7 FIELD[opt] SITE QUALITY CONTROL[NOT USED] 27 3.8 SYSTEM STARTUP[NOT USED] 28 3.9 AD.IUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CrrY OF FORT WOR'I71 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 015000-4 ■+ TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work,to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.1.3 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS[NOT USED[ w b END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 w w w w w w w w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 015526-1 STREET USE PERMIT AND MODIFICATIONS To TRAFFIC CONTROL *+ Page i of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL ^ 3 PART 1- GENERAL 4 1.1 SUMMARY w 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 Q—Bidding Requirements,Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13—Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment ^ 18 1. Work associated with this Item is considered subsidiary to the various Items hid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification,unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings,provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings,prepare traffic .. 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control,a City Street Use Permit is required. ^ 37 a. To obtain Street Use Permit,submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 0155 26-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit,such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. to 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit,such that construction is not delayed. 12 D. Removal of Street Sign 13 I. If it is determined that a street sign must be removed for construction,then contact 14 City Transportation and Public Works Department,Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices(MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City Transportation and Public Works Department,Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NUT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD[SITE] CONDITIONS [NOT USED] �. 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,20l 1 w 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL w Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE r r 2 r w w r w MP w. VON CITY OF FORT WORTH Lire Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City PFoject Nwnber 00593 Revised July 1,2011 015713-1 ■. STORM WATER POLLUTION PREVENTION Page I of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0— Bidding Requirements,Contract Forms and Conditions of the 11 Contract 12 2. Division 1 —General Requirements 13 3. Section 3125 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 4 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent.NOI 24 2. Notice of Termination:NOT 25 3. Storm Water Pollution Prevention Plan:SWPPP 26 4. Texas Commission on Environmental Quality:TCEQ 27 5. Notice of Change:NDC dw 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification,unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General r 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CrFY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 POP 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 I B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance F" 6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR 150000 11 a) Sign and post at job site ^ 12 b) Prior to Preconstruction Meeting,send 1 copy to City Department of 13 Transportation and Public Works,Environmental Division,(817)392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit ^ 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements d, 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817)392-6088. ' 29 2) TCEQ Notice of Change required if making changes or updates to N01 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 ^ 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP ^ 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(817)392-6088. 40 1.5 SUBMITTALS .. 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting,submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review w C1TY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 I. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1,7 CLOSEOUT SUBMITTALS [NOT USED] b 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] .. 8 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD[SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION[NOT USED] 13 END OF SECTION WE 14 Revision Log DATE NAME SUN0 ARY OF CHANGE 15 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 0158 13-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 015813 ` 2 TEMPORARY PROJECT SIGNAGE 3 PARTI - 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 I —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES[NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS[NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED IoR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria w 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 015813-2 �+ TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of/4-inch fir plywood,grade A-C(exterior)or better .. 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL[NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] _ 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR 1 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] r 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.22 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FOR"I'WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised 14y 1,2011 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANCE 2 w CITY OF PORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 016000-1 PRODUCT REQUIREMENTS Page I ort 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES[NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buw as follows: 16 1. ResourcesNO2-Construction DocumentslStandard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use, including but not Iimited to,that w 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY,STORAGE,AND HANDLING [NUT USED] 2 1.11 FIELD[SITE] CONDITIONS[NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NUT USED] 5 PART 3- EXECUTION [NUT USED] 6 END OF SECTION 7 w Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List S w w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCI70N SPECIFICATION DOCUMENTS City Project Number 00543 Revised December 20,20 f 2 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page l of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTI - 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 y 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 I —General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 2I 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 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. Stare 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 S. 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 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 [NUT USED] 9 3.5 REPAIR 1 RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION[NOT USED] 11 3.7 FIELD loR] SITE QUALITY CONTROL w 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 3.14 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 0166 OD-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS ++ Page 4 of 4 Revision Log DATE NAIVE SUMMARY OF CHANGE ww 1 _ _ _ _ _ _ _ CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Nwnher ODS93 Revised July 1,2011 017123-1 .. CONSTRUCTION STAKING AND SURVEY Page l of 7 I SECTION 417123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY w 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. Consstruction 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. CrrY OF FORT WORTH Lire Oak Conoector STANDARD CONSTRUCTION SPECIFICATION DOCITMENTS City Project Number 00593 Revised August 31,2017 w 0171 23-2 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 Stakina—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] A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254(qualifications based selection)for this project. ,. 21 1.5 SUBMITTALS 22 A. Submittals, if required,shall be in accordance with Section 01 33 00. w 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 pians 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. CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 31,2017 017123-3 CONSTRUCTION S'T'AKING AND SURVEY Page 34 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 notesused 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 3I,2017 w 0171 23-4 CONSTRUCTION STAKING AND SURVEY Page 4 o£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 5 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 1) Manholes _ t8 a) Rim and flowline elevations and coordinates for each 19 manhole 20 2) Water Lines 21 a) Top of pipe elevations and coordinates for waterlines 22 at the following locations: 23 (1) Minimum every 250 linear feet, including 24 (2) Horizontal and vertical points of inflection,curvature, -� 25 etc.(All Fittings) 26 (3) Cathodic protection test stations 27 (4) Sampling stations w 28 (5) Meter boxes/vaults(All sizes) 29 (6) Fire lines 30 (7) Fire hydrants 31 (8) Gate valves 32 (9) Plugs,stub-outs,dead-end lines 33 (10) Air Release valves(Manhole rim and vent pipe) 34 (11) Blow off valves(Manhole rim and valve lid) 35 (12) Pressure plane valves 36 (13) Cleaning wyes 37 (14) Casing pipe(each end) 38 (15) Cathodic test stations 39 3) Stormwater—Not Applicable 40 b. The Contractor shall provide as-built survey including the elevation and 41 location(and provide written documentation to the City)of construction 42 features after the construction is completed including the following: 43 1) Manholes 44 a) Rim and flowline eievations and coordinates for each 45 manhole 46 2) Water Lines 47 a) Top of pipe elevations and coordinates for waterlines , 48 at the following locations: 49 (1) Minimum every 254 linear feet, including CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 31,2017 017123-5 .,� CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 (2) Horizontal and vertical points of inflection,curvature, 2 etc.(All Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults(All sizes) 5 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs,stub-outs,dead-end lines 10 (la) Air Release valves(Manhole rim and vent pipe) 11 (11) Blow off valves(Manhole rim and valve lid) .. 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe(each end) 15 (15) Cathodic test stations 16 3) Stormwater—Not Applicable 17 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY 20 PART 2- PRODUCTS ,. 21 A. A construction survey will produce,but will not be limited to: 22 1. Recovery of relevant control points,points of curvature and points of intersection. 23 2. Establish temporary horizontal and vertical control elevations(benchmarks) 24 sufficiently permanent and located in a manner to he used throughout construction. 25 3. The location of planned facilities,easements and improvements. 26 a. Establishing final line and grade stakes for piers,floors,grade beams,parking 27 areas,utilities,streets,highways,tunnels,and other construction. 28 b. A record of revisions or corrections noted in an orderly manner for reference. 29 c. A drawing,when required by the client, indicating the horizontal and vertical 30 location of facilities,easements and improvements,as built. 31 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 32 construction staking projects.These cut sheets shall he on the standard city template .. 33 which can he obtained from the Survey Superintendent(817-392-7925). 34 5. Digital survey files in the following formats shall he acceptable: 35 a. AutoCAD(.dwg) 35 b. Text File(.txt) 37 c. ESRI Shapefile(shp) 38 d. CSV file(.csv) _ 39 5. Survey files shall include vertical and horizontal data tied to original project control 40 and benchmarks,and shall include feature descriptions 41 PART 3- EXECUTION 42 3.1 INSTALLERS CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Numher 00593 Revised August 31,2017 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 A. Tolerances: 2 1. The staked location of any improvement or facility should be as accurate as practical 3 and necessary.The degree of precision required is dependent on many factors all of 4 which must remain judgmental.The tolerances listed hereafter are based on 5 generalities and,under certain circumstances,shall yield to specific requirements. 6 The surveyor shall assess any situation by review of the overall plans and through 7 consultation with responsible parties as to the need for specific tolerances. 8 a. Earthwork:Grades for earthwork or rough cut should not exceed 0.1 ft.vertical _ 9 tolerance.Horizontal alignment for earthwork and rough cut should not exceed 10 1.0 ft. tolerance. 11 b. Horizontal alignment on a structure shall be within.0.1 ft tolerance. 12 c. Paving or concrete for streets,curbs,gutters,parking areas,drives,alleys and 13 walkways shall be located within the confines of the site boundaries and, 14 occasionally,along a boundary or any other restrictive line.Away from any 15 restrictive line,these facilities should be staked with an accuracy producing no 16 more than 0.05ft.tolerance from their specified locations. 17 d. Underground and overhead utilities,such as sewers,gas,water,telephone and 18 electric lines,shall be located horizontally within their prescribed areas or r„ 19 easements.Within assigned areas,these utilities should be staked with an 20 accuracy producing no more than 0.1 ft tolerance from a specified location. 21 e. The accuracy required for the vertical location of utilities varies widely.Many 22 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 23 should be maintained.Underground and overhead utilities on planned profile, 24 but not depending on gravity flow for performance,should not exceed 0.1 ft. 25 tolerance. 26 B. Surveying instruments shall be kept inclose adjustment according to manufacturer's 27 specifications or in compliance to standards. The City reserves the right to request a 28 calibration report at any time and recommends regular maintenance schedule be '* 29 performed by a certified technician every 6 months. 30 1. Field measurements of angles and distances shall be done in such fashion as to 31 satisfy the closures and tolerances expressed in Part 3.I.A. -* 32 2. Vertical locations shall be established from a pre-established benchmark and 33 checked by closing to a different bench mark on the same datum., 34 3. Construction survey field work shall correspond to the client's plans. Irregularities 35 or conflicts found shall be reported promptly to the City. 36 4. Revisions,corrections and other pertinent data shall be logged for future reference. 37 38 3.2 EXAMINATION [NUT USED] 39 3.3 PREPARATION [NOT USED] 40 3.4 APPLICATION 41 3.5 REPAIR/RESTORATION 42 A. If the Contractor's work damages or destroys one or more of the control 43 monumentstpoints set by the City,the monuments shall be adequately referenced for 44 expedient restoration. w CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 31,2017 017123-7 .� CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 1. Notify City if any control data needs to be restored or replaced due to damage 2 caused during construction operations. 3 a. Contractor shall perform replacements and/or restorations. 4 b. The City may require at any time a survey"Field Check"of any monument 5 or benchmarks that are set be verified by the City surveyors before further 6 associated work can move forward. 7 3.6 RE-INSTALLATION [NOT USED] 8 3.7 FIELD[OR] SITE QUALITY CONTROL 9 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 10 City in accordance with this Specification. This includes easements and right of way,if I I noted on the plans. 12 B. Do not change or relocate stakes or control data without approval from the City. 13 3.8 SYSTEM STARTUP 14 A. Survey Checks 15 1. The City reserves the right to perform a Survey Check at any time deemed 16 necessary. 17 2. Checks by City personnel or 3'd party contracted surveyor are not intended to relieve -• 18 the contractor of his/her responsibility for accuracy. 19 .. 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.1.1. CLOSEOUT ACTIVITIES[NOT USED] 23 3.1.2 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.1.4 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 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. 28 r CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised August 31,2017 w 017423-1 CLEANING w Page I 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- ]1 o:11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13—Hydro-Mulching,Seeding and Sodding I4 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 f 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 SURNIITTALSAN)FORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] w 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. -� C1TY OF FORT WORTH Live Oak Cormector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July I,2011 w, 01 7423-2 CLEANING Page 2 of 4 l 1.11 FIELD[SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED loR] 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 INOT USED] 12 2.4 SOURCE QUALITY CONTROL[NOT USEDI 13 PART 3- EXECUTION dw 14 3.1 INSTALLERS [NOT USED] .. 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USEDI 18 3.5 REPAIR 1 RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD loR] SITE QUALITY CONTROL[NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USEDI '~ 23 3.10 CLEANING 24 A. General w 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 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 I I 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 containers): 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. 34 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 017423-4 CLEANING Page 4 of 4 1 4. If no longer rewired 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 USEDI 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USEDI S END OF SECTION 9 Revision Log DATE NAME SUMMARY OF C14ANGE 10 CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2411 .r 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 01 77 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection,submit: •• 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data,if required,in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor, in 19 writing within 10 business days,of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City,immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City,in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. rt 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 "R 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 CrrY OF FORT WORTH Live Oak Connector STANDARD CONSTRUC11ON SPECIFICATION DOCUMENTS City Project Nwnber 00593 Revised July I,2011 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) I I 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 I5 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 I RESTORA'T'ION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD[opt] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP[NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] w 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 Lag DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH Lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 01 78 23-1 OPERATION AND MAINTENANCE DATA Page I of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include,but are not limited to: 9 a. Traffic Controllers •. I0 b. Irrigation Controllers(to be operated by the City) I I c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 16 2. Division I —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment I9 1. Work associated with this Item is considered subsidiary to the various Items bid. 24 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 '/z inches x 11 inches 34 b. Paper ,r 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 Live Oak Cormector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 so 017823-2 OPERATION AND MAINTENANCE DATA *� Page 2 of 5 I 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 -r 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 01 7923-3 OPERATION AND MAINTENANCE DATA Page 3of5 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 b 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 l) 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 l) 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 w 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number06593 Revised December 20,2012 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: 5 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 1 I 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 I7 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 25 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 [NUT 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 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,I—title of section removed 8 MR CITY OF FORT WORTH lave Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised December 20,2012 017839-1 PROJECT RECORD DOCUMENTS Page I o€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 14 c. Sanitary Sewer Service Reports .. I I 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 I —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. .. 25 1.5 ACTION SUBMITTALSAN FORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 34 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents,making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1,2011 w 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 I2 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] Ib 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. .lob 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 S. 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] w 27 2.4 SOURCE QUALITY CONTROL[NOT USED] 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NUT 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-JOS SET". CITY OF FORT WORTH Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July I,2011 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. b 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 7123, 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 15 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 25 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 Live Oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00593 Revised July 1.2011 w 017839-4 w PROJECT RECORD DOCUMENTS Page 4 of4 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 dw 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 1 RESTORATION [NOT USED] 15 3.6 RE-INSTALLATION [NOT USED] .. 16 3.7 FIELD[OR] SITE QUALITY CONTROL[NOT USED] 17 3.8 SYSTEM STARTUP[NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] ++ 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revision Log DATE NAME SUMMARY OF CHANCE 26 CfTY OF FORT WORTH Live oak Connector STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 04593 Revised July 1,2011 APPENDIX - DBE FORMS Q M _ 0�- C Q 0] v y Q � D = m a)W = OJ 47 _ .3 m O) .� a) .0 C m al � N [] r D E 7 N O � � •N ° O o ( N g R�7 K r C 0 M ` 0] C y L fC ` 7 Q' m y C a y d C C ❑ x 4) r H C h a [] Q y D .E Li IC r� ❑ a) 19 t ar D 7 t4 � Z Ew c � �, 00 Nay QQ 0 � = � � ,c0 � ❑ D CL D � C ep pa 'E Up WW � Z Dn �+D C � U � fl aux QC o y w sa = D s ° +. a) a aC A U 41 U C Q W N Y ❑ 7 LI � ra N❑ •N CW ND0 ❑ _D 6C ❑ � ❑ ❑a Li >1 N D D 0) M m QCN � O a w 14 CV) L v cY3 O LL 2) Hy ❑ U [p 1p 3 N D w7LD ❑ _ C.3 3 i N E ❑ 'L w D Q N 07 m Ga A mea o ay -f � D Y a. 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C ( w N um w c 0 [r] r am IL Q. ❑ m w m e ut M s (A ri N �[w = 3 = c w cc L mo `° +r o ❑ = 3 ua 7 ❑w o o n o tai m a E M w M m N ° ° a] p C%4 ° � ❑ � 0 c $ m Q a W ❑ U � C > � OB c Q C = _ 0 Y E L d to LD =s E �_ U = _ U.JZ MMOa) t L O 24 c 0--w, � m 61) L U a -a wOL N C— mN5 E � x tea p NNcoca = '- -i Q LU V) C Tw 0 V p e!7 - U -� !t c SSS M Coto o r� LD LD [ts .� a = Q [� F a,a; y� a] J Lav , rr7 E O k ni m c N [[s r r Q-ia— 0 7, cn m v "� ►` lm- 0r c ca �] H 'o CD 4E) wp 2rwmm rno[7 CL22cow E2 wy m, 2 a m- 20 o o m « m y ❑ a+ ❑ d a ca CO 0 co cwwN 0 CL CL 2 CL ccrm., U Ea �_' R = m E o cc 'tea s exa E a 2 Q 0- U- w 0 2 Q [L IL w 0 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 s u bc o ntra cting goaI 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 IBE 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 fallowing: 1. Meet or exceed the above stated DBE goal through QBE subcontracting participation, or 2. Meet or exceed the above stated DBE goal through QBE 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 open in date, exclusive of the bid o eni ng date. 2. Good Faith Effort and Subcontractor received no later than 2:a0 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 MSE participatiorv. after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you wilt received no later than 2:00 p.m.,on the second City business day perform ail subcontractin IsuppIier 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) 212-2574. w Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH DBE Joint Venture Eligibility Form All questions must be answered,•use"NIA"if not applicable. Name of City project: •- A joint venh=form must be completed on maproject UP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (Ifapplicable) Telephone: Facsimile: E-mail address; .. Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets it 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 w+ name, name: Business Address; Business Address: City,State,Zip City,State,Zip; w. Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address w 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: w. Rev.2110115 Joint Venture Page 2 of 3 3.What is the percentage of DBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture 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 (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel W 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 amounts/percentages change from the originally approved information, then the participants must inform the City's MMIBE 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.2/10115 Joint Venture Page 3 of 3 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 firm Mamof e non-DSE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature orowner Signature of Owner Title Title Date Date -- Notarization State of County of -- On this day of ,20 , before me appeared w and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seal) Rev.2110115 ATTACHMENT 1 B Fo R T Wv RT H 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 PROJECT NAME: MANIDBE11 NON-MWIDBE BID DATE City's DBE Project Goal: Offeroes DBE Project Commitment: PROJECT NUMBER % % If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1 C. This forth is only applicable if forth answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 p.m.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 Signature .. Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.2110115 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: MIWIDBE NON-MNWDBE BID DATE City's DBE Project Goa L• Offeror's❑BE Projact 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.y 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 I Rev.2110115 ATTACHMENT 1 C all Page 2 of 4 2.) Obtain a current(not more than two (2) months old from the bid open date) list of DBE subcontractors andlor suppliers from the City's MIWBE Office. Yes Date of Listing I I No 3.) Did you solicit bids from DBE firms,within the subcontracting andlor 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 andlor 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 5.) Did you solicit bids from DBE firms,within the subcontracting andlor 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 time 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 andlor"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from DBE firms,within the subcontracting andlor 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 andlor"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 be in compliance with questions 3 thru 6. 7.) Did you provide plans and specifications to potential DBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the DBEs? Yes No T Rev.2110115 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the DBEs to bid on goods1services 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 MIWBE 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. — (Pie se 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. 2110/16 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 MNVBE Office. 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'r- C3 C') a iJ 4 c 'r o _ •a E r E o M t E c Z a QLLWL) z a rxrzwi] APPENDIX GEOTECHNICAL ENGINEERING REPORT srflL ENGINEERS - GEOTECHNICAL ENGINEERING REPORT FORT WORTH QUIET ZONES LIVE OAK CONNECTOR FORT WORTH,TEXAS Prepared For. HNTB CORPORATION 301 CONGRESS AVENUE, SUITE 600 AUSTIN,TEXAS 78701 — ATTN: Mr.JOSHUA MIETH, P.E. .LUNE 2009 PROJECT NO. 07-1194 ST ENGINEERS June 5, 2009 Mr.Joshua Mieth, P.E. Senior Staff Engineer HNTB Corporation 301 Congress Avenue, Suite 600 Austin, Texas 78701 Re: GEOTECHNICAL ENGINEERING REPORT FORT WORTH QUIET ZONES LIVE OAK CONNECTOR HNTB PROJECT NO. 46378-D5-001 FORT WORTH, TEXAS ©ear Mr. Mieth: Southwestern Vesting Laboratories, L.L.C., dba ST Engineers(ST L)1s pleased to provide the results of a geotechnical' investigation conducted for the referenced project. This investigation was performed in accordance with the scope outlined 1n the Master Agreement between HNTB Corporation (HNTB) and ST dated July 1, 2008, containing STL's Task ❑rder No.1 (Peach Street Area) that was authorized by - Mr. Robert J. Slimp, P.E. of HNTB on January 7, 2009. Engineering analyses and recommendations are contained in the narrative section of the report. Results of our field and laboratory investigation are submitted in detail in the text and Appendix section of the report. .. We appreciate the opportunity to be of service to you on this project, and the opportunity to provide materials engineering-testing and geotechnical observation services during the construction phase of this project. Please contact us if you hav%��tNestions or require any additional services, s�tc il OF Respectfully Submitted, w C2.4P• .�� ��� 1'�° STL En ineers ,• *�� ELIE A.GHA*� CUM r .. r 31400 fx GAS,E & Ztun Elie Al rt Ghannoum, P.E. ��j3 Scott M. Pettit P.E. Senior Engineer Vice Preside Copies Submitted- 3 Geotechnical Engineering Er viror mental Consulting • Construction Materials Testing 8908 Ambassador Row•Dallas,Texas 75247•Tel: 214-630-3800■Fax:214-630-3696 www.stlengineers.com WNBE•DBE• HUB•HUSZone ST ENGINEERS TABLE OF CONTENTS Page INTRODUCTION......................... ...1 t I PURPOSES AND SCOPE OF STUDY......................................................................................1 r FIELD OPERATIONS AND LABORATORY TESTING.................................................•---•- .....1 ' GENERAL SITE CONDITIONS.................................................................................................2 ANALYSIS AND RECOMMENDATIONS ............................... .4 RECOMMENDATIONS FOR PLACEMENT OF CONTROLLED EARTHFILL.......................19 CONSTRUCTION OBSERVATIONS .............................. REPORT CLOSURE.....--..............-......................—. . .............--------------------------...------------•22 APPENDIX A Plate r BORING LOCATION PLAN ............................ ...---..............A.1A GENERALIZED UBSURFACE PROFILE............................................................................A.1B LOGS OF BORING................................................. ..A.2-A.9 KEY TO CLASSIFICATIONS AND SYMBOLS...... ........................................................ A.10 UNIFIED SOIL CLASSIFICATION SYSTEM......................................•...._....___....................A.11 SWELL TEST RESULTS .._...A.12 ............................................................................................... -� T ENGINEERS APPENDIX B paqe FIELD OPERATIONS.................. ............................... B-9 LABORATORY TESTING APPENDIX C PAVEMENT DESIGN &SOLUBLE SULFATES TEST RESULTS w w '60'4kl S T w ENGINEERS GEOTECHNICAL ENGINEERING REPORT FORT WORTH QUIET ZONES LIVE OAK CONNECTOR FORT WORTH,TEXAS .. INTRODUCTION The proposed Live Oak Connector(Site)will consist of constructing a new roadway connecting Live Oak Street at East Belknap and East 41h Streets. The new roadway will run between Live Oak Street and the existing Union Pacific railroad tracks in Fart Worth, Texas. The project will include a 1,600 feet long roadway. Either mechanically stabilized earth (MSE) or conventional cast-in-place concrete retaining walls will be constructed along both sides of the roadway from about tad Street to East 4th Street. The w MSE/concrete cast-in-place retaining walls associated with the project will have heights ranging from about four feet at 2nd Street to about 22 feet at East a Street. The general location and orientation of the site is presented on the Plan of Borings, Plate A.1A in Appendix A of this report. w PURPOSES AND SCOPE OF STUDY w The principal purposes of this investigation were to evaluate the general subsurface conditions at the Site -� and to develop geotechnical recommendations for the design and construction of pavement subgrade; MSE/concrete cast-in-place retaining walls, and associated foundations_ To accomplish its intended purposes, the study was conducted in the following phases. (1) clear existing utilities; (2) drill sample borings to evaluate the soil conditions at the boring locations and to obtain soil and rock samples, (3) conduct laboratory tests on selected samples recovered from the borings to establish the pertinent w engineering characteristics of the subsurface materials;and(4)perform engineering analyses,using field and laboratory data,to develop design criteria. FIELD OPERATIONS AND LABORATORY TESTING Subsurface conditions were evaluated by a total of eight(8)sample borings advanced to depths ranging w from 15.5 feet to 34 feet below existing ground surface (bgs). Boring B-1 was drilled north of Belknap Street; B-2 was advanced just south of Weatherford Street; B-3 was advanced at Live Oak Street Project No.07-7794 Page 1 w ST ENGINEERS between 1 St Street and 2nd Street; B-4 was advanced between the proposed road alignment and the existing rail road track and between 1" and 2`d Streets; B-5 was advanced along the proposed road alignment between 2nd and 3 I Streets; B_g was advanced on 3`d Street between Live Oak and Hays Streets, and finally, Borings B-7 and B-8 were advanced near East 4th Street between Hays Street and the existing railroad track. Borings B-1 through B-8 were utilized forthe design of pavement subgrade. Barings B-5 through B-8 were utilized for the design of the MSE/concrete cast-in-place retaining wall foundations. The borings were advanced on February 11, 2009 through February 13, 2009, The approximate locations of the borings are shown on the Plan of Borings, Plate AAA. Generalized Subsurface Profile of the proposed alignment is shown on Plate A.1 B. Sample depths, descriptions of soils/rock, and classifications (based on the Unified Soil Classification System) are presented on the Drilling Logs, Plates A.2 through A.9. Keys to terms and symbols used on the logs are shown on Plates A.10 and A.11. Laboratory tests were performed on selected samples recovered from the borings to verify visual classification and determine the pertinent engineering properties of the soils encountered. Classification and strength test results are presented on the Logs of Boring. Descriptions of the procedures used in the field and laboratory phases of this study are presented in Appendix B of this report. GENERAL SITE CONDITIONS Surface Condi lona The proposed Live Oak Connector alignment will pass through a partially developed area bounded by Belknap Street on the north, East 411' Street on the south, Live Oak Street on the east and the Union Pacific railroad tracks on the west, in Fort Worth, Texas. Existing utilities are known to exist along the proposed street alignment. Geology Based on published geology maps and the soils encountered at the borings,the site is generally located in the following geological formations: Project No.07.1194 Page 2 ENGINEERS Qt: Fluviatile terrace deposits that mostly consists of gravel, sand, silt, and clay. Kfd: Fort Worth Limestone that mostly consist of limestone and clay. The clays are calcareous. The limestone consists of 0.2 to 2 feet thick beds and becomes thicker and more massive southward, The presence of the above two distinct geological formations along the proposed alignment (i.e. Fluviatile terrace deposits north of 1 St Street and Fort Worth Limestone south of 1 St Street) will require different pavement subgrade preparation. Subgrade preparation requirements are discussed in detail in the Analysis and Recommendations section of the report. Subsurface Soil Conditions Descriptions of the various strata and their approximate depths and thicknesses are shown on the boring logs. A brief summary of the stratigraphy encountered in each of the borings is given below: Fill material consisting of asphalt, base and silty clay, is present from the surface to about one to two feet bgs. The fill material is present in all of the borings with the exception of Borings B-7 and B-8, Bel owthe fill,and in Borings B-1 and B-2 specifically,very stiff to hard dark brown to light brawn silty clay to clay with calcareous nodules and limestone fragments is present from the surface to depths of about 12 to 15 feet bgs. In Borings B-4, B-5, B-7 and B-8, the clays extended below the ground surface to depths ranging from one foot to about four feet. The Plasticity Index(Pi)of the clay samples tested at the boririgs -. ranged from 17 to 43, indicating low to very high soil plasticity. A high Plasticity Index is generally associated with a high potential for swelling with changes in moisture. The unconsolidated undrained triaxial strength of the clay soils ranged from about 1,872 pounds per foot (psf)to 28,555 psf. In Borings 8-1 and B-2, the clays are followed by medium dense light brown sand to the boring termination depth of about 15 feet bgs. The Standard Penetration Test(SPT) performed on the sands ranged from 24 to 25 blows. In Borings B-3 through B-8,tan weathered limestone with clay and shale seams and partings is present — at the surface and in some borings extended below the clays to depths ranging from 15 to 15 feet bgs. Project No.07-1194 Page 3 ST ENGINEERS In the weathered limestone,the Texas Department of Transportation's Cone Penetrometer Test(TCP) indicated penetrations ranging from about 0.25 to 5 inches penetration for 104 blows. In general, gray limestone is present below the tan weathered limestone. The TCP test indicated penetrations ranging from about 0.25 to 1.5 inches penetration for 100 blows. The measured unconfined compressive strength of the gray limestone ranged from about 25,520 psf to 458,928 psf. Based on the above compressive strengths,portions of the gray limestone are considered very hard and may require special equipment (rippers)to excavate. Groundwater The borings were advanced using augers and rotary wash drilling equipment including continuous and semi-continuous sampling methods in order to observe groundwater seepage levels. Groundwater was not encountered in the borings. Although free water was not encountered in the borings, experience indicates that following periods of rain, perched water table conditions can develop in fractures in rock and fissures in the overlying clays. These groundwater conditions can result in seepage into excavations. Furthermore, groundwater and seasonal fluctuations in the groundwater level may occur due to variations in rainfall. Future construction activities may alter the surface and subsurface drainage characteristics of this site. It should be noted that it is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations, ANALYSIS AND RECOMMENDATIONS Pavement Sulhgrade Recommendations STL understands that Portland cement concrete (PCC) pavement is being considered for the new improvements. Our design was performed using the AASHTO Guide for the Design of Pavement Structures in accordance with the City of Fort Worth Pavement Design Standard Manual. As a first step in the design process,the swell potential of the subgrade soils was evaluated. Swell ratios were calculated, based upon the free swell test results,and the thicknesses of the potentially active clay Project No.074194 Page 4 -� T ENGINEERS soil strata. The calculated swell ratios are tabulated on Plate A.12. 'Tests taken in portions of the proposed street alignment resulted in swell ratios of 1,0 or greater. Lime treatment of the subgrade soils will be required in accordance with the requirements of the Manual. Based on information provided by HNTB,the proposed street will be classified as a Collector street. STL has performed pavement analysis using an annual Equivalent 18-kip Single Axle Load (ESAL) of 100,000 in one direction. The annual Equivalent 18-kip ESAL of 100,006 in one direction is based on the street classification as presented in the manual. A 25-year design life and a growth rate of 1.5 percent were used in our analyses as required in the manual. A composite CBR value was estimated using a laboratory determined CBR value of Zia for the lime treated subgrade (adjusted CBR of 14), and a thickness of 6 inches for the treated layer. Unconsolidated-undrained triaxial tests were performed on selected clay samples recovered. Shear strength values from the tests were correlated with California Bearing Ratio (CBR) values, and residual modulus values as presented in Plate B.1 of the City of Fort Worth Pavement Design Standards Manual. The CBR values were estimated to be approximately 0.62 times the undrained shear strength(in pounds per square inch (psi)) of the soils tested. T Based on that relationship, and using the lowest soil strength in the borings,the CBR value estimated for the northern portion of the proposed street alignment was 4 far the natural soil subgrade. For sections of the street alignment which will require subgrade stabilization,the composite CBR value was estimated using a laboratory determined CBR value of gra for the lime treated subgrade (adjusted CBR of 14), and a thickness of 6 inches for the treated layer. The calculated composite CBR value was estimated at 11 forthe 6 inch thick lime stabilized subgrade. CBR value with the corresponding Resilient Modulus is presented in the table below. Project Ho.OT-1194 Page 5 ENGINEERS w Natural Subgrade B"Thick Lime Stabilized Subgrade Stabilized over Natural Soil Subgrade Estimated Estimated Estimated Estimated Required? CBR Resilient Composite Resilient Modulus CBR Modulus (psi) si Yes 4 5040 11 9980 For southern sections of the street alignment where cuts will expose the limestone(i.e. from about Is' Street to 41'Street)an estimated roadbed resilient modulus of about 20,000 psi was used in our analysis for the limestone subgrade. Pavement Design Recommendations y A rigid pavement design for the proposed street alignment was performed using 1993 AASHTC design equations and the DARWin Pavement Design and Analysis System. The results of our analysis are attached to this report. For the PCC pavement design, the following design inputs were used.- Pavement sed;Pavement Type—Jointed Reinforced Concrete Pavement 18-kip ESAL over Initial Performance Period (25 years)—3,051,500 (%1.5 Growth) Initial Serviceability—4.5 Terminal Serviceability—2.0 28-day Mean PCC Modulus of Rupture—550 psi 28-day mean elastic modulus of Slab—4,400,000 psi Reliability Level—80% Loss of Support (LS)--2 Overall Standard Deviation--4.35 Load Transfer Coefficient, J—3.0 Overall Drainage Coefficient, Cd--0.7 (see note below) Mean Effective k-value—estimated by the program based upon the input Resilient Modulus Note: For PCC pavements constructed directly on clay subgrade or stabilized clay subgrade,the quality of drainage was assumed to be"very poor",resulting in the overall drainage coefficient of 0.7 shown above. Project No.07-1194 Page 6 ENGINEERS Our recommended pavement section is presented in the following table: Subgrade Thickness of Preparation Pavement in 6" Lime Stabilized 8% lime 10 t36 Ib. /s.y.) Limestone subgrade will be present from about I"Street to 41h Street, however, our analysis produced, for all practical purposes, a similar pavement thickness. The results are included in Appendix C. Jointed Reinforced Concrete Construction Recommendations The pavement should be adequately reinforced, with expansion, contraction, dummy saw and construction joints as required in Section 4 of the City of Fort Worth Manual. The spacing of the joints will depend primarily on the type of steel reinforcement used. However, STL recommends No. 3 steel rebar spaced at 12 inches center-to-center in both the longitudinal and transverse directions. it is our experience that dummy sawjoints of 12-to 15-foot spacing and saw cut to a depth of at least one-quarter of the pavement thickness, in both the longitudinal and transverse directions have generally exhibited less uncontrolled post-construction cracking than pavements with wider spacing. Frequent use of expansion and contraction joints will improve pavement performance. For Portland cement concrete{PCC}pavement,concrete with a minimum 28 day compressive strength of 3,560 pounds per square inch should be used. The coarse aggregate in the concrete should consist of crushed limestone rather than rounded gravel. For portions of the alignment north of 1't Street, STL recommends lime stabilization of the subgrade using a minimum of 8 percent lime as shown(by dry soil weight)to a depth of 6 inches(48 pounds per square yard, respectively), Lime stabilization should be performed in accordance with Item STS 624 of the City of Fort Worth Pavement Specification. From about I" Street to 4th Street, planned excavations will expose the limestone subgrade. Lime w Project No.07-1184 Page 7 STL ENGINEERS stabilization is not required in the rock subgrade. Water can infiltrate beneath the pavement through granular materials used for aggregate bases and utility line embedment, and can cause differential movement in the pavement. All utilities should have clay plugs at the edges of the pavement to reduce the risk of moisture access. Pavement Subgrade Preparation _ All topsoil, vegetation, and any unsuitable materials should be removed. The pavement subgrade should be proof rolled with a fully loaded tandem axle dump truck or similar pneumatic-tire equipment to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled;the proofroll should be performed pricrto placement of engineered fill. a— Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, or moisture conditioned (dried or wetted, as needed) and compacted in place. Where bedrock is present at cut subgrade, the limestone should be undercut to a minimum depth of 8 inches and replaced with lime stabilized soil or crushed limestone Flexible base,which conforms to Type A, Grade 1, Item No. 247, of State Department of Highways and Public Transportation (SDHPT), 2004 Standard Specifications for Construction of Highways, Streets, and bridges. The base should be compacted to 98 percent of the maximum dry density determined using SDHPT Test Method Tex-113-E. In addition allowance should be made at the interface between the rock and the subgrade soils to control differential settlement and pavement cracking between the two different materials. If desired,weathered and unweathered limestone from excavations can be used in place of flexible base. The rock fill should be free from rock fragments largerthan four inches and should contain 20 to 40 percent material passing the No.49 sieve. Soil fines in the rock fill should have a PI less than 20. Rock fill should be placed in an 8-inch lift at moisture content at optimum to four percentage points above optimum to facilitate processing operations. Grading and compaction of pavement subgrade should follow the recommendations in section "Recommendations for the Placement of Controlled Earth Fili", below. The final grades must be such that drainage is facilitated, and access of surface water to the subgrade materials is prevented. Project No.07-1194 Page 8 ENGINEERS Soluble Su#fates in Pavement Subgrade From our experience, relatively high concentrations of soluble sulfates can be encountered randomly throughout the Dallas-Port Worth Metroplex. Soluble sulfates can react with lime or cement,water,and clay minerals to create a new mineral called ettringite. Ettringite expands in volume upon formation, .r which can create heaving in the chemically-treated portion of the pavement subgrade. This sulfate- induced heave of the chemically-treated subgrade can manifest itself as slightly elevated and elongated mounds (commonly called "gopher trails") or blocks of clay subgrade thrust up and over adjacent subgrade. If present, soluble sulfates can occur in relatively small and randomly spaced locations. Analytical testing was performed to aid in risk assessment of sulfate-induced heave occurring. Analytical test results showing soluble sulfate concentrations greater than about 2,004 to 3,000 ppm are indicative of elevated risk of heave occurring. Soluble sulfate tests were performed on samples recovered from Barings B-1,B-2, B-4, B-5,B-7 and B- 8,within the upper four feet. The sulfate tests performed on samples recovered from this site resulted in a measured concentration of less than 250 ppm(mg/kg in dry weight basis). The results are significantly below the 2,040 ppm criteria, and therefore, the risk of sulfate induced heave is considered low. The soluble sulfate test results are included in Appendix C. If lime treatment subgrade stabilization option is used,the pavement subgrade should be kept moist and observed for sulfate-induced heave. Ira the unlikely event heaving occurs, remedial measures will be-- required. Remedial measures could include another application of lime, or removal of the affected material and replacement with suitable fill material. STL should be contacted for further evaluation and recommendations if sulfate induced heave of treated subgrade occurs. Temporary Excavations All excavations must comply with the current federal OSHA requirements. All cuts greater than 4 feet in depth should be sloped and/or shored. Based on criteria presented in 29 CPR, Part 1926, Subpart P, soils, shale and weathered limestone at the site are considered to fall in the Type 8 classification. Temporary excavations in clay,shale and weathered limestone,open less than 24 hours,may be sloped at 1-Horizontal to 1-Vertical (1 H: 1 V) or flatter for depths not exceeding 12 feet. Flatter slopes will be required if granular and/or loose soils are encountered along the slope face. Gray limestone can be Projed No.07-1194 Page 9 ENGINEERS considered"stable rock". However,shoring will probably be necessary where fractures are encountered in the gray limestone. During wet weather, runoff water entering the excavation should be disposed of appropriately. To prevent runoff from adjacent areas from entering the excavation,a perimeter berm may be constructed at the top of the slope. Some sloughing of the slopes and surface cracking behind the excavation should be anticipated. Clay soils at the site can be excavated using backhoes and other common excavating equipment.Where shale or limestone is present,heavy backhoes,scrapers,dozers with hydraulically operated rippers may be necessary. Seepage should be anticipated at the soil, shale and limestone contacts and within fissures in the clay. The seepage should be controllable using sump pumps_ Since temporary cut slopes and support systems are the sole responsibility of the contractor,statements relating to temporary slope and support requirements herein are provided only as opinions and are to be used primarily to estimate excavation costs. In Texas, the contractor must provide deep-cut systems detailed by a professional engineer registered in the State of-Texas. Permanent Excavations Permanent excavations where soil, shale and weathered limestone are encountered should be cut at slopes of 3-Horizontal to 1-Vertical (3H: 1V) or flatter. Slopes excavation at a 3H: 1V or flatter will limit sloughing. Where gray, less weathered, limestone is encountered, we recommend cutting the excavation at slopes of 2-Horizontal to 1-Vertical (2H: 1V)or flatter. Benching can also be utilized. We recommend slope paving be used to control sloughing and control erosion. If slope concrete paving is used, weep holes should be incorporated in the paving and 12-in. granular drainage - blanket of ASTM C-33 size No. 67 coarse concrete aggregate should be placed behind the pavement to prevent building of unbalanced water pressures. Indications are the cuts can be accomplished relatively economically with scrapers, heavy dozers w (Caterpillar D-8 or 9 or equal) equipped with hydraulically operated rippers, heavy backhoes, Project Na.01-1194 Page 10 NT ENGINEERS hcerams, etc. Excavations and cuts in very hard limestone should be expected to be slow. Retaining Walls — STL understands that HNTB Corporation would like to explore two retaining we 11 options, The first option is a concrete cast-in-place retaining wall. The second is an MSE retaining wall option. Design criteria for both options are discussed below. Foundations. At anticipated excavation grades, retaining wall foundations will be in the tan or gray limestone. The following table presents net allowable bearing capacities and recommended bearing stratum penetrations: Minimum Penetration Net Allowable Bearing Pressure, psf _ Formation (inches) _ Continuous Tan Limestone is 5,500 Gray Limestone 12 17,000 The above allowable net bearing pressures include factors of safety greater than about three to limit settlement to less than about one percent of the foundation width. Eccentric Loads Retaining wall foundations will be subjected to eccentric or overturning loads. The foundations should be proportioned to limit toe pressures to the allowable bearing pressures given previously. An eccentricity not exceeding one-sixth of the foundation width (vertical resultant in middle third of foundation) is recommended to limit potential edge uplift. — Sliding Resistance Unbalanced lateral earth pressure loads on retaining walls will be resisted by passive earth pressure on the front edge of the footings and foundation base friction. Passive resistance in limestone can be calculated based on an equivalent fluid weight of 150 pounds per cubic feet(pcf). Passive resistance in shale can be calculated based on an equivalent fluid weight of 125 pcf. Passive pressure in the clay soils should be Project No.07-1194 Page 11 ST ENGINEERS ignored. If future construction could expose the footings, passive resistance should not be included in the footing design. Foundation friction forces should be calculated based on allowable coefficient of friction of 0.2 for gray shale and 0.3 in the tan weathered limestone and 0.4 in the gray limestone. The allowable passive earth pressure and base adhesion values include a factor of safety of about 9,5. Wall Backfill Materials and Lateral Loading Parameters The magnitude of the lateral pressures will depend on the type of soil that is being retained. Recommended lateral earth pressures expressed as equivalent fluids for rigid walls (non-yielding) and flexible walls (yielding) with drainage and without drainage are presented below. All surcharge loads should be multiplied by the respective lateral earth pressure coeff cients and added to the equivalent fluid pressure to determine the total lateral earth pressures acting on the below-grade walls. Project No.07-1194 Page 12 ENGINEERS Cast-in-place Concrete Retaining Wall Summary Soil Type Design At-Rest Pressure Moist Lateral Earth Equivalent Fluid Equivalent Fluid Density, Pressure Pressure Without Pressure With pcf Coefficient Hydrostatic Loading, Hydrostatic sflft Loading, soft Native Clay or 125 9.76 95 110 Compacted Fat Clay Backfill 4CL- CH Loosely 125 0.44 55 90 Compacted Granular Backfill Compacted Select 125 0.60 75 109 _Fill Sail Type Design Active Pressure Moist Lateral Earth Equivalent Fluid Equivalent Fluid Density, Pressure Pressure Without Pressure With pcf Coefficient Hydrostatic Loading, Hydrostatic sflft Loadin sflft Native Clay or 125 0.52 65 95 Compacted Fat Clay Backfill(CL- CH Loosely 125 0.27 34 79 Compacted Granular Backfill Compacted Select 125 9.33 42 83 Fill Site excavated clay backfill should be placed in loose lifts less than 10 inches thick,and compacted to a minimum of 95 percent of the material's maximum dry density using SDHPT Test Method Tex-114-E. The moisture content of the backfill should be at least 2 percent above optimum moisture content as determined by the above method. w Select fill should consist of a sandy clay or clayey sand with a liquid limit less than 35 and plasticity index between 5 and 15. The fill should be placed in loose lifts less than 10 inches thick,and compacted to a minimum of 95 percent of the material's maximum dry density(Tex-1 14-E). The moisture content of the select fill should be within 2 percentage points of the optimum moisture content as determined by the above method. Project No_07-1194 Page 13 STL ENGINEERS Granular backfill should consist of free-draining sand or gravel. The granular wall backfill should have a maximum particle size of 2 inches and not more than 5 percent passing the No. 200 Sieve, Compaction within 3 feet of the structure should be accomplished by light equipment. Compaction should proceed uniformly on all sides of the structure to prevent unbalanced loading. For the below- grade wall to be subjected to at-rest lateral earth pressure for granular sails or select fill, the granular backfill must extend out from the wall to a plane extending up from the base of the wall at an angle of at least 45 degrees from the vertical to the intersection of the plane with the ground surface. Long-term groundwater conditions at the site have not been evaluated. It would therefore be prudentto design the structure walls for full hydrostatic loading. The recommended design lateral earth pressures do not include lateral forces due to applied structural loads, sloping backf 11, and/or any other type of surcharge loading. Surcharge loads must be added to the lateral earth pressure load. Surcharges should be computed using the appropriate lateral earth pressure coefficient times the vertical surcharge pressure, applied as a constant lateral pressure over the full depth of the well. MSE Retaining Wall Recommendations The second option at the Site is to construct an MSE earth retaining structure at each side_,of the proposed alignment as part of the project. The MSE retaining walls associated with the project will have a maximum height of about 18 feet and will extend from about 2nd Street to East 4t' Street. Tne proposed MSE walls will be constructed starting at about Station 105+00 to about Station 100+50. The following table provides a summary of the locations of the walls, type, estimated maximum height, analysis performed,and critical sections analyzed, The following abbreviations are used in the table: SL —sliding, BC— bearing capacity, RF—rotational failure. Project No.07-1194 Page 14 ST ENGINEERS MSE Retaining Wall Summary Start End Wall Estimated Analysis Critical Station Station Type Maximum Section JApprox] (Approx) Height(ft) at Station 105+00 100+60 Cut/Fill 18 BC,RF,SL 101+80 In this study, and based on the profile provided by HNTB Corporation,the MSF wall foundation will be bearing on either tan or gray limestone bedrock and in our opinion, the global stability of the MSF structure is not a concern, and therefore, global stability analyses was not performed. The internal stability of the structures is the responsibility of the wall supplier. Our analyses included calculation of approximate factors of safety against Overturning, bearing capacity failure, sliding, local shear failure. As part of the analyses,it was necessary to characterize the soils which will support the structures. The w in-situ strengths of the limestone bedrock strata were evaluated by means of the results of TCP tests and unconfined compression tests. STL used the following design parameters in our analyses: • Lateral pressures on the reinforced mass were modeled using an active earth coefficient of 0.406 (worst case coefficient assuming fat clay retained backfill) • A horizontal backslope • A wall height of 18 feet ■ A width of reinforced zone of 12.6 feet, and ■ No surcharge load Usual practice in this area includes the use of drains behind MSF structures. In our analyses,all walls were considered drained (no hydrostatic pressures). Using methods outlined in Mechanically Stabilized Earth Walls and Reinforced Soil Slopes Design and '^ Construction Guidelines, Publication No. FHWA-NHI-00-043, U.S. Department of Transportation, Federal Highway Administration, March 2401,we checked critical sections of each wall with regards to ... four possible modes of failure: w Project No.07-1194 Rage Is ST ENGINEERS 1. Rotational Instability—We confirmed that the resultant of the bearing pressure beneath the reinforced section of each wall was within the middle 113 of the width of the section. 2. Sliding — We confirmed that the factor of safety against sliding of the reinforced mass exceeded 1.5. 3. Bearing Capacity—We confirmed that the factor of safety against a bearing capacity failure of the soils supporting the reinforced mass exceeded 2.5. 4. Local Shear—We confirmed that the wall weight per unit area was less than three times the undrained cohesion of the weakest supporting soil. Our analyses generally proceeded as follows for each wall: Vele first analyzed a wall cross-section in which the width of the reinforced section was equal to 70%of the wall height. This is the minimum width of reinforced section allowed under AASHTO specifications. • If the analysis indicate that the factor of safety against any of the four failure modes was not within the established limits, then one or more cross-sections with greater width to height ratios were checked(up to 1:1 minimum reinforcement length to wall height ratio), until the safety factor criteria were satisfied. w w Project No.07-1194 Page 16 w ENGINEERS MSE Retaining Wall Analysis Summary Wall Analyzed 4.7:1 Ratio Height of Wail 1$112.8 1 Width of reinforced zone(ft) Overturning Yes (reaction load within the middle 113 of reinforced zone?y Factor of Safety Against Sliding 2.0 (should exceed 1.5) Factor of Safety Against Bearing 110.2 Capacity Failure(should exceed 2.5) Local Shear Yes (Wall weight Less than 3 times cohesion of weakest supporting soil should exceed 1) _ Minimum Factor of Safety Against Not Analyzed Global Stability Failure TotaUEfFective(should exceed 1.3) _ Provision must be made in the design of all MSE structures to provide positive and permanent drainage of the reinforced zone and the retained soils behind the reinforced mass. It should be noted that the above analyses are based on preliminary information that HNTB has provided to STL. Final design information should be provided, so STL will have the chance to review, and if warranted, revise the above analysis. Temporary shoring or sloping of the excavations will be required at the specified areas of the MSE walls. The responsibility for parameter selection and design of such systems is the responsibility of the contractor. All excavations must be sloped, shored, or shielded in accordance with applicable Occupational Safety and Health Administration (OSHA)requirements. See temporary and permanent excavation sections of the report for more information. Recommendations STL performed the MSE wall analysis and are included in the previous section. Based on this analysis, Project No.07-1194 Page 17 w r ENGINEERS STL recommends from Station 106+00 to about Station 100+60, the MSE wall to be designed for a minimum reinforcement length to wall height ratio of 0.7:1 with no foundation soil improvement. Design and Construction of MSE Walls In general,MSE retaining walls should be constructed as specified in Tx©OT's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 2004, Item 423. Settlement of MSE Walls and Retained Embankment Settlement, both during and after construction,will affect the performance of the MSE retaining walls,the retained embankment materials, pavement, culverts, and other structures supported on or under the embankments_ Settlement will occur within the embankment fill materials due to self-weight. However, since the majority of the retaining wall will be constructed in cuts by excavating the limestone bedrock, settlement of the retained embankment is usually not a significant factor. Furthermore,settlement within .. the underlying undisturbed bedrock materials should be negligible and is ignored. Settlement of Embankment Fill Due to Self-Weight Select granular fill in the reinforced section of the MSE wall will generally settle during construction and placement of overlying lifts of fill. Therefore, the magnitude of settlement of granular fill with the MP reinforced section of the MSE wall is usually not a significant factor in this case. w Project No.47-1134 Page 18 w ENGINEERS RECOMMENDATIONS FOR THE PLACEMENT OF CONTROLLED EARTH FILL Site Grading Site grading operations,where required,should be performed in accordance with the recommendations provided in this report. The site grading plans and construction should strive to achieve positive drainage in all areas adjacent to pavement or retaining structures. Inadequate drainage around structures built on-grade may cause excessive vertical differential movements to occur. Preparation of Site Preparation of the site for construction operations should include the removal and proper disposal of all obstructions that would hinder preparation of the site for construction. These obstructions should include all abandoned structures, foundations, debris, water wells, septic tanks and loose material. It is the intent of these recommendations to provide for the removal and disposal of all obstructions not specifically provided for elsewhere by the plans and specifications. All concrete, trees, stumps, brush, abandoned structures, roots; vegetation, rubbish and any other undesirable matter should be removed and disposed of properly. All vegetation should be removed and the exposed surface should be scarified to an additional depth of at least 5 inches. It is the intent of these recommendations to provide a loose surface with no features that would tend to prevent uniform compaction by the equipment to be used. All areas to be filled should be disked or bladed until uniform and free from large clods, brought to moisture content between optimum and 4 percentage points above the optimum moisture value, and compacted to between 95 and 100 percent of optimum density as determined by Tex-I 14-E. Fill Materials Materials to be used for general site fill should consist of on-site material approved by the Soils Engineer. Imported general site fill should have a liquid limit less than 50 and should be approved by the Soils Engineer. There should be no roots,vegetation or any other undesirable matter in the soil and no rocks larger than 4 inches in diameter. The fill material should be placed in level, uniform layers, which, when -- Project No.07-1194 Page 19 w w ST ENGINEERS compacted, should have moisture content and density conforming to the stipulations called for herein. Each layer should be thoroughly mixed during spreading to provide uniformity of the layer. The fill thickness should not exceed 10-inch loose lifts. Prior to and in conjunction with the compacting operation, each layer should be brought to the proper moisture content as determined by the Tex-114-E. We recommend the clay soils be moisture conditioned to a moisture content that is between optimum and 4 percentage points above optimum. After each layer has been properly placed, mixed and spread, it should be thoroughly compacted to between 95 and 100 percent of Standard Proctor Density as determined by the Tex-114-E. Density Tests Field Density tests should be made by the Soils Engineer or his representative. Density tests should be taken in each layer of the compacted material below the disturbed surface. If the materials fail to meet the density specified, the course should be reworked as necessary to obtain the specified compaction. CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume ~' the subsurface conditions are similar to the conditions encountered in the borings. However, during construction quite often anomalies in the subsurface conditions are revealed. Therefore, it is recommended that STL Engineers be retained to observe earthwork and foundation installation and perform materials evaluation and testing during the construction phase of the project. This enables the _ geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contract directly with the project geotechnical engineer. Praject Na.67-1194 Page 20 ENGINEERS This results in a clear, direct line of communication between the owner and the owner's design engineers, and the geotechnical engineer. Project No.07-1194 Page 21 ST ENGINEERS RS REPORT CLOSURE — The analyses and conclusions contained in this report are based on site conditions as they existed at the time of the field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. This report has been prepared for the exclusive use of HNTB Corporation and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No warranty, expressed or implied, is made or intended. Project No.07-1194 Page 22 ST ENGINEERS APPENDIX A ' 2 C) e� a _ y CO aW . - m 5 2 2 3 — Lotn\ \ "\ n G � § 10 — 7ta § C2M 2 $ � §) 5 \ ƒ\ S a § � � ( � § 3§ L; 8 4 0w§ $ $ § _ | § 0. \ (LLL < � 2R . \ƒ 3 ¢ . — \ if \kCN ƒ$ | 2 2 CY IMI ° x b // %e< 0 b § � [ 22 E « CA /\ | }k /Ld # � § � cn § Ld L, M Ln F11 CIA Co ci U, 7 11� 'I e5 M 0 .01 *Q m0 P- N (IN im + + + 100 C� r"C3 W C3 mai in U, VW1 L� L� <t, Ln 0 M0 1--L, M (A -0 mv~io 580 3rd ST. II --570 W 540 530 115+00 1004-00 ASPHALT CLAY (silty, light brown, very stiff to hand, with calcareous nodal CLAY (radish brown to brown, hard, dry) LIMESTONE (weathered, maderotely hard. Nht brown) LIMESTONE Nightly weathered. hard. gray) SHALE (weathered, soft, gray) SAND (light brown. medium dense) Dato concerning subsurface conditions have been obtolned at boring locations only. Actual BASE conditions may vary from the generalized profile shown here. F-le PPOJECT NO: G7-1194 Pill FILE NAME: 071194.dwg DRAWN BY, HR DATE. 05-11-09 REVISED BY: DATE.* IREVISEDBY: DATE- ENGINEERS APPROVED BY: EG DATE. Project No. Boring No. Project Fort Worth Quiet Zone 07-1191 B-I ENGINEERS Driller Ground Elevation Location Fort Worth,Texas 562 Completion Completion Water Observations Depth 15,5, Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Anger ~av o m w o-- n M ; az .Stratum Description v _ � c m a E C] A 33 m � 3 "= am ur r-fs Q'isxa E m m u1 d °O 0 - Cr� � E roo 0o it-I 0m cc ,. a A inmate Surface Elevation:562.0 ft. [] w tY M m m a iiia'3 a 5 . U G z or > PHALT 3 inches 14 4.5+ Y,silty,light brawn,very stiff to hard,dry,with calcareous nodulus(CL) 72 44 17 27 1 12 107 4,5+ 5184 39 18 21 4.5+ -with send seams at 4 feet 33 16 17 11 99 4.5+ 5 63 9 12I 4.5+ 7344 12 4.5+ 39 9 10 26 14 547.4 15 .. ,light brawn,medium dense{SP} X 1 g N O Uj z Uf A �i � N 0 Y U 01 P LOG of BGRING No. B-I Plate A.2 1 EDrfiller ct No. Boring No. Project Fort Worth Quiet Zone 7-1194 B-•2 ENGINEERS Ground Elevation Location Fort Worth,Texas 572.5 Completion Completion Water Observations I]epth 15.5' Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Anger Q •L7 17 Q w Stratum Description °❑°CL r= Ux E a �+ m W d ❑� mm trE mE s� 0 i^m M A ximate Surface Elevation:572.5 fl. ❑ to � tY m m a rn :a.i a.i ELLE a c 0 3 x tr a=1 P FELL:CLAY,silty,reddish brown,very stiff to hard,dry, 20 3.25 with limestone fiagments and ooncrcte pieces(CL) 59 40 17 23 13 114 4.5+ 9360 w 570.5 CLAY,brown,had,dry(CH) 50 19 31 4.5+ 51 20 317 20 102 4.5+ 5 78 +14 106 4.5+ 11952 4.5+ 12 4.5+ 14 10 560.5 SAND,fight brown,medium dense(SP) 24 7 557.0 15 _ BOTTOM OF BOM NG r � w 0 ui r 0 a' c m l7 Y V LOG OF BOWNG NO. B-2 Plate A.3 w Project No. Boring No. Project Fort Worth Quiet Zone ST 07-1194 B-3 ENGINEERS Driller Ground Elevation Location Fort Worth,Texas 565 Completion Completion Water Observations w Depth 15.00 Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger M o r VJ t- 0 z00 Stratum Description e _ o u e0 13 T m W C7 0»000 W 6•-1 al; W E W'6 00 i:'� N m G C'C N A roximate Surface Elevation:555.0 ft_ +� a -j a ES 2 U v z K a F- PHALT,1 inch 5E,5 inches STONE,weaHsered,moderately hard,HFOt brawn 52 IP 5 w 555.0 10 0011.75' LIMESTONE,slightly weathered,bard,gray 550,0 15 10011.5 BOTTOM OF BORING .. e 0 r� w p a'. w g Y U 9 LOG OF BORING NO. B-3 Plate A.4 w Project No. Baring No. Project Fort Worth Quiet Zone ki a L 07-1194 B-4 ENGINEERS .. DdUer Ground Elevation Location Fort Worth,Texas 5'79 Completion Completion Water Observations Depth 15,01 Date 2-11-49 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger C3 w w 1?17 o w a w Stratum Description e e LL x e a a r 2_ m mm h =1 0) cm O'DMX m w oo rom aE ml~ asa oa �m A roximate Surface Elevation:579.4 ft N m m a in J-1 a:1 0.5 V:U n MW :3 D i— FILL:CLAY,silty,dark brown,very stiff with asphalt 17 4.5+ 578.end road debris(CL) CLAY,silty,light brown,very stiff,moist(CL) 78 3'3 19 20 14 2.75 577.0 LU&STONE,weathered,moderately hard,light brown 7 4.5+ 5 IO 0011.5' 564.0 I$ 10011" BOTTOM OF BORING 9 � N C L7 !L a m 0 Y V P y LOG OF BORING NO. B-4 Plate A.5 Project No. Boring No. Project Fort Worth Quiet Tone STL,� 07-1194 B-5 ENGINEERS Driller Ground Elevation Location Fort Worth,Texas 574 Completion Completion Water Observations Oen' 15.0' Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger V � N N F w w ro cwp Stratum Descriptione LL „� Q a E 33 i w= com !�e cm 0M CY Wao �m ffE m � A oximate Surface Elevation:574A R ❑ {►+ rr in m a zn .3.3 :D a c E U in 3 Y n: 5:5 F- HALT,2 inch 57 46 20 25 10 4.5+ SE,4 inch Y,silty,light brown,hard,dry,with limestone ffiwn-As(a) 41 18 23 9 87 4,5+ w 57Q.Q LIMESTONE,weathered,moderately hard,light brown 5 WF w w lfl QQ11 5' w r 559.0 15 1001111 BOTTOM OF BORING w w � 0 w w � a' ❑ w r= 0 Y V 0 LOG OF HORWG NO_ B-5 PlateA-6-1 FrojectNo. Baring No. Project Fort Worth Quiet Zone dam► 47-1194 B-6 ENGINEERS Driller Ground Elevation Lacatinn Fort Worth,Texas 569 Completion Compktion Water Observations Depth 15,4► Date 2-11-09 Groundwater was not encountered during drilling or upon completion 4" Type o1 drilling. Auger ra a c m rA C m 2 a Stratum descriptionZ 13L �; V U 0 , m a E m w pi ac � m aE E v as i^m Rm r- r-•C Approximate Surface Eltvabom 5A0 ftN o[ o[ m m a.rn :� n�t ri i] ❑9 x a r HALT, Mch 5E,5 inches LIMESTONF,weathered,moderately hard,light brown 5 10011" r 10 14411" 557.4 I DWSTONZ slightly weatbered,hard,gray 554.4 �j0414.75' BOTPOM OF BORING g _ ED r u3 ri v ti w v Y V y LOG OF BORING NO. B-6 Plate A.J. Project Ne. Boring No. Project Fort Worth Quiet Tone S T L •, 07-1194 B-7 ENGINEERS ❑ricer Ground Elevation Location Fort Worth,Texas 554 Completion Completion Water Observations Depth 30 Or Date 2_13_09 Groundwater was not encountered during drilling or upon completion Type of drilling. Water was introduced to the boring during coring Auger I operations. r du c 0 V -p N CL ame a Stratum ❑eSCI'1PtIDn r e �n� y a� ''�S U x w M 15 o m r�ir C❑3 0 ¢E � m 61a o fl "m m m c z A ximate Surface Elevation:554.0 R ❑ t'+ tr it m to a fn --1.1 a.-j 0- In CLAY,brown to fight brown,very stiff to hard,dry,with 74 68 26 42 25 93 4.5+ 6768 limegone fiagm ut(CH) 72-68— 25 43 13 117 4.5+ 28656 560.0 11 LIMESTONE,weathered,moderately hard,light brown � 5 554.5 SHALE, d,soft,!-Y —10- 12 4.5+ w -with numerous limestone seams from 12 to 14.5' w 549.5 LD JESTON E,mnderatefy hard to hard,thin-bedded, 15nnjn vi fossilifemus,with shaley limestone seams and layers, 24 9 4 close jointed,gray 2 Wq 56 11 4 153 t58928 25 56 19 4 143 39168 } ++ 534.0 30 BOTTOM OF BORING r ui a' r? 0 Y U Mrs Q ' LOG OF arr aR� G iso. B-7 Plate Ai i Project No. Boring No. Project Fort Worth Quiet Zone 07-1194 13-8 RNGINE]ERS Driller Ground Elevation Location Fort Worth,Texas 563 Completion Completion -Water Observations Depth 25.01 Date 2_13-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Water was introduced to the boring during coring Auger operations. a. L3 ry w U1 F � C.� ��a Stratum Description _ 2 =p �: Ue ' ;Q =t a.r00 >, m M W CY m vE w E 4•e o o �m m m c•,� A roxhuate Surface Elevation:563.0 ft. ❑ U) tC rr m a4 a.W –1–1 a 3 m z[� ❑ x a t– CLAY,light brown,fine to hard,moist{CFS 75 60 22 38 24 92 2.5 1872 64 39 25 17 ]06 4.5+ 560.0 L]MESTONE,weathered,moderately hard,light brown 5 00/0.25 553.0 10 I7 4.5+ SHALZ weathered,soft,gray 552.0 LW E5TONE,moderately hard to hard,thin-bedded, 48 31 4 I46 53360 fossiliferow%with shaley limestone scants and layers, closejointed,gay 15----55— 31 1 148 25920 w 20 0010.25 4 56 I5 139 I5840 w 53&0 25 BOTTOM OF BORING 0 z � a a c� a m A � v Y V D � ' LOG OF BORING NO. B--8 Plate A.9 SOIL DR ROCK TYPES GRAVEL LEAN CLAY LIMESTONE _.. i■ i4 � i �. ■ * ■ SAND • SANDY SHALE 0% ■ SILT SILTY SANDSTONE HIGHLY CLAYEY CONGLOMERATE Shelby Auger Split Rock Cone No PLASTIC CLAYMM Tube Spoon Core Pen Recovery TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Sa11S (More than 50°x5 Passing No.200 Sieve) Descriptive item Penetrometer Reading, (tsf) Soft 0.0 to 0.5 Firm 0.5 to 1.0 Stiff 1.0 to 2.0 Very Stiff 2.0 to 4.0 Hard 4.0+ Coarse Grained SCIIS (More than 50%Retained on No.200 Sieve) Penetration Resistance descriptive Item Relative Density (blows/foot) 0 to 4 Very Loose 0 to 20% 4 to 10 Loose 20 to 4O% 10 to 30 Medium Dense 40 to 70% 30 to 50 Dense 70 to 90% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickensided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or silt Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand-, corresponds in consistency up to very stiff in soils Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz,calcite, dolomite, siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered Noted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.10 Major Divisions Sym. Typical Names Laboratory Classification Criteria Well-graded gravels,gravel- 2 ow (Dw3 `m y GW sand mixtures,little or no m Ce greater than 4: Ce between 1 and 3 yr L o fines a+fl C,n x iso 0- 0 rn co a V5 ,N y Poorly graded gravels,gravel g N w �, U � GP sand mixtures,little or no T (n rn 3 Not meeting all gradation requirements for GW a _a'_+ fines 4 it U - m m M W 8 L9 L7 - o IM ❑ 0 Silty gravels,grave!-sand-silt 0 C07 Liquid and Plastic limits Vquid and plastic limits N E GM y below"A"line or P.I. r Cr mixturesz ? m greater than 4 plotting in hatched zone 2 c 3 0 (D w m between 4 and 7 are `0 m '` 00 borderline cases y m 'a) v ^' ❑ ; 8 Liquid and Plastic limits o -: m ;v Clayey gravels,gravel-sand- .w " requiring use of dual �, g Q. GC clay mixtures ; above"A"line with P.i. Symbols W Q L° 0 ; greater than 7 L o � a d�•� m m Well-graded sands,gravelly - m ' 1 oma, (DX m r_ SW 0) � c�-••--greater than 6: C� between 1 and 3 .. E s� sands,little or no fines > y DID D x o 0 E N to o 1G 0U U vi y � Os❑ IV i 0 w _m m Poorly graded sands; m'J= = '. sSP gravelly sands,little or no m ? Not meeting all gradation requirements for SW n ❑ a fines h �; N 4s w C C N ❑ 'p r= :22; on ❑ m u U') r P m 4-• ❑ Silty sands, sand-silt r 0 CL �' Liquid and Plastic limits ❑ q = C o sM rti below"A"line or P.I.less Liquid and plastic limits mixtures a, a m " q � �_ h m 2 ❑ ❑ than 4 plotting between 4 and 7 3 �_ W 0 are borderline cases �°v Liquid and Plastic limits requiring use of dual m ;? m Clayey sands,sand-clay B 0CO SC mixtures Q N above A"line with P.I. symbols a, (D CC greater than 7 Inorganic sifts and very fine sands,rock flour,silty or to ML clayey fine sands,or dayey U, m sifts with slight plasticity TzF s a U y Inorganic days of low to 0 (D medium plasticity,gravelly y ' CL clays,sandy clays,silty clays,CDP $ N w = and lean clays 6 F CH tY OL Organic silts and organic silty 4 y clays of low plasticity x war - a Z' N v Inorganic silts,micaceous or a MH diatomaceous fine sandy or OH a d MH c silty sails,elastic silts •P m rn 2 � T E [] Cit o c 4) CH Inorganic clays of high h a' plasticity,fat clays 1 E 7 N a 4 ; �� Ml.e d❑l. o g Organic days of medium to ° OH o to 20 ao ao so so 70 so sa 100 -- high plasticity,organic sifts Liquid Urnit o Pt Peat and other highly organic Plasticity Chart y D 0 soils UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.11 w dw SWELL TEST RESULTS FORT WORTH QUIET ZONES FORT WORTH,TEXAS STL PROJECT No. 07-1194 Boring Sample depth Liquid Plastic Plasticity Initial Final Load Swell Swell (ft) Limit Limit Index MC M MC M (pst) M Ratio B-1 S-3 4-6 33 16 17 11 16 625 6.6 13.1 B-2 S-3 3-4 51 20 31 20 23 437.5 3.0 3.6 B-5 S-2 2-4 41 18 23 9 15 375 0.6 0.1 B-7 S-2 2-0 68 25 43 13 31 375 5.6 2.7 B-8 S-2 2-3 64 39 25 17 24 312.5 4.7 1.7 Plate A.12 ENGINEERS APPENDIX B ST ENGINEERS FIELD OPERATIONS Subsurface conditions were defined by eight sample borings drilled along the proposed road alignment. The borings were advanced using augers and rotary wash drilling equipment including continuous and semi-continuous sampling methods in order to observe groundwater seepage levels. The results of each boring are shown graphically on the Logs of Boring, Plates A.2 through A.9. Sample depths,descriptions, and soil classifications based on the Unified Soil Classification System are shown on the Logs of Boring. Keys to the symbols and terms used on the Logs of Boring are presented on Plates A.10 and A.11. Groundwater observations during and after completion of the borings are shown on the boring logs. Upon completion of the borings,the boreholes were backl+lled in general accordance with the City of Fort Worth requirements. Relatively undisturbed samples of cohesive soils were obtained with Shelby tube samplers in general accordance with ASTM D-1587 at the locations shown on the Logs of Boring. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to maintain "in situ" moisture content. _ The consistency of cohesive $ol# samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0,25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at respective sample _ depths on the logs, When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Non-cohesive soil samples were obtained using split-barrel sampling procedures in general accordance with ASTM D-1585. In the split-barrel procedure, a disturbed sample is obtained in a standard 2 inch OD split barrel sampling spoon driven into 18 inches into the ground using a 140- _ pound hammer falling freely 30 inches. The number of blows for the last 12 inches of a standard 18- S-1 4N�� T ENGINEERS inch penetration is recorded as the Standard Penetration Test resistance(N-value). The N-values are recorded on the boring logs at the depth of sampling. The samples were sealed and returned to our laboratory for further examination and testing. _ I The limestone encountered was evaluated using the Texas Department of Transportation's Cone Penetrometer Test(Test Method TEX-135-E). These test results are shown on the boring log at the depth of occurrence. In addition,continuous rocl coring was performed in the limestone using an NX size,double-tube core barrel in 5-foot runs using the wet method. This core barrel produces a nominal 2-inch diameter core sample. The core percent recovery(REC)is included in the appropriate column on the logs of boring. Core recoveries were visually classified in the field,were sealed and returned to -- our laboratory for further examination and testing. B-2 ST ENGINEERS LABORATORY TESTING General Laboratory tests were performed to define pertinent engineering characteristics of the soils encountered. The laboratory tests included moisture content; Atterberg limits determination, strength test, swell and visual classification. Classification Tests Classification of soils was verified by natural moisture content and Atterberg limits determinations. These tests were performed in general accordance with the American Society for Testing and Materials(ASTM) Procedures. The Atterberg limits and natural moisture content determinations are presented at the respective sample depths on the Logs of Boring. Unconsolidated-Undrained (UU)Triaxial Tests ..Soil �. UU tests were performed on selected samples of cohesive soils. In the UU test,a cylindrical specimen is subjected to axial load and confining fluid pressure at a constant rate of strain until failure occurs. The applied confining pressure was equivalent to approximately the existing overburden pressure on the samples. Test procedures were in general accordance with ASTM D 2850. Strengths determined by this test are tabulated at their respective sample depths on the Logs of borings. Results of natural moisture content and dry unit weight determinations are also tabulated at the respective sample depths on the logs. Unconfined Compression Strength Test— Rock Unconfined compression test were performed on selected samples of the limestone core recoveries. In the unconfined compression test, a cylindrical specimen is subjected to axial load at a constant rate of strain at atmospheric pressure until failure occurs. Test procedures were in general accordance with ASTM D 2938. Rock unconfined compression strengths are shown on the boring logs at the appropriate depths. B-3 ST ENGINEERS Free Swell Tests Selected samples of the near-surface cohesive soils were subjected to free swell tests. In the free swell test, a sample is placed in a consolidorneter and subjected to the estimated overburden pressure. The sample is then inundated with water and allowed to swell. Moisture contents are determined both before and after completion of the test. Test results are recorded as the percent swell, with initial and final rnoisture content. The results are shown on Plate A.12. B-4 ST ENGINEERS APPENDIX C PAVEMENT DESIGN SOLUBLE SULFATES TEST RESULTS 1993 AASHTD Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTQWare Computer Software Product STI.Engineers 8948 Ambassador Row Dallas,Texas USA Rigid Structural Design Module Hemphill West Quiet Zone Project-Fort Worth,Texas STL Project No.07-1194 Rigid Structural Design -- Pavement Type JPCP I8-kip ESALs over Initial Performance Period 3,451,500 Initial Serviceability 4.5 Terminal Serviceability 2 28-day Mean PCC Modulus of Rupture 650 psi 28-day Mean Elastic Modulus of Slab 4,400,000 psi Mean Effective k-value 28 psilin Reliability Level 80% Overall Standard Deviation 0.35 Load Transfer Coefficient,I 3 Over-all Drainage Coefficient,Cd 0.7 Calculated Design Thickness 9.60 in .� Page I 1993 AASHTQ Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTDWare Computer Software Product STL Engineers 8908 Ambassador Row Dallas,Texas w USA Rigid Structural Design Module Hemphill West Quiet Zone Project-Fort Worth,Texas-Flex Base STI,Project No.07-1194 Rigid Structural Design Pavement Type ]PCP I8-kip ESALs Over Initial Performance Period 3,051,500 Initial Serviceability 4.5 Terminal Serviceability 2 w 28-day Mean PCC Modulus of Rupture 650 psi 28-day Mean Elastic Modulus of Slab 4,404,000 psi Mean Effective k-value 104 psi/in Reliability Level 80% Overall Standard Deviation 0.35 Load Transfer Coefficient,J 3 Overall Drainage Coefficient,Cd 0.7 ~ Calculated Design Thickness 9.17 in Effective Modulus of Subgrade Reaction w Roadbed Soil Base Elastic Resilient Modulus Period Description Modulus{psi) si 1 winter 20,000 20,000 Base Type Flex Base " Base Thickness 8 in Depth to Bedrock 1 ft Projected Slab Thickness 9.5 in w Loss of Support Category 2 Effective Modulus of Subgrade Reaction 104 psitin w Page 1 Ana-Lab Corp. P.Q. Box 9000 Kirgore, TX 75663 Phone 9031984-0551 FAX 9031984-5914 a-Mail corp@ana-iab.com LELAP-accredited#02008 � ��� p 7 7 Printed: 1 Results 1.lts 02/27/2009 Page I of 6 CQRY.m � THE COMPLETE=SERVICE LAB W Account Project STLA-N 432289 Jason Allen STI.Engineers .. 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Results Accredited Parameter Results Units RL Flags CAS Bottle 0 78074 07-1,19418-1 S-2 2-4 Received: 02/24/2009 Soil Collected by: B Martinet A,f9llalFwr STL Engineers 02123!2009 02:00 + SM 2540 G,201h Ed. AnaW. MLC 0212412009 1453 QCgroup 308413 AV Total Solids 90.9 % 0.3 01 .. Tex-i45-E Analyred. RED 0211411009 1230 QCgroup 308743 r Sulfate by Turbidity <220* mgikg 220 of "Dry Weight Basis .. 078875- 07-1194 B-2 S-2 1-2 Received: 42/24/2009 Sail Collected by: B Martinez AffiIFaliom STT.Engineers 07113/2009 02:00 SM 2540 G,20th Ed Analwrd• A&C 0212417009 1453 QCgroup 308413 AV Total Solids 92.2 % 0.1 01 Tex-145-E Analyzed.• RED 0212412009 1230 QCgroup 308743 z Sulfate by Turbidity 017` mg/kg 217 01 *Dry Weight Basis •$78076 47-1194 B-4 S-2 1-2 Received: 02/74/2409 Soil Collected by. B Martinez Ajflltarlatr STT.Engineers 02/23/2009 02:00 + SM 2540 G,201h Ed, Anv4aed. A.0 0212417009 1453 QCgroup 308413 AN Total Solids 90.1 % 0.1 M Tex-345-E Anal)cmd.• RED 0211412009 1230 QCgroup 308743 a Sulfate by Turbidity 422* mg/kg 222 01 *Dry Weight Basis 0'18077 07-1194 B-5 8-1 .5-2 Received: 42.124/2009 Soil Collected by: B Martinez A,ffiaharr STL Enginmrs - 02/23/2009 02:00 SM 2540 G,20th Ed Anabmut• A4LC 0712412009 1453 QCgroup 308413 AN Total Solids 93.3 % 0.1 01 Tex-145-E Analyed.• REL] 0112412009 1230 QCgroup 308743 Corpora ir Shipping: 2600 Dudley Rd. Kilgore, T\ 75662 North 1'ems Region:1601 E.Lanmr Blvd #116 Arlington T?i 76011 `Es tr *c[oyos+ fu1 F-M 19 E F3 v n � r i Acc n eorr E o ISO-17025 9 0637-01 NELAP-accredited#2104704201-08-TX 2007 Sea]ofExceilence LDSCltentv1.0.1.716 wiviv.ana-lob.Com Form rptPROMSCreated 1011312004v1.2 ~ Ana--slab Corp. P.Q. Box 9000 Kilgore, TX 75663 w Phone 90319$2-0551 FAX 903/981-5914 a-Mail cvrp7r,anR-Iab.com LFLAP-accredited#02008 AMr PT_ Printed. (owlResuits 02127/2009 Page 2 of 6 THE COMPETE SERVICE LAB CW Account Project STLA-N 432259 Jason Allen STL Engineers 8908 Arnbassador Row,Suite 300 Dallas,TX 75247- w _ Results Accredited parameter Results Units RL Flags CAS Bottle 47$077 07-119413-SS-1.5-2 Received: 0212412009 Soil Colleciedby: B Martinez Affiliation STL Engineers 02/23/2009 02:00 Tex-145-E Anulyced• REL) 07I2412009 1230 QCgroup 308743 "m Sulfate by Turbidity 247* mglkg 214 Ol 'Dry Weight Basis 078078 ' 07-1194 B-7 S-1 0-2 Received: 02/24/2409 soil Collected by: B Martinez Af/Pllariarr STL Engineers 02123/2009 02:00 SM 2540 G.20th Ed. Analyzed: MLC 0212417009 1453 QCgroW 308413 AN Total Solids 84.7 % 0.1 01 Tex-145-E Analyzed., REL} 0211412009 1230 QCgrnup 308743 Sulfate by Turbidity X136* mglkg 236 01 w 'Dry Weight Basis 078079 07-1194 B-8 S-1 0-2 Received: 0212412009 w Soil Callected 6y.• B ivlrUmm Affibat:oir STL Engineers 02R3/2o09 02:00 SM 2540 G,20th Ed. Analyzed.• MLC 0V7412009 1453 QCgroup 308413 AN Total Solids 81.6 % 0.1 01 Tex-145-E Analy..ed; RED 0212412009 7230 QCgrmV 308743 - Sulfate by Turbidity X245* mgllcg 245 01 •Dry Weight Basis Sample Preparation 078074 07-1194 EA S-2 2-4 Received,• 0212412009 Ana&wd: KAT 01(2411009 Bottle Temperature on Receipt a1 degrees 01 w Calculation Anul)xd.• CAL 021101009 14:11 C'orparaoShipping: 2600 Dudley Rd Kilgore, Tr 75662 North Terns Region:16016.Lamar Blvd #116 ArliogtonIN 7601.1 w `EU Sly AGCp.oTh M E M B E FI W � a 4- RGCRE01 en ti z ISO-17025 4 0637-01 NELAP-accredited#T]04704201-08-TX 2047 Seal of Excellence w L.D5Cliewvl.0.1.2l6 www.ans-lab.eorn F'wmrptPR0JRE5Created 1011312004vl.2 Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75553 Phone 903/994-0551 FAX 903/984-59.14 a-Mail cor rr ana-lstb.eostt LELAP-pecredited#4240$ �� � C`i p�+ � Prrrrled: Results 02/2712009 Page 3 of (OU M THE COMPLETE SERVICE LAB CEF Account Project STLA-N 432289 Jason Allen S fL Engineers 8908 Ambassador Row,Suite 300 D]a11as,TX 75247- Sample Preparation 4178074 07-119413-1 S-2 2-4 Received: 02/24/2009 CakViation Analyzed.• CAL 0717617009 14:)1 As Received to Dry Weight Basis Calculated 0 84)75 07-119413-Z S-2 1-2 Received. 02/2412009 Analyaed.• JUT 0212412009 Bottle Temperature on Receipt 9 degrees 01 Calculation Anal: CAL 02126 2009 7431 1 As Received to Dry Weight Basis Calculated 678676 07-1194 B-4 S-2 1-2 Received: 02124/2009 Analyzed. X47' 0712412009 Bottle Temperature on Receipt 7 degrees 01 Calculation Analwed: CAL 0212612009 14:11 As Received to Dry Weight Basis Calculaled 078077 07-119413-5 S-1.5-2 Received. 02/24/2009 Anabrwd-- K4T 0212412009 Bottle Temperature an Receipt 8 degrees 01 w Calcuiation Ana6wd: CAL 02!2611009 14:•1 J As Received to Dry Weight Basis Calculated 0784378 07-119411-7 S-1 0-2 Received: 02/2412409 Corporate Shipping: 7600 budleg Rd. Kilgore.`17' 75662 North Tuns Region:1601 9.Lain aiBlvd #116 Arlington'ri 76011 `40,m Actayo;. MEMBER 4 � r ACCREDITED ISO-17025#0637-01 NFLAP-accredited#7104704201-08-TX 2007 Seal of Excellence LDSCierN vI AL216 Form r (PRaJRESCrewed 10312004W.2 ' ►r•►v►v.�t nt�lab.rorrt p Ann-Lab Corp. P.D.Box 9000 Kilgore, TX 75663 Phone 9031984-0551 FAX 9031984-5914 a-Mail corp@ana4ab.com LELAP-accredited#42008 AM _07 R�5111 5 Primed. (}212712009 Page 4 0#6 (ar. of THE COMPLETE SERVICE LAB W Account Project STLA-N 432289 Jason Allen STL Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Sample Preparation 078078 07-1194 B-7 S-1 0-2 Received: 02/2412009 Anab-ced: KAT 0212412009 Bottle Temperature on Receipt 6 degrees 01 Calculation Anal)sedCAL 0212612009 14:11 As Received to Dry Weight Basis Calculated 478079 07-1.194 B-8 S-1 0-2 Received.' 02/24/2009 w Analyzed. KAT 0212412049 Bottle Temperature on Receipt 4 degrees 01 Calculation Anal}eed• GAL 0212613009 14:11 As Received to pry Weight Basis Calculated w Cor gonireShipping: 200 Dudley Rd. Ki[go re, T?i 75662 North Texas Rrgion:1601 E.Unw Blvd #116 ArlfugtonT.K 76011 ,n hecoq�� M E M 13 E R AL`CRE:vfYEO V IS❑-17025#O637-01 NELAP-accredited#T1047O4701-�N-TX 2007 Seal of Excellence LQ.SChemv1.0.1.216 Form 1PR0JRESCrea1ed 1L111312004 v],2 1F'lYN'.A11A-1ab.00It7 rP PM Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75563 .Phone 903/984-0551 FAX 9031984-5914 a-Mail corp@ana-lab.com LELAP-accredited#02008 NA � � Printed: lResults 02117/2009 Page of 6 THE COMPLS rz SERVICF LA fW Account Project m STLA-N 432289 Jason Allen STL Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Qualifiers: J-Analyte detected below quantitation limit B-Analyte detected in the associated method blank C-Confirmed value Z-Drying oven slightly exceeded recommended settings D-Duplicate RPD was higher than expected E-Estimated Value M-High eql resulting from matrix inteference. 1-Lab MDL>Target F-Not read within test method specified time frame A-pH adjusted to Q prior to analysis H- Sample started outside recommended holding time P- Splice recovery outside control limits due to possible matrix X-Standard reads higher than desired. S- Standard reads lower than desired w T-Too Numerous To Count U-Unsuitable for analysis We report results on an'As Received'or wet basis unless marked`Dry Weight. Unless otherwise noted,testing was performed at Ana-lab's corporate laboratory that holds the following Federal and State certificates. Texas Department of Health Lead Firm Certificate 2110476, EPA National Lead Laboratory Accreditation Program 4637.01,US Consumer Product Safety Commission#1095,US Department of ^ Agriculture Soil Import Permit S-37597, Texas Commission on Environmental Quality Drinking Water Laboratory Certificate TX219, Texas Commission on Environmental Quality NELAP T104704201-06-TX,Oklahoma Department of Environmental Quality Drinking Water Certification Lab IDN D9913,EPA Lab Number TX00063,USEPA Approved Pereblorate Testing Lab,USEPA UCMR2 Approved Lab,Oklahoma Department of Environmental Quality Laboratory Certificate 8125,Arkansas Department of Environmental Quality Certification#03-070-0,Louisiana Department of Environmental Quality Laboratory Certification(NELAP,LELAP)#02048, Louisiana Department of Health and Hospitals Drinking Water(NELAP)#LA030020, US Department of Energy Approved, State of Kansas Department of Health and Environment Waste Water and Solid/Hazardous Waste Cert.E-10365,Alabama Department of Environmental Management Drinking Water#41540. Ana-Lab is also accredited to the international ISO-]7025 standard by the American Association for Laboratory Accreditation(A2LA Certificate#0637-01). The Accredited column designates accreditation by U—UCMA2(EPA),A— A2LA,N--NELAC,or z—not covered under one of these scopes of accreditation. These analytical results relate to the sample tested. This report may NOT be reproduced EXCEPT in FULL without written approval of Ana-Lab Corp- Unless otherwise specified,these test results meet the requirements of NELAC. RL is the Reporting Limit(sample specific quantitation limit)and is at or above the Method Detection Limit(MDL).CAS is Chemical Abstract Service number. ^ C'orporate5hipping: 2600 Dudley Rd, Kilgore, TX 75662 Norl6 Texas Region:1601 E.hamar Blvd #116 Arlington TX 76011 `En yri AcCo,,, AA E M 13 E R n � v ¢ AG`CREOt'F�n v ISO-17025 4 0637-01 NELAP-accredited#T104704201-08-TX 2007 Seal of Excellence LDSCtienivl.0.1.216 www.aiia-lab.com Form rprPRWRFSCreared 1011-W004v1.2 ^ Ana-Lab Corp. P.O. Box 9000 Kdcrore, TX 75663 Phone 943!984-0551 FAX 903/984-5914 e-Mail corp@ana-lab.com LELAP-accredited#02048 FSI=LRS lResults 02`r27/27R049 Page 6 of G -ME COMPLETE SERVICE LAB�' ,4 ccouni Project i STLA-N 432289 Jason Allen SM Engineers 8908 Ambassador Row,Suite 3 d0 Dallas,TX 75247- w _ C.H.Whiteside,Ph.D.,President w w wr Corporate Shipping: 2600 Dudley Rd. Kilgore, T_X 75662 North Texas Region:1601 E.Lamar Blvd #1]fi Arlington T]C 76011 w `Eo of nccga' M E M 19 P_1R s� OCCR EDiTE4 � ISO-17025#0637-01 NELAP-accredited 4T104704201-08-TX 2047 Seal of Excellence LDSClieatvl.0.1.216 www-nna-lah.com Form rptPROJRESCreated Im_M0dW.2 Ana-Lab Corp. F.O. Box 9000 ]Kilgore, TX 75663 Photle 9431984•-05511 1+AX 9[1319&1-5914 e-mail eorpt@ana-lab.com LELAP-acc red ited 402008 M laxS_. QualityControl THE COMPLETE SERVICE LAB 1110M Printed 02/27/2009 Page 1 of 1 Jason Allen Project STL Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- MM Blaak Panvmeter Type Result Unit Total Solids Blank -0-001100 gams Total Solids Blank -0.000400 gams Duplicate Parameter Sample Type Rrsrrll Duplicate Unit RPD Limits Total Solids 077609 Duplicate 13.5 14.7 % 8.51 25 Total Solids 077614 Duplicate 14.9 15.2 % 1.99 25 Total Solids 077611 Duplicate 15.0 15.1 % 0.664 25 Tote)Solids 077607 Duplicate 15.6 15.1 % 3.26 25 Total Solids 077612 Duplicate 15.6 15.3 % 1.94 25 Total Solids 077613 Duplicate 15.9 16.3 % 2.48 25 t s. Blank i Parameter Type Reitrlt Unit Sulfate by Turbidity Blank <200 mglkg Duplicate Parameter Sample Type Result DupUnate Urtit .RPD Limft% # Sulfate by Turbidity 078074 Duplicate ND ND mglkg Sulfate by Turbidity 078085 Duplicate ND ND mglkg Standard Parameter Type Rrsuh Known Unit Recover%Limits% Sulfate by Turbidity Standard 20.2 20.0 m81kg 101 90-110 RPD is Relative Percent Difference:abs(rl-r2)1 mean(rl,r2)* 1001/o Reco ter%is Recovery Percent: result/known* 100a/o .. Corporate Shipping: 2600 Dudley Rd. M lgere, TC 75662 North Texas Region:1601 E.Lamar Blvd #116 Arlington TX 7601.1 L0 t�Acre,a M lE M 13 r= R Y� F � 8 "." . v Q x 150-17025#0637-01 NELAP-accredited#7104704201-08-TX 2007 Seal ofExcellence ♦ LRI�WS'�faIhl!« LDSClfenrvl.Q1.216 www.alta-lab.conl Form rp1PROJgMrptCreated 0112712005v1.0 ' 432289 CaC Prim Group 001 of 001 Page I of 2 rw HE COMPLETE EFM E LAS CW t, @ m Ln N m o dfl�� " Q V y dke me p w In Ni na NJ 33 do W0 d �� � : `x m r� G� w ❑ C ❑ a Cl! s v w 2Y L3tym mfbm 1-0 CA p N m M 3 p x 0 �, m 00 }m d &1Z d o ti rn V iY E p a !.25 ro� N x b wws Cc cmp' am m m in 'lop ` 7 0.o IC mu 12 to, ❑ m M m F �161 qtv p C LL 'd x m x a J • � m 7 z @ � D n c Q V w o m v 5° LL c w w b ❑ m U m� � o ZN pv m du Qas.aR ~ m ng O1013 vm im E o o C4 c wm v e� $m QE a c..1 + F{3 16 m 98 u o i'Q ! 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Box 9044 Kilgore, TX 75553 Aff Phone 9031981-0551 FAX 9031984-5914 a-Mail corp@an"ab.com LELAP-accredited#42008 Printed 02J27/2 009 Page l of 1 Analytical Results CARP. THE COMPLETE SERVICE LAB W Report Table of Contents ,account Project Jason Allen STL Engineers STLA 432289 8908 Ambassador Flow, Suite 300 _ Dallas,TX 75247- This report consists of this Table of Contents and the following pages: ftort Name Description Pages xrtart 432289_03_03_ProjeetResults Ana-Lab Project P:432289 C:STLA Project Results 6 432289_r10_05 PROJQCG Ana-Lab Project P:432289 C:STLA Project Quality Control Groups 1 432289_r99_09_CoC_STLA_1—of 1 Ana-Lab CoC STLA 432289_1 of 1 2 Total Pages: 9 Corporate Shipping: 2504 Dudley Rd. Kilgore, TX 75662 `Ev 1%ACCO041 c illi E M H E R 4 � 04"C R EIlI TEn a TSD-17425#0637-01 NELAP-accredited#7104704201-08-TX 2007 Seal of Excellence i DSCheM v1.0.1.216 Form rptTOC Created 10/00004 v1.1 Project No. Boring No. Project Fort Worth Quiet Toone 07-1194 B-1 ENGMI ERS Driller Ground Elevation Location Fort Worth,Texas 562 Completion Completion Water Observations Depth 15.51 Date 2-11.09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger a° o {nom 0 a vD c m Stratum Description ` e c- at o a Z � E r a I a ra a p3a ��3nn � m �_r u��.: � x �'. =:) 0) ay o �'x E a t] C3 Go �+ a aE rte my aC �+m em CCC w m LU Cf m - G m ® G C'C Approximate Surface Elevation:562.0 fL a N W of m m a Y) -2-2 FL n a a 0 ❑� z of =)a� Pl ALT,3 inches 14 4.5+ CLAY,silty,light brown,very stiff m hard,dry,with calcareous nodules(CL) R 72 44 17 27 12 107 4.5+ 5184 39 18 21 4.5+ -witl;sand seams at 4 feet 33 16 I7 11 99 4.5+ 5 63 9 121 4.5+ 7344 *� 12 4.5+ 39 9 —10— 26 14 547.0 15 light brown,medium dense(SP) F S a Ld o � c� F � x L LOG OF BORING NO. B-1 Platc A.2 w Project No. Boring No. Project Fort Worth Quiet Tone 07-1.194 B-2 ENGINEERS Driller Ground Elevation t.acation Fort Worth,Texas 572.5 Completion Completion Water Observations Depth 15.5' Date 2-11.09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger ra a yx z 4 a Stratum Description LL °v°� s a° a�= ;m r-z n. G G R a sa 0 m .s .s x a - � rfi v v o " x w d vP mem 'vtr ml= Wb 'vo �m mm �r- to A roximate Surface Elevation:572.5 ft. d w X M m m a N J zi15:5 a No ❑?r z rr >>FU-L:CLAY,silty,reddish brown,very stiff to hard,dry, 20 3.25 with limestone fragments and concrete pieces(CL) 59 40 17 23 j 13 114 : 4.5+ 9366- 570.5 CLAY,brown,hard,dry(CH) 50 19 31 4.5+ 51 20 31 20 142 4S+ 5 78 14 106 4.5+ 11952 14 4.5+ 12 4.5+ 14 10 550.5 SAND,light brown,medium dense(SP) 24 7 13 I 1•: 557.0 BOTTOM OF BORING 0 i � n a' n Y V n LOG OF HORnvo No. B-2 Plate A.3 W project No. Boring No. Project Fort Worth Quiet Zone T� 47-1194 BM3 ENG]NL1 RS D4 iller Ground Elevation Location Fort Worth,Texas 565 Completion Completion Water Observations Depth 15.4' 1 Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger o � v7>- i Stratum Description c _ �` = m tp Il C12� �£ a: Iq C...: E m to a o` ,� m a E wv o o Z'� o c c� Am Surface Elevation:565.0 Pt. a Co W re m m a 0 _5 1 a.5 a 20 a 3 z re E M S PNALT,1 inch 5E,5 inches SNE,wea moderately hard,tight brown 52 5 555.0 10 '00/1.75' LIMESTONE,slightly weathered,hard,gray .. w 550.0 l5 10011.5' BOTTOM OF HORING ^, a 4 C7 I ul 2 O � a 21 a 0 Y U Loci of aoRING No. B-3 Plate A.4 Project No. Boring No. Project Fort Worth Quiet Zone L 47-1194 B-4 ENG EERS Driller Ground Elevation Location Fort Worth,Texas 579 Completion Completion Water Observations Depth 15.6' Diff Z-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger v a Z CL - Stratum Description m ti _ �w � mE oo Zm mw erC A =imate Surface Elevation.579.0 ft. o if w oo w 0.in a zi R r FL S v a x a D=3ti FILL:CLAY,silty,dark brown,very stiff,with asphalt 17 4.5+ 578.0nd road debris(U) an CLAY,silty,light brown,very stiff;moist(CL) 78 39 19 20 14 2.75 577.0 LflMTONE,weatbe moderately hard,light brawn 7 4.5+ w 5 w w ]❑ 1401].5' w w 554.6 ]5 14011" .� BOTTOM OF BORING w E w � it 0 s� e; w p a a � a x V LOG OF BORING NO. B-4 Plate A.5 Project No. Boring No. Project Fort Worth Quiet Zone -ST L- 07-1194 Bi-5 ENGINEERS Driller Ground Elevation Laeation Fort Worth,Texas 574 Completion Completion Water Observations Depth 15.0 Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Anger ate' ¢ ° w tl7F- 0 t -S grow Stratum Description m ;L c a a C c=2 .9 { 3 ° pq H� �� eL°K E m Q D C Cd m yr m E 0 4 Q �'� n m C CS r Approximate Surface Elevation:574.0 A o it 5 In n_iT) zi:i a a S U Ck}r 7:13� D D 74JPHALT,2 ineh 57 46 20 26 10 4.5+ E,4 ineh Y,silty,light brown,hard,dry,with limestone .. fragments iQj 41 18 23 9 87 4.5+ 570.0 #'+ LUAESTONE,weathered,moderately bard,light brown 5 10W 1 10011.5' 559.0 15 10011 BOTTOM OF BORING c Li w o v: c� c se d LOG OF BORING NO_ B-5 Plate A.5 w Project No. Boring a. Project Fort Worth Quiet Zone ST 07-1194 B-6 ENGINEERS Driller Ground Elevation Location Fort Wortb,Texas 569 Completion Canopletivn Water Observations �. Depth 15.0' Date 2-11-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Auger N d c m Z o _ CL Stratum Description OF 2G r c [1 q01 ��: .: T+ X yw �� bb GFX .rw w (3 vE 5Ei'� i0 °0 A ximate Surface Elevation:569.0 fi, w a m m a h � 4 5 [� z o� ti T,1 inch SB,5 inches rr TONE,weathered,moderately Lar light brawn 5 w ]0 10011" 557.0 LASESTONFv shehtly weathered,bard,gray r 554.0 15 O0/0.75' 1i DTFOM OF BORING wi e 0 [7 ui � d P. E v w •. s Y V LOG OF BORING No. B-6 Plate A.7 w Project No. Boring No. Project Fort Worth Quiet Zone ST 47-1194 B-7 ENGINEERS w Driller Ground Elevation I.,ocatioa Fort Worth,Texas 564 Completion Completion Wates Observations Depth 30.0, Date 2-13-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Water was introduced to the boring during coring Auger operations. CL v N r �' F- —" w z d —" r a s Stratum Description 4=! e me m°° ° u C V� �, Y �� a.C C•- t0 G CL [] L7 7� 7 - :ff 337 009-9 q 0 �� _ � C lab 0 b M q7 m W C V 1p m 6 !q m U P p �'® 10® C C•� w Approximate Surface Elevation-564.0 ft. {7 rn a W MM d-to .s_j a 1 a.5 [� o�r x I >>t— CI..AY,brown to light brown,very stiff to hard,dry,with 74 68 26 42 25 43 4.5+ 6768 Eimestone fiegments{GIi} 62 69 25 43 13 II7 4.5+ 28656 — 560.4 11 LBE-STONE,weathered,moderately hard,light brown 5 554.5 SAAI.E,weathered,soft,gray 10 12 4.5+ -with numerous limestone seams from 12 to 14.5` 549.5 w LUv ESTONE,moderately hard to herd,thin-bedded, I5 fossiliferous,with shaley limestone seams and layers, 24 4 4 Close jointed,gray 20 56 11 4 153 58928 w 56 19 4 143 39168 } 534.0 30 w BOTTOM OFDORWG g 1 - Sq r z rr 0. C7 ti w G x u 4 LOG OF BORING No. B-7 Plate A.S N am Project No. Boring No. Project Fort Worth Quiet Zone 47-1194 B-8 ENGM,ERS Driller Ground Elevation Location Fort Worth,Texas 563 Completion Completion Water Observations .� Depth 25,0r Date 2-13-09 Groundwater was not encountered during drilling or upon completion Type of drilling. Water was introduced to the boring during coring Auger I operations. EM �H Stratum Description e m r ¢ a °m ao a +o 90 r^U.�s x wA av a X CL E to o 33 w > 7— Duro c em UM C lE LLI [Y 00 6p m cr lG 9 R'b 00 �'•m go C r- 10 m A roximate Surface Elevation:563.0 ft. ❑ m ix I m m a M 3 a� 1x U a I rr :3:)1-. 'Y,light brown,firm to hard,moist�CIi} 75 64 22 38 24 42 2,S 4$72 64 39 25 17 146 4.5+ 560.0 LIAA�IEESTONE,weathered,moderately hard,light brown w 5 0010,25 553.4 _ 10 SHAT F;weathered,soft,graY 17 4.5+ .. 552.0 LIMESTONE,moderately hard to hard,thimbedded, 48 31 4 146 53360 fossilifemus,with shaley limestone seams and]avers, close jointed,gray 1555 31 1 148 25920 .r 24 0014.25 4 � 56 15 I39 15$40 j r. w 2 538.0 BOTTOM OF BORING a cs Ld o a �r � S Y V LOG OF BORING NO. B-8 Plate A.9 SOIL OR ROCK TYPES _ ffi® GRAVEL LEAN CLAY LIMESTONE r w ■ SAND r ' SANDY — SHALE SILT SILTY SANDSTONE _ HIGHLY CLAYEY CONGLOMERATE Shelby L..Auger Split Rock CaneNo PLASTIC CLAY Tube Spoon Core Pen Recovery TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50%Passing No.200 Sieve) Descriptive Item Penetrometer Reading,Itsfy Soft 0.0 to 0.5 Firm 0.5 to 1.0 Stiff 1.0 to 2.4 Very Stiff 2.0 to 4.4 Hard 4A+ Coarse Grained Soils (Mare than 5010 Retained on No.loo Sieve) Penetration Resistance Descriptive Item Relative Density (blows)foot) 0 to 4 Very Loose 0 to 20% _ 4 to 10 Loose 20 to 4O% 10 to 30 Medium Dense 40 to 7O% 30 to 50 Dense 70 to 9O% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickerisided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or silt Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand; corresponds in consistency up to very stiff in soils " Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite,dolomite, siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered Noted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A-19 Major Divisions Sym. Typical Names Laboratory Classification Criteria .� m y Well-graded gravels,gravel- e , D p m h GW sand mixtures,little or no c4°� greater than a: Ce between t and 3 o fines N ° °+� °�x D,, c oo � � [LU -- Q 01 U a .N m Poorly graded gravels,gravel E N az m U GP sand mixtures,little or no 911 u) 9) y Not meeting all gradation requirements for GW to °� w D 'r fines L a U 3 L .c Liquid and Plastic limits a o z ( o Silty gravels,grave!-sand-sill q ; 3 Liquid and plastic limits N E GM �. below"A"line or P.i. z = mixtures it m greater than 4 plotting in hatched zone •• between 4 and 7 are c w u3, m (D o i w borderline cases N W � ° 19 Clayey gravels,grave!-sand- N rc6a Liquid and Plastic limits requiring use of dual v M a GC clay mixtures @ above"A"line with P.I. symbols .. _ q greater than 7 Ey ; 1 v WC Well-graded sands,gravelly ° o� to e « to H WC SW E C= realer than 6* C - a� between 7 and 3 E _ W- sands,little or no fines E ° p 9 c p x p LO m ,n ° _ ie ie no U w w Io o N w °y Poorly graded sands; M i �+ SP _gravelly sands,little or no Not meeting all gradation requirements for SW i6 -J- fines h c sn $ ., rn m C a`) Liquid and Plastic limits ;u o � � � Silty sands,sand-slit r E i � q a c ° SM ° S •- -- N below'"A"line or P.I. less Liquid and plastic Limits t= ° E mixtures ° m r P a o 0 a v than 4 plotting between 4 and 7 = a o ' � are borderline cases requiring use of dual ° Clayey sands,sand-clay Liquid and Plastic limits q g v rn Q SC y _� above"A"line with P.I. symbols g OL mixtures d m V) greater than 7 Inorganic silts and very fine sands,rock flour,silty or U ML clayey fine sands,or clayey y m silts with slight plasticity sv u U) inorganic clays of low to 0 m medium plasticity,gravelly fn C) 'N° Cclays,sandy clays, silty clays, So— C1 = and lean clays C; CH Z GL Organic silts and organic silty 41 �, -- clays of low plasticity ° C � fa m __z Z'30 H a Inorganic silts,micaceDus or F ' MH diatomaceous fine sandy or a ❑H aT d My N silty soils,elastic silts a .�- E m CL o c w CH Enorganic days of high A/ a' plasticity,fat clays i L 1 7 N a � ML a id OL v i Organic clays of medium to °° tv zv 3v ao sv sv ry an go svv 0 -'�• OH high plasticity,organic silts v Liquid Limit V E r- o Pt Peat and other highly organic Plasticity Chart _ soils - UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.11 SWELL TEST RESULTS FORT WORTH QUIET ZONES FORT WORTH,TEXAS STL PROJECT No. 07-1194 Boring Sample Depth Liquid Plastic Plasticity Initial f=inal Load Swell Swell (ft) Limit Limit Index MC (%) MC(%) tpsf (°Ia) Ratio B-1 S-3 4-6 33 15 17 11 15 625 0.0 4-1 B-2 S-3 3-4 51 20 31 20 23 437.5 3.0 3.5 B-5 S-2 2-4 41 18 23 9 15 375 4.0 0.1 B-7 S-2 2-4 fib 25 43 13 31 375 5.8 2.7 .. B-8 S-2 2-3 64 39 25 17 24 312.5 4-7 1.7 w w r r Plate A.12 CITY OF FORT WORTH WATER DEPARTMENT'S UPDA1 ED!3.24.20's STANDARD PRODUCTS LIST o]:aA9I EN-26 R..&MWedri4m V.fs Avaie.a AVN Commr _ 2r d..dw EI-36 RmL'.t Se.td Bw VJ.e - ._ -. d'-12' EI-26 R®Fvt Swed D.m VY.e MSH C.Ix' LI-26 Rad Sn1.d!Lie V.Is MudW Ce. 4'-l2' U'OSA Re1:lktn Wed Bam V.ls Mdkr Ca SFFs.AL%1=0471 AWWAC515 S6' of Ram] Rxulimt Wed.a D.m V.1m _ .__ _.... _ MkFd Ca &Fin A23W f0FIr-24'(SD6707)_ AWWAC515_w M'nd-WP.F USr13T�3 R,.-r W'W.e[:.rc V.la MdWC.. M.r]kr30-d]R-.C•515 AWWAC315 .13,-wW36- 011116 IZ..linri wm [i.w V.Ire Mr.dkr Ca. Mello 4l'd 46-,C-515 AWWAC515 amu 1-26 EI-26 R..l wd vne Vtis Clow.Vh.Ca. AWWAC509 4-•lT 16'D694 Rcm6ml Wcdo Dale Vale Ckwr Vahv Ca. AWWACS15 16' 11Ab99 E1.2f Neolim'Wed Ogle V.]s Clew Val.Co. CIwRW Val..6D R21 AWWACSiS 24'.M asdkr 112994 R.uliml Wed O.le Vara Ch-Vale Ca. _ Ch.30'd.36-C-f 15 AWWAC515 30'aedw ] IU3of12 R..[kW Web One V.]r. Cl-V"Co. 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W A" KK Ad L'Ic P-SOl ASTM MUM 129"2 Wes" ]af.de lam!fi—r W.MH I'—Caps Plef.ee D.wm vee 3&aw/ hi D14600 ?,L G.W A-r 4'D—MIL P SrH3r4tr 25040 aMtel APMC+av l ss MH 14699 li DFE M...hole hN F&WEA'rdr qR' Nm-tr/�earr S•I]•t!3 •. Ma•1wk F.mmal w _ Canur-CPS w sr1 MrFe1.FT.up.l-�nm 514= _ IEhvrCmve�e Ccm&A SPL1d M9 ASTM C 479 4r Ei.1 Myti Paves Cmn.k Wd Ca.d..1.74,Cam. ASTMC44] 4r E1-14alt Pd Cee_aMe Hrra u.......- _ ___ ASTMC4U n' DV261M Et-N Di.e Sd]vier - --- HerrDm F 35A015-001 ASTM C 479 46-^'-.NIN 094396 ES-N M fte Cmenae CeerrPmhd lLc 4@'3.D.M.&&-03r Cem ASTM C 475 48-wl3r 0V#V5 81-14 Mee6A..Px Cw TL.I—C 48'I.D.AUekle.'4'Ca.. ASIC47S 42' 1N27V6 El-M M.W,P—.Cmanta __ON..dY Pvx.p lea. q'IA.AMe4dr..i 4'c a ASI C An 4rll-v24• . 067W1D EI.14 M.".P—I tgwf US 'e -- Raw6rm/ C— C-76 4rb72' 1� jl'[Mi10�eS�BaSeaflYcWdFIheFYla85 _ 14699 53 N..&W&— Oi•#Od F /.f— LF- Ne.-nNh[uee -14 M.d6.1.A�ih .-�•4ex 7• LM-hA-14 .a hA a Sm.d Cg I- Rfi—MSP E1-14 wmbA.Rd& AS9.11ti -_ 4WRI EI.14 M�ded.R0.6kd M57ARah.D wit EI-14 .lam.Ad.6 T MH ASTMDUI3 Oar#alb —0—.JC—Rpu Pkl6mmT V' Dvd.cr Mm.Un 03!2096 E1-14 m hw.R•• w.6 Com. ASTM D619a 3 21.1/ mmb*Rb* a.Cw IbF4Vl mr Crnfe•p ERTECH Sae.3023Pf421.0 01131 tl6Cel W Coesm Peo.eveu CE.elwNrr Are 791 SIRK51 52 Aid Rariwrm T- akwn 37712006 Cutin ser Cameiw Pralevlion w—&--I 5-301 ad M-301 k— ieaek- 0370W ca.m fa Cem.ia 3h9raear Cium 515-3096W.F. Sews 741197 TCan.Can Hd.. 31AA inv. %A— P.raea ASTM D126M7M DW30W _ AaktUSA Fwd ASTU P3aaam37U DYMO F. A— B-W d RPM? ASTM DMID1734 1+14.65 1xe Madlred Ca.a A—hUM M.tar _Py. ASTM CI3 A276 FA" 31 ft 102'-Cl-v W D E19 C r' 115 Pi--_ R_ __ Ce Pip ASTMGFS E 144 Care.1Y ANeR/ead 3P.11C. Pi Ca ka ASTM C M _ eN Cana Pi Reilfi.eed 11,d.Co.di1 CLoa III TRO,SPL 1-073 ASTM_C 76 El Cam,vim,Rro�.md---- Has Co.nM.PFedWI/ SPL Ie1r HS /95- A67M C 75 _ Ela/ Coro.3ti Rarltm.eerS Ce.rx3e Pi •Pradsq Ca 1La ASFM C 76 EIA6 Il.m1.Dm-FiI.-_.. _ - -- O'ngn rq.P—k. .C.. &pF BdVr D.a.Ui—P..sse P-yc Clw —AV!WACISDCISI rd.4' EI 46 D.V.I— _ A,—D.K%Yes Ca Awaiew 1~14 -- AWf1•ACIw•CHI- ----41.va 10• Ei-0 Groes.frm ' �— U.8- e F Lb- AWWAC156.CI71 £Ia6 0-66 For P0 m w—C"has PRP C. AWWACI76.C151 P.......3/2412075 P...1 1993 AASHTD Pavement Design DARWin Pavement Design and Analysis System A Proprietary AA SHTD Ware Computer Software Product STL Engineers 8908 Ambassador Row Dallas,Texas USA Rigid Structural Design Module Hemphill West Quiet Zone Project-Fort Worth,Texas STL Project No.07-1194 Rigid Structural Design Pavement Type JPCP 18-kip ESAU Over Initial Performance Period 3,051,500 Initial Serviceability 4.5 Terminal Serviceability 2 28-day Mean PCC Modulus of Rupture 650 psi 28-day Mean Elastic Modulus of Slab 4,400,000 psi Mean Effective k-value 28 psi/in Reliability Level 80% Overall Standard Deviation 0.35 Load Transfer Coeffioient,J 3 Overall Drainage CoefTicien4 Cd 0.7 Calculated Design'Thiclooess 9.60 in w. �' Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product STL Engineers 8948 Ambassador Row Dallas,Texas USA Rigid Structural Design Module Hemphill West Quiet Zone Project-Fort Worth,Texas-Flex Base STL Project No.07-1194 Rigid Structural Design — Pavement Type ]PCP 18-kip ESALs Over Initial Performance Period 3,051,504 Initial Serviceability 4.5 Terminal Serviceability 2 28-day Mean PCC Modulus of Rupture 554 psi 28-day Mean Elastic Modulus of Slab 4,400,404 psi Mean Effective k-value 104 psi/in Reliability Level 80% Overall Standard Deviation 4.35 Load Transfer Coefficient,3 3 Overall Drainage Coefficient,Cd 0.7 Calculated Design Thickness 9.17 in Effective Modulus of Subgrade Reaction Roadbed Soil Base Elastic Resilient Modulus Period Description Modulus(psi f P si .. I winter 20,444 20,040 Base Type Flex Base Base Thickness 8 i n Depth to Bedrock 1 ft Projected Slab Thickness 9.5 in Loss of Support Category 2 Effective Modulus ofSubgrade Reaction 104 psi/in Page 1 Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75663 Phone 9031984-0551 FAX 903/984-5914 a-Mail corp@ana-iab.cont LELAP-accredited#02008 AN��� Printed: L 0 lResults 07127/2009 Page 1 of 6 THE COMPLETE SERVICE LAB 4F Account Project STLA-N 432289 Jason Allen STL Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Results Accredited Parameter Results Units RL Flags CAS Bottle 6 78074 07-1194 B-1 S-2 2-4 Received: 02/242009 Soil Collectedby. B Martinez Affiliadan STL Engineers 02123/2009 62:00 SM 2540 G,20th Ed Analysed.• MLC 02/24/2009 1453 QCgroup 308413 AN Total Solids 90.9 % 0.1 01 Tex-145-E Anabmed: RED 4212412009 1330 QCgrm p 388743 Sulfate by Turbidity 420 mg/kg 220 01 �.r *Dry Weight Basis 078075 - 07-1194 B-2 S-2 1-2 Received: 02/2412009 soil Collected by: B Martinez Affilkrficyr STL Engineers 02/23/2009 02:00 SM 2540 G.20th Ed Analyed MLC 0212412009 1453 QCgrorrp 308413 AN Total Solids 92.2 % 0.1 01 w Tax-145-E Ana4wd.• RED 0212412009 1230 QCgroup 308743 r Sulfate by Turbidity 417" m9Jkg 217 01 *Dry Weight Basis 078076 07-1194 13-4 S-2 1-2 Received: 02124/2009 sail Callecled by: B Martinez Aff lfwion• STL Engineers 07!2312009 02:00 SM 2540 G,20th Ed. Armlyzed.• MLC 0212412009 1453 QCgroup 348413 AN Total Solids 90.1 % 0.1 01 Tex-145-E Analysed• RED 0212412009 1730 QCgroup 308743 Sulfate by Turbidity 427• mg/kg 222 01 *Dry Weight Basis �- 078077 07-1194 B-5 S-1 .5-2 Received: 02/2412009 Soil Colleefedby: B Ma dinex Afffintfarr STL Engineers 07/23/2009 02:00 SM 2540 G,20th Ed, Analyed. MLC 02114!1009 1453 QCgroup 308413 AN Total Solids 93.3 % 0.1 01 _ Tex-145-E Analysed. RED 0212412009 1730 QCgroup 308743 C'orporw Shipping: 2600 lludlep Rd. .Kilgore, T1 75662 Norlh Teras Region:160]E.Lamar 111vd #116 Arlington TN 76011 +moo„r Acrogasr M E M 131= 11 AGCR Edi7lEo v TSO-17025#0637-01 NELAP-accredited NT104Tt]4201-08-TX 2007 Seal of Excellence LDEClientyl,03.216 www.ana-labxoin FarmrOPRQMRESCreated -1 a'1312004 W.2 Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75563 Phone 9631984-0551 FAX 903/9"5914 a-Mail corp@ana-leb.com LELAIP-Accredited#02008 MO. Results 2127!22 0 0207009 Page 2 of 6 C❑N A THE 0OMFLETE SERVICE LAB W Accotmt Project � OEM= STLA-N 432289 Jason Allen STL Engineers " 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Results Accredited Parameter Results Units RL Flags CAS Bottle r 078077 07-1194 B-5 S-1.5-2 Received: 0204/2049 Sail Collected 6y: B Martinez Affrlianoir STL Engineers 0203/2009 02:00 Tax-145-E Analyrd• RED 0212413009 1230 QCgmvp 308743 Z Sulfate by Turbidity 24-16 mg/kg 214 0] 'Dry Weigh(Basis 078078 07-1194 B-7 S-1 0-2 Received: 02/24/2009 soil Collected hy. B Martinez A,Qlliada r STL Engineers 02/23/2009 02:00 SM 2544 G,20th Ed. Anabwd MLC 0212411009 1453 QCgrmp 308413 AN Total Solids 84.7 % 0.3 01 Tex-145-E Analysed.• REI] 0212411009 1234 QCgroup 348743 Sulfate by Turbidity 436* mg/kg 236 01 •Dry Weight Basis .r O'ie9. 07-1194 B-8 S-1 0-2 Received: 02124/2049 Soil Collectedby. B Martinez Affilkian' STL Engineers 0311312009 02;00 SM 2540 G,20th Ed Anal)sed•• MLC 0212411009 1453 OCgraup 308413 AN Total Solids 81.6 % 0.3 01 w Tex-145-F Aua4 ed.• RED 0112411049 1230 QCgroirp 308743 Sulfate by Turbidity 445• mg/kg 245 01 •Dry weight Basis _ Sample Preparation D78i)74 07-1194 B-1 S-2 2-4 Received: 02/2V2009 Ana6wd• x47 0112411009 Bottle Temperature on Receipt <l degrets 01 Calculation Anal)wd• CAL 021.2612009 14:11 r CcrporatcShipping: 2600 Dudley Rd. Kiigare, Tl 75662 North Tex ns Region:160.1 E.Lain ar BI Yd #136 Arlingtoo YX 76011 4tio tK ACCOg tett lE 1M 13 I= P v e USIN *r 4 f aoaaeni��n Y ISO-17025#4637-01 NELAP-accredited#T104704201-08-TX 2007 Seal 4f Excellence LDSChemv1.0.1.216 ►yww.ana-lab-co ] Form rpiPR17JRESCreoted 10+1312004v1.1 � Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75663 �. Phone 9031984-0551 PAX 9431984-5914 e-Mail corpomana-Iab.com UELAP-accredited B02008 Premed: /ru,/�i � Results ] 02I2712UQ9 Pago 3 of 6 COI�e ~ THE COMFLETE SERVICE LAB W Account Project STLA-N 432289 Jason Allen STI.Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Sample Preparation o7s�ia 07-1194 B-1 5-2 2-4 Received: 0212412009 Calculation Analyzed: CAL 02/2fi17009 14:11 r As Received to Ory Welght Basis Calculated 878075. 07-1194 B-2 S-2 1-2 Received: 02/24/2009 Ana&ed. KAT 0212412009 Bottle Temperature on Receipt 9 degrees 01 Calculation Anobard. CAL 0713612009 14.11 As Recelved to Dry Weight Basis Calculated 078676 07-1194 B-4 S-2 1-2 Received: 02/24/1009 Anolyced: VT 0712417009 Bottle Temperature on Receipt 7 degrees 01 Calculation Amatywd.- CAL 0712612069 14:11 .. As Received to Dry Weight Basis Calculated 078077 07-1194 B-5 S-1 .5-2 Received: 0212412009 Anaboed. VT 0212412009 .. Bottle Temperature on Receipt 8 degrees 01 calculation Amrtysed.- CAL 0712613009 14:11 As Received to Dry Weight Basis Calculated 078078 07-1194 B-7 5-10-2 Received: 02/2412009 r Corporate Shipping. ?60017udley Rd. Kilgore, TX 75662 North Tcsgs Region:1601 E.Lamnrt?;Ivd 4 116 Arlington l'X 76011 _ �`tyu tri ACCggbT�n Rll E M 13 ER e � ACCREdITEV 4 s R ISO-17425#0637-01 NEI.AP-accredited##T104704201-08-TX 2007 Seal of Excellence LDSCItenlvl.iZ1.?16 www.ana-lab.com FarmrplPRc.1RL'Screeted IWI"004v1.2 as Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75663 Phone 9431984-0551 FAX 903/984-5914 a-Mail corp@sna-lab.com ana-lab.com LELAP-accredited#42448 AN�c �—_ Printed: r _. lResuits 02f27C2009 Page of THE COMPLETE SERVICE LAB Account Project .,. STLA-N 432289 Jason Allen STI..Engineers R 8908 Ambassador low,Suite 300 Dallas,TX 75247- Sample Preparation 078078 07-1194 B-7 S-1 0-2 Received: 0212412009 Anabca. KAT 0212412009 Bottle Temperature on Receipt 6 degrees 01 Calculation Analysed.- UL 0212612009 14:11 As Received to Dry Weight Basis Calculated 078079 07-1194 B-8 S-1 0-2 Received: 0212 412 0 0 9 Ar+a4" KAT 021241200 Bottle Temperature on Receipt 4 degrees 01 Calculation Anu4wd• CAL 02/26/2009 14:11 As Received to Ory Weight Basis Calculated r r .r Corporate5hiirping: 2611UDudiey ltd. Kilgore, 7% 75652 Norn6 Texas Region:1601 E.Lamar Blvd p 116 Arlington TN 76011 Ace", MEM S E wM W � � ACCAIEo1T IEd ISO-17025#0637-01 NELAP-accredited#7104704201-08-TX 2007 Sea]of Excellence L)S'CTientv1.0.1.216 www.ana-]ab.eom Form rPiPROJRESCrealed I WI 312 004 v 1.2 Ana-Lab Corp. P.Q. Box 9000 Kilgore, TX 75663 Phone 903/984-0551 FAX 903/98-t-5914 e-Mail corp@ana-lab.com LELAP-aceredited 902408 N Prinfed. ANl""1� AP; Results 42/27/2009 Page 5 of (OKK.' THE COMPLETE SERVICE LAB'S ,4 ccnun! Project ` STLA-N 432289 Jason Allen STL Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- Qualifiers: w I-Analyte detected below quantitation limit S-Analyte detected in the associated method blank C- Confirmed value Z-Drying oven slightly exceeded recommended settings D-Duplicate RPD was higher than expected E-Estimated Value .r M-High eql resulting from matrix inteference. !-Lab MDL>Target F-Not read within test method specified time frame A-pH adjusted to 4 prior to analysis H-Sample started outside recommended holding time P- Spike recovery outside control limits due to possible matrix X- Standard reads higher than desired_ S- Standard reads lower than desired T-Ton Numerous To Count U-Unsuitable for analysis We report results on an'As Received'or wet basis unless marked'Dry Weight'. Unless otherwise noted,testing was performed at Ana-lab's corporate laboratory that holds the following Federal and State certificates: Texas Department of Health Lead Firm Certificate 2110075, am EPA National Lead Laboratory Accreditation Program#637.01,US Consumer Product Safety Commission#1095,US Department of Agriculture Soil Import Permit 5-37592, Texas Commission on Environmental Quality Drinking Water Laboratory Certificate TX219, Texas Commission on Environmental Quality NELAP T104704201-06-T7(,Oklahoma Department of Environmental Quality Drinking Water Certification Lab ID#D9913,EPA Lab Number TX00063,USEPA Approved Perchlorate Testing Lab,USEPA UCMR2 Approved + Lain,Oklahoma Department of Environmental Quality Laboratory Certificate 8125,Arkansas Department of Environmental Quality Certification#03-070-0,Louisiana Department of Environmental Quality Laboratory Certification(NELAP,LELAP)#02008, Louisiana Department of Health and Hospitals Drinking Water(NELAP)#LA030020, US Department of Energy Approved, State of Kansas Department of Health and Environment Waste Water and Solid./Hazardous Waste Cert.B-10365,Alabama Department of Environmental Management Drinking Water 441540. Ana-Lab is also accredited to the international 1SO-17025 standard by the American Association for Laboratory Accreditation(A2LA Certificate#0637-01)• The Accredited column designates accreditation by U--UCNIR2(EPA),A— A2LA,N--NELAC,or x—not covered under one of these scopes of accreditation. tet; These analytical results relate to the sample tested. This report may NOT be reproduced EXCEPT in FULL without written approval of Ana-Lab Corp. Unless otherwise specified,these test results meet the requirements ofNELAC. RL is the Reporting Limit(sample specific quantitation limit)and is at or above the Method Detection Limit(MDL).CAS is Chemical Abstract Service number. Corporate Shipping 2600 Dudley Rd. Kilgore,TX 75662 Nnrrh Texas Region:160.1 E.Lantar Blvd #1.16 Arlington T2w 76011 ti lihn%%ACC0,,4 AA E M B E IR o ' nCcsi lEoT6o y 1503-17025#0637-01 NELAP-accredited#7104704201-08-TX 2007 Seal of Excellence LDSCUen1v1.01.216 www.Rna-iab.com FwmrprPROJRESCreared 10312004 v1.2 r Ana-Lab Corp. P.O. Box 9000 fitgore, 'TX 75663 ' Phone 903/984-4551 FAX 9031981-5914 a-Mail CGrp@ana-lob.com LELAP-accredited 002008 _ lResuits Primed: 02127C2009 Page b of 5 ram THE COMPLETE SERVICE LAB CW Account Project " STLA-N 432289 Jason Allen STT,Engineers '~ 8908 Ambassador Row,Suite 300 Dallas,TX 75247- ell �l C.H.Whiteside,MD.,President CorporateShipping: 3600 Dudley Rd. Kilgore, T.X 75662 North TeNns Rrgion:2602 E.Lamar Blvd 11126 Arlington TX 76011 ` ,c ri acco,�o=� IVt E M H E R n c � ACCP pp1YE¢ � ISO-17025#0637-01 NELAP-accredited#7204704201-08-TX 2007 Seal of Excellence LDSChealvl.0,1.216 Y1W1Y.a1la-11b.Cam FomrplPROMESCreated 1011311004YL2 "" Ana-Lab Corp. P.Q. Box 9000 Kilgore, TX 75663 Phone 903/9"0551 FAX 9031984-5914 a-Mali corp@ana-lab.com LELAP-accredited M02008 ► ILR� Control _ ME.a Quality ov THE COMPLETE SEFMCE LAB IrW Printed 02/2712009 Page 1 of I Jason Allen Pro j ect MW Sn Engineers 8908 Ambassador Row,Suite 300 Dallas,TX 75247- W Blank Parameter Type Result Unit Total Solids Blank -0.000100 gams Total Solids Blank -4.004400 gams Duplicate Parameter Sample Type Result Duplicate unit RPD Limit% Total Solids 477649 Duplicate 13.5 14.7 % 8.51 25 Total Solids 477614 Duplicate 14.9 15.2 % 1.99 25 Total Solids 077611 Duplicate 15.0 15.1 % 4.664 25 Total Solids 077647 Duplicate 15.6 15.1 96 3.26 25 Total Solids 077612 Duplicate 15.6 15.3 % 1.94 25 r Total Solids 077613 Duplicate 15.9 16.3 % 2.48 25 Blank Parameter Type Result unit Sulfate by Turbidity Blank 000 mglkg Duplicate Parameter Sample Type Resull Duplicate Unit RPD Limit% Sulfate by Turbidity 078474 Duplicate ND ND mg/kg Sulfate by Turbidity 078685 Duplicate ND ND mg/kg Standard Parameter 7}pe Result 9nown Unit Recover%Limits% Sulfate by Turbidity Standard 20.2 20.0 mg/kg 141 90-110 RPD is Relative Percent Difference:abs(r1-12)I mean(rl,r2)* 100% Recover`%is Recovery Percent: result/known* 1001/o Corporate Shipping: 2600 Dudley Rd. Kilgore, TX 75662 North Texas Region:1601 E.Lamar Blvd p 116 Arlington TX 7501.1 `�a,n eccayp=� M E M B E R 4� a A C(.`q Epl'rEo s x ISO-17025 4 0637-01 NELAP-accredited#T104704201-08-TX 2007 Seal of Excellence 01 MWSFWAK�mR�SSl9Q�LWfl' '�II6R-. ftRA.I:Ai�sS'r7RT.F�•#F'aM� MAn ""' LDSClientvl.0.1.216 www.ana-Iab.com Form r0PROJQCGrprCreated 0112W0!05 v1.0 432289 CoC Print Group 001 of 001 Page 1 of 2 t`009L ETE ERVI E LAB= c C ! I v d }. J CJp ,� U Ex o do N� E to� IVI Il❑ NI 33= do M0 d =r o u N C ❑ o L m w m F rcv �r vZ Z r N q A �a r°$tns aSh� )tat v2 r1d v OI W C m 12 Yry g �3c 1 a N VJ R' ❑n _ N b C b µ Z x ? a N. i., -} -� E om v rL E 19 ter! `e J i C c 'D a d s w a m m m t�. © m W G - 9 ] LLC C7 b Cp m s z x G f ' c m E m p x ] © v Q 15.8 Zf O VJ S ©�Zn C c m C O Z v" ie a NDa A m t� 2.2ro 1 % .. 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Ana-Lab Corp. P.O. Box 9000 Kilgore, TX 75663 Phone 903/984-0551 FAX 903/984-5914 a-Mail eorp@r ana-Iab.coni LELAP-accredited 402008 OWAnalytical Results Punted 02127/2049 Page l of i THE COMPLETE SERVICE LAB 4W_ Report Table of Contents Account Project Jason Allen STLA 432289 STL Engineers 8948 Ambassador Row,Suite 300 Dallas, TX 75247- This report consists of this Table of Contents and the following pages: Repgrt1]nae Description Pa es 432289_03_03_ProjectResults Ana-Lab Project P:432289 C:STLA project Results 6 432289_r10_05 PRO3QCG Ana Lab Project P:432289 C:STLA Project Quality Control Groups 1 432289 r99 09 CoC STLA 1_of 1 Ana-Lab CoC STLA 432289 l�of 1 2 Total Pages: 9 Corporate Shipping: 2600 Dudley Rd. Kilgore, TX 75662 e s laccuEo,ren Y -• c 3: ISO-17025#0637-01 NELAP-accredited#Ti04704241-08-TX 2007 Seal of Excellence LDSCliest v I.a.1.2I b Form rptTOC Created I W6R004 v I.1 GC-6.24B Title VI, Civil Rights Act of 1964, as amended THIS PAGE LEFT INTENTIONALLY BLANK 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 Reguiatlons: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 S of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts,including Procurements of Materlals 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. I 4. Information and Reports:The contractor will provide all information and reports required by the Acts, 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 Provlslons: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 5upplier 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 Authorities Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seg.,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 sax); ■ 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.§5101 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 100-249),(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 a I I of the programs or activities of the Federal-aid recipients,subrecipients and contractors,whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disablWy 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 13188, 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). l i 17 E Title V!Review Report APPENDIX CITY OF FORT WORTH WATER DEPARTMENTS STANDARD PRODUCTS LIST T CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED:3-24.2015 STANDARD PRODUCTS LIST As Approval "Spey No Glassslficahoa .1'Ianufacturer Mode lYo ]!Tafiunal Spec.' Size . `^Jc. , k at t V y WASTEWATER _ Manhole Inserts EI-14 Manhole Insert Knutson Ente n Madero Order-Plastic ASTMD 1248 For24"dia. - EI-14 Manhole Inert South Western P..k.gig Made w Order-Plastic ASTM D 1248 For 24"dia. EI-14 Manhole Insert Noflow-Inflow Made to Order-Plastic ASTMD 1248 For 24"di., 09/23/96 E1-14 Manhole/noes __Southwestern Packitt&Seals,Inc Lifesaver-Stainless Steel _. - For 24"dia. - 09/23/96 E1-14 Mmholc/noes Southweslem Packin &Seals,Inc. TelherLok-Stainless Steel For 24"di. Manholes&Bases/Frames& ecLangular Manhole Fram mid Covers Western Iron Works,Bass&Has F..dg 1001 24"x40"WD Manhole F.mes end Covers Vulcan F..dy 6780 24"x40"W D Manholes&Bases/Frames&Covers/Standard(Round) EI-14 M-hale Frames and Covers Western Iron Works,13—&llays F—dxy 30024 24"Di., EI-14 Manhola Frames end Covers M,,Kinl Iran Warks Inc. A 24 AM 24"Dia. EI-14 Manhole Frames and Covers Neenah Castin 24"Di., EI-14 Manhole Frames end Covers Vulcan F...dl 1342 ASTM A48 24"Di.. EI-14 Manhole Frames and Covers Si aCo MH-144N - EI-14 Manhole Frames and Covers Si eCo .[ion MH-143N EI-14 Manhole Fremes and Covers Pont-A-Mousson GTSSTD 24"dia, EI-14 Manhole Frames and Covers Neenah Casting 24"di.. 10/31/06 EIA4 Manhole Frames and Covers Hin M) Pi SailiPowerseal Hiti ed Ductile Iron Manhole ASTM A536 24"Dia. _—.._...__. ) _...._._ ]/25/03 E1-14 hole Freme Mans and Covers nt-Gobain nes Pamrex/rems RE32RBFS 30"Dia. 01/31;06 EI-14 130"DI MII Rfq and Cavcr East Jordan Iron Works V1432-2 wd 1/1483 M,,g- AAMITO M306-W 30"Di. - 11/02/10 EI-14 30"DI MH Rin end C.— si .Co .tion MH1651FWh1&MH16502 30"Di. 07/19/11 EI-14 30"DIMH Rin and Cover S'r Pi Products MH32FrKSS-DC 30"Di. 08/10/11 EI-14 30"DI MH Rin and Cover __ Accucast 220700 He—y Dittywith Gasket Rin 30"Die 30"ERGO XL Assembly 10/14/13 EI-14 30"DI MH Rigand C.—(Hfed&I—kable) East Jordan Iron Warks with Cam L.o.b'MPIC/T-Gasket AS SETO M105&ASTM A536 30'Di. Manholes&Bases/Frames&Covers/Water Tight&Pressure Tight E1-14 Manhole Frame and Covers Pont-A-Mousson Patit 24"Di.. EI-14 Manhole Fremes end Covers Neenah Castin 24"Dia. EI44 Manhole F.—and Covers Vulcan Foundry 2342 ASTM A48 24"Di.. EI-14 Manhole Fremes and Covers West..Iron Works,Bass&HasFound 300 24P 24"Dia, EI-14 Mmdrole F.—and Covers WKinle Iron Works Inc. WPA:!4AM 24"Di.. 03/08/00 EI-14 Manhole Fremes and Covers Awu- RC2100 ASTM A48 24"Dia. 04/20/01 EI-14 Manhole Fremes and Covers Seram re fdustnes Private Ltd. 300-24-23.75 Ritst,and Cover ASTM A 48 24"Die. Manholes&Bases/New/Components 0]/23/97 lUmthane Hvdro Elie Wat,i— A.hi Ko o K.K. Adeka UR.-Seal P-201 ASTM D2240/D412/D792 04/26/00 Onset loinl for 4'Dia'.MH Hanson Concrete Products Drawin No.35-0048-001 04/26/00 Profile Gaska[fr T Eiiam.M. P,. -Seal Gasket C.m. 2504G Gasket ASTM C443/C-361 SS MH L26/99 IHDPE Mmrhale Adjustment Rin, Ladtech,IncHDPE Adjustment Rin Non-tralE.area 5'13;05 MmlholaFzomal Wms Canes.-CPS W.'i'Sal M.I'.[C En.e salanon System Manholes&Bases/New/Precast Concrete - EI-I4 Manhole,Precast Concrete H dm Conduit C.T SPL It—449 ASTM C 478 48" EI-14 Manhole,Precast Concrete WaII Concrete Pi Co.Ina ASTM C-043 48" _ EI-I4 Manhole,Precast Concrela Hanson(fosse,/Giff-d-Hill) ASTM C 478 __ 48" 04/26/00 EI-14 MH,Sin le Offset Seal Joint Henson T F Dg35-0048-001 ASTM C 478 48"Dia.MH 09/23/96 EI-14 Manhole,Precast C.ncrel. Concrete Product Inc. 48"I.D.Manhele W 32"Cone ASTM C 478 48"w/32"cane 08i 3006 EI-14 Mwhole,IW...i C.-- "h' Turner Conr ar 48"I.D.Manheleav'24"Cone ASTM C 478 48" _ 10;27 a,/' 06 EI-14 Mwholrecast C—'- Olde,--Ie Precast hr.. 48"I.D.Manhele w 24"Cone ASIM C 478 48"Di—.v 24"Rin 06/09/10 EI-14 Manhole,Precast Reinforce Pol m .rete US Com-ire Pi Reinfomed Polv'er Concrete ASTM C-76 48"to 72" Manholes&Bases/New/Fiberglass 1/26/99 Fiber lass ManholeFluid Canlai..enl,Inc. Ft...i. ASTM 3753 Non-1.1fic area 08.30;06 Fib, lass Manhole I_I'.M."ufc'ml Non-Iraftiearca Manholes&Bases/Rehab Systems/Cementitious EI-14 Manhole Rehabs stems_ -d te dex 04/23/01 EI-14 Manhole Aehab S st Standard Cement Materials,1— Reline,MSP EI-14 Manhole Rehab Svslems AP/MPermaft- 4/20/01 EI-14 Mmhole Rehabs slam Stro" Com an Stron Seal MS2A Rehabs stem 5/12/03 EI-14 Manhole Rehab S sl m Liner) Pol-tri lex Technolo'es MH a mduct w oto itifli—ion ASTM D5813 Sy-. 08/3006 General C__ Rt i H-Krete Tr=terolo1j, Vi tI Polvo Repair ProductMisc.Use Manholes&Bases/Rehab Svstems/NonCementitious 05/20/96 EI-14 Manhole Rehab S stems S ra ro, S ra Wall Pcl urethane Coatis ASTM D639/D790 E1-14 Manhole Rehab1,-" sl Sun Coast 12/14/01 Coatf for Cortosionmroteaion ERTECH Series 20230 and 2100 OL31'06 c.wms'for Corrosion Pmlocti't Chesterton Arc 791,S 1 HB.S 1,S2 Acid lleaislana Test SewerA lications 8;282006 Coafts fr Corrosion Prolautiou W.re"Eng iro".ental 5-301 and M-301 SewerA licatioos 08'3006 C..tinas for Corrosi.r Protwtien 0.&1 SLS-30 SolidsE r S,—Arlications Pipe/New/Centrifugally Cast Fiberglass Reinforced Pipe/Polymer Modified Concrete 7/21/97 Cent.Cast Fiber. Hobas PiN USA,Ina Hobos Pi ) ASTM D3262/D3754 10/30/03 Glass-Fiber Reinforced Pul mer Pi Amilecb USA F12Ton-Pressure. ASTM D3262/D3754 03/22/10 Fiber lass Pi A-- B..dslra"d RPMP Pi ASTM D326203754 4 14,05 Polv.cr Maditicd Concrete Pinc_ Amilech USA Mover PA'.—Pi• ASTM C33.A276.F477 8"to 102 Class V 06'09/10 EI-9 Reinforced Poly—C.....Pit, US Como ire Pi Reinforced Polymer Concrete Pw ASTM C-76 Pipes/New/Concrete EI-04 Conc.Pi ,Reff ed Wall Concrete Pi Co.Inc. ASTM C76 E I-04 Conc.Pi ,Reinforced H dm Conduit Co oration Class III T&G.SPL Item#77 ASTM C 76 EI-04 Conc.Pip.,Reinfereed Hanson Concrete Products SPL I—495-M."hole,498-Pi ASTM C 76 E I-04 Conc.PiN,Reffo.ad Concrete Pi &Products Co.Inc. ASTM C 76 Pioes/New/Ductile Iron EI-06 Dectile Iron PipeGriQn Pipe Products,Co. Super Bell-Tice Duclila Iron Pressure Pipe,Class AWWA C 150,C151 3"thru 24" ----- - EI-06 Dectile Ironipe _PAmencan Ductile Iron Pipe Co. American Pesti.Pipe AWWA C 150,C 151 4",6"&10" EI-06 Ductile Iron Pipe U.S.Pipe and Foundry Co. AWWA C 150,C151 • EI-06 Ductile Iron Pipe M.Wa"e Cast Iran Pipe Co. AWWA C150,C151 P..""..a 3/24/2015 P"g.l CITY OF FORT WORTH WATER DEPARTMENT'S UPD,TED.324-2015 STANDARD PRODUCTS LIST ., . .. P �ttl Pipes/New/PVC(Pressure) 12/02/11 EI-24 DR-14PVCPressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4"thm 12" 10/22/14 33-11-12 RR 14 PVC Pressure Pipe Royal Builds g Products Royal Saal PVC Pressure Pipe AWWA C900 4"thm 12" Pipes/New/HDPE(Pipe BUrstinp/S(iplinine) Hi h-densi I eth lane i Phillips Dnsco i ,Inc. O ticore Ductile Pol dh leve Pie ASTM D 1248 8" Hi h-densi I eth lane i Pleura Inc. ASTM D 1248 8" Hi h-densi I eth Ieoe i Poll Pi ,Inc. ASTM D 1248 8" High-density I etb Ieoe PiCSR H dro Cmduit/Pi aline S stems McConnell Pi FW. -roam ASTM D 1248 Pi es/New/PVC" 11/04/99 E7-37 PVC Corm Dred Sewer Pipe Contech Canstmction Products,Inc. Cometh A-2000 S.wer Pie ASTM F 949 8"thm 36" E1-31 PVC CortuRated Sewcr Pioe _ Uponor ETI Company Ultre co ASTM F 949 24"to 36"Onl 05/04/09 EI-31 PVC Carmaced Sewer Pi2e Diamond Plastics Ca .tm. CORR 21 ASTM F949 24"to 36",,I E1-25 PVC Sewer Pi Can-Tex,IndostnesASTM D3034 4"thm 12" E1-25 PVC Sewer Pt Certain-Teed Prodaas Co ASTM D 3034 4"thru IS" EI-25 PVC Sewer Pie Ne cmr M...fain Co ASTM D 3034,D 1784 E1-25 PVC Sewer Pili J-M M—f—fing Com n,Inc. ASTM D 3034 4"-15" 12/23/97' E1-27 PVC Sewer Pi Diamond Plastics Ca ration SDR-26 end SDR-35 ASTM F 789,ASTM D 3034 4"thru 15" EI-27 PVC Sewer PiN Lamson VI..PiN ASTM F 789 4"thru 15" 04/04/07 E1-27 PVC Sewer PiN Pi life Jet Stream SDR-26 end SDr-35 ASTM D 3034 4"thm 15" 33-31-20 PVC Sewer Pi R,yl Building Products R.yl Seal Solid W.11 Pi SDR 26&35 ASTM 3034 4"thm 15" EI-25 PVC Sewer Pi E—i-Technoloies,Inc ASTM D3034 8",10" 11/11/98 E1-28 PVC Sewer Pi Diamond Plastics Co ,eburs "S"Gravity Sewer Pipe _ ASTM F 679 I8"to 27" E1-28 PVC Sewer Pipe 1-M Manufacmnn Com en,Inc. ASTM F 679 18"-2T' 9/1 0 '1/12 EI-28 PVC Sewer Pi Pi life Jet Stream SDR-26 and SDr-35 ASTM F-679 18" I(/12/99 EI-29 PVC Truss Pipe Contech Construction Products,Inc Contech PVC Truss Pi ASTM D 2680 8"throe h IF 09/26/91 E100-2 Closed Profile PVC Pipe Lamson V Ion Pi ow Prime Conduit) Carlon V Ion H.C.Close Profile ASTM F 794 18"to 48" l 1/17/99 E100-2 Closed Prefile PVC Pipe Diamond Plastics Corporation ASTM 1803/F794 IB"to 48" 05,06/05 FI-28 1'VC Solid Wull Pipe Dl.—dPlnmics Cmpam I'S 46 ASTM F-679 18"Io48" 04.27,06 lil-25 I'VC Sowm Fitting., I1arca SDR-26 and SDR-35 Gaskot Ctlinge ASIM(}3034,D.1784,etc 4"-15" EI-25 PVC Sewer Fitwsg, Plastic Trends,1— Gasketed PVC Sewer Main Fmins ASTM D3034 Pioes/New/Ribbed Open Profile Large Diameter 09/26/91 E100-2 PVC Sewer Pi ,Ribbed Lamson V..Pi Carlon V Ion H.C.Closed Profile Pi , ASTM F 679 18"to 48" 09/26/91 EI00-2 PVC Sewer Pi ,Ribbed Extm m Technolo ies,Inc. Ultm-Rib O .Profile e—PiM ASTM F 679 18"to 48" EI00-2 PVC Sewer Pi ,Ribbed U nor ETI Com an 11/10/10 EI00-2 Mol ro Imre PP Sewer Pi ,D.nble Well Advanced Drains e Sy--ADS SaniTite HP Double Wall Corm mad ASTM F 2736 24"-30" 11/10/10 (EI00-2) Pol m lene(PP)Sewer Pip,To le Wall Advanced D,mg,S stems(ADS) SaniTm HP Tri le Wall Pi ASTM F2764 30"t,60" 05/16/11 Steel Reinforced M,th Ieoe PiE. C..Tech Construction Products D.-... ASTM F 2562 24"to 72" Pipes/Rehab/CIPP Cured in Place Pie Insitufonn T....k,Inc ASTM F 1216 05/03/99 Cured in Plane Pie National Enviroteoh Guru National Liner,SPL)Item#27 ASTM F-1216/D-5813 05/29/96 Cured io Place Pie Re olds Incrtnliuer Technol (Inti.,USA) Inline,Te.h.l.gy ASTM F 1216 Pipes/Rehab Fold&Form Fold end Form PiN Cullum Pi s--Inc. 11/03/98 Fold and Form Pi Insim£.rm Technolo ies,Inc. Insimfonn"N.PI ASTM F-1504 Fold and Form Pi American Pi e&Plastics,Inc. Demo.Mu se Onl 12/04/00 Fold and Forth Pi Uk.lmer Ultraliner PVC All.y Pi liner ASTM F-1504,1871,1867 06/09/03 1 Fold end Forth Pie Miller Pi line Co EX Method ASTM F-1504,F-1947 Up to 18"diameter Piga Enlar ment System Method PIM S stem PIM Co ration Pol vetb lane PIM C-P.,Pi—.W e,N.J. App roved Previous) McConnell S st M,Let Constmcfim P.1 Seth Ieoe H-1-Texas A—ed Previous) TRS S s Trenchless Re lac nt S stem Pol eth Ieoe Cel-,Canada App—ed Prev usl Pule Casing pacers 11/04/02 Steal Bend Casing Spacers Advmrced Products and Systems,Inc. Carbon Steel Spacers,Modcl SI 02/02/93 Stainless Steel C-mg Spacer Advanced Products end Systems,Inc. Stainless Steel Spacer,Model SSI 04/22/87 Casing Spacers Cascade Waterworks Mmmfacm mg Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Cashsg Spacer Up to 48"<1-21 09/14/10 Coaled Steel Casio Spacers Pipeline Seal end Insulator Coated Steel Casio Spacers Up 1o49<-2, 05/10/11 Stainless Steel Casing Spacer Pow ..] 4810 P.—h-1, Up to 48"11,12, Coatings 02/25/02 ENxy Linin S stem Sauereisen,Inc S.w C d21ORS LA Cann ty 4210-1,33 12/14/01 E—Linin S st E-1,Technical Comin E-1,2030 end 2100 Series 04,W05 Immior UuclJo Iron Pipc Coating Indur.n Prolcet.401 ASTM B-117 Dnatilc Imo Pio(hdv WATER PirlesNalves&Fittings/Combination Air Release EI-11 Combinmion Air Release Valve GA Industries,Ina Empire Air end Vacuum Valve,Model 935 AsrMA126 Class D,ASTM A 1"&2" EI-11 Combinmion Air Release Valve Multilex Manufactunn Co. Crispin AS..d Vacuum Valves,Model No.A5, 1/2",1"&2" E1-11 Combination At,Release Valve Valve and Primer Co APCO 9143C,#145C and#147C 1",2"&3" PinesNalves&Fittings/Ductile Iron Fittings 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products,Inc. Mechanical Joint Fittings AWWA C153&CI10 E1-07 Ductile Iron Finin Gnfn Pi Products,Co. Mechenieat Joint Finin s AWWA C 110 EI-07 Ductile Iron Finin M,W.../T Icr Pi Union Utilities Division Mechanical Joint Finings,SSB Class 350 AW WA C 153,C 110,C 111 08/10/98 E1-07 M1Finins Si a,Co. Class 350 C-153 MJ Finings AWWAC153 4"-24" 02/26/14 EI-07 Ml Finin s A...c t Class 350 C-153 MJ Pining, AWWAC153 4"-12" 05/14/98 EI-07 Ductile Iron Joint Restraints Ford Meter Box C,./U.i-Flan. Uni-Flange Senes 1400 AW WA C111/CI53 4"to 36" 05/14,08 EI-24 PVC Joint Restraints Ford Meter Box C,JUni-F1me Uni-Flange Senes 1500 Ciml,l—k AWWACIII/CI53 4"to 24"<4, 11/09/04 EI-07 Ductile Iron Joint Restraints One Bolt,Inc. Ona Bolt Restrained Joint Fitting AWWA CII I/C 116/C 153 4"to 12" 02/29/12 33-11-11 Ductile Iron Pia Mechanical Joint Restraint EBAA Imo,Inc. Megmug Series 1100(f.,Dl Pipe) AWWACIII/C116/CI53 4"ro42" 02/29/12 33-11-11 PVC Pi Mechanical Joint Re-mt EBAA Imo,Inc. Megalug Senes 2000(£.,PVC Pipe) AWWACIII/C116/C 153 4"to 24" 08/05/04 EI-07 Mechanical Joist Remine,Glands Si sa,Co. Sigma Oto-Lok Mechanical Joint Restrainer AWWACIII/CI53 4"t.24" Bulldog System(Diamond Lok 21&JM Eagle 10/12/10 EI-24 Interior Restrained Joint S stem S&B TecI—wl Products Loc 900) ASTM F-1624 4"to 12" 08/16/06 El07Mecha—o.Joint Fitting, 811'Industrie, Muwha,w.l Jobst Fitting, AWWA 0153 4"ro 24" Pipes/Valves&Fittings/Resilient Seated Gate Valve" Resilient Wed ed Get,Valve w/ria Gears American Flow Control Senes 2500 Dmwin #94-20247 16" 12/13/02 Resilient Wede Gate Valve American Flow Control Senes 2530 and Series 2536 AWWA C515 30"and 36" 08/31/99 Resilient Wede Gate Valve American Flow Control Sen-2520&2524(SD 94-20255) AWWA C515 20"and 24" 05/18/99 Resilient Wede Gate Veive A—..Flow C—oi Senes 2516(SD 94-20247) AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gore Valve American Flow Caaem� Series 2500(Ovatila Iron) AW WA C515 4"to 12" 08/05/04 Resilient Wedg,Gate Valve American Flow Ca,-l1 42"mrd 48"AFC 2500 AWWA 0515 42"end 48" 05/23/91 EI-26 Resilient Wed,Gate Vmve American AVF.. n Amencen AVK Resilient Seeded GV AW WA C509 4"t,12- P_.- 2"P...—3/24/2015 P^a•2 -Wpppp CITY OF FORT WORTH WATER DEPARTMENT'S UPDATED 3-24-2015 STANDARD PRODUCTS LIST #'.ui; - Y '. "^ •x^ uk.� w�c3 Pse to 01/24/02 E1-26 Resilient Wed a GV.1 _ American AVK Com 20"and smaller E1-26 Resilient Sw dGate Valve Kenned 4"-12" E1-26 Resilient Seated Gate Valve M&H 4"-12" E1-26 Resilient Sealed Gate Valve Mneller Co. 4"-12" 11/08/99 Resilient Wed'Gate Valve Mueller Co. Series A2361 SD 664] AWWA C515 7G" 0123/03 _ Resilient Wed a(3-Valve Mneller Co. Series A2360 for 18"-24"SD6]09 AWWA 24"andsmaller 05/13,05 Rcsiliont Wcdc Gmc Vuivc Mrmllnr Co- Macllor M"&36".0-515 AWWAC515 30^rind 36' 01/31106 Rosiliv7rl Wud eG"le Vulva Mnallcr Co. Mu01cr42"&48",C-515 AWWA 0515 42"am148" 01/28/88 EI-26 Resilient Wed cOato Valve Clow Valve Co. AWWA C509 4"-12" 10/04/94 Resilient Wed c Gme Valve Clow Valve Co. 16"RS GV SD D-20995) AWWA C515 16" 11/08/99 EI-26 Resilient Wed a Gate Valve Clow Vulva Co. Clow RW Valve(SD D-21652) AWWA C515 24"mrd smaller 11/29/04 Resilient Wed Gate Valve _ Clow Volve Co. Clow 30"&36"C-515 AWWA C515 30"and 36"(Note 3) 11/30/12Resilient Wed c Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24"t,48" ore 3 05/08/91 EI-26 Resilient Seated Gate Valve Stockham Valves&Fittings ANSI 420-nem,Asan 4"-12" EI-26 Resiliem Seated Gate Valve U.S.Pi and Found Co. Metresca1250,re ui nts SPL 474 3"to 16" Pi es/Valves&Fittings/Rubber Seated Butterfly Valve E1-30 Robber Seated 13ti R Valve llcr Pratt Co. AWWA C-504 24" EI-30 Rubber Seated['.ei: Valve Mneller Ca, AWWA C-504 24"and s 11t,r IA 1/99 EL30 Rubber Seated B_Nl Valve Dezurik Valves Co. AWWA C-504 24"and Is .- 06/12/03 EI-30 Velmatie American B,ft,fly Valve Va]matie Valve and Manufactunn Cor. Valmatic Amenean BlltterRv Valve. AWWA C-504 Up to 84"diameter 04/06/07 EI-30 Rubber Seated B.—fl Valve M&H Valve M&H Style 4500&1450 AWWA C-504 24"m 48" Samnlme Station 3/12/96Water Sam lin Station Water Plns B20 Water Sum lin S4i Dry Barrel Fire H drants 10/01/87 E-1-12 D Barta1 Firc H dram American-Darlin Valve Drawin Nos.90-18608,94-18560 AWWA C-502 03/31/88 E-1.12 D 8urre1 Fire H dmn[ American Darlin Valve SIN Dmwin No.94-18791 AWWA C-502 09/30/87 E-1-12 D Bartel Fire H drmrt Clow Co oration Sho Dmwin No.D-19895 AW WA C-502 01/12/93 E-1.12 D Barrel FE dram American AVK Com Model 2]00 AWWA C-502 08/24/88 E-1-12 Dy Bartel Fire H-drmrt Clow Coromtion Dmp D20435,D20436,820506 AWWA C-502______ _ E-1-12 D Barrel Firc H dram ITT Kennedy V.1 Sho Drawia No.D-80783FW AWWA C-502 ' 09/24/87 E-1-12 Dy Barrel Fire H dram M&H Valve Conr an Shop D..i.S No.13476 AWWA C-502 Slrop Drawings No.G4G I 10/14/87 E-1-12 Dq Bartel Fire H dram Mueller C"p"v A423 Cemmnm AWWA C-502 Shop Drawing FH-12 01/;5/88 EI-12 D Bartel FireH drmrt Mueller Com an A-0235u er Centurion 200 AWWA C-502 10/09/87 E-1-12 D Bartel FircHdrant U.S.PI &Found Sho Druwin No,960250 AWWA C-502 09/16/87 E-1.12 D Barrel FircHdrmrt Wate ,t C.,.,.y Slro Drawin No.SK740803 AWWA C-502 Water Appurtenances _ 08/08/(12 EI-18A Plastic Mater Boxes East Jordan Qov Works,Ino. Meter Boz(Plastic w/Cl lid Class A,B,C 08/28/02 Double St, Saddle Smith Blair 9317 Nylon Coated Doable Stm Saddle - 07/23/12 33-12-10 Double Sita Service Saddle Muelleomr Can DR2S Double SS Sim Dl Sedd le AWWA C900 V-2"SVC,u d m24"Pi 10/27/87 Ct, Sto s-Bell Meter Valves McDonald 6100M,6100MT&610MT 3/4"en1" 10/27/87 Curb Sto s-Bell Meter Valves McDonald 46038,46048,6100M,6100TM and 6101M II,z and 2" 01/26/00 Coated Ta in Saddle wiih Double SS Stm s JCM Industries,hre. 4406 Double Band SS Saddle V-2"Ta s tup to 12" 01/30/01 Coated 1'e in Saddle wiih Sin Ie SS S'.p JCM Industnes,Inc. 4405 Coated Te in Saddle 1"Ta'son a to 12" 0/521/12 33-12-25 Ta it, Slcove(Coated Steel JCM hidustnas,Ina. 412 Ta in 81wve E99 _ AWWA C-223 LIto 30"w/12"Out OS/10/I I Te in Sleeve(Sminlesa Stccl) Powerseel 3490AS Flan e)&3490MJ 4"-8"end 16" 02/29/12 33.12-25 Ta o SleeveCoated%reel Romeo FTS 240 AWWA C-223 U to 42"w/24"Out 02/29/12 33-12-25 Tu in Sleeve Sitt'id s Steel ROome SST Stainleaa Steel AWWA 4223 U w2 to 24" 12"Out 02/29/12 33-12-25 1Ta in sleeve Sminless Steel Romeo SST III Stainless S-1 AWWA C-223 Up to 30"w212"Out 05/10/11 JOint Re i,Cl. p Powermul 3232 Bell Joint Re air Clam 4"to 30" 08,'28/06 Plastic Mator noa.v Cl I.id ACCIICAST Cla.cs"A"Plastic Box w'Cl Lid Class"A" 08/30106 Plastic Meta Box.v'Plastic Lid DT W I'Iastics hrc. Class"A"Plastic Box w/Plastic lad Cl i "A" (13/24/15 33-12-10 1'Iaslic Meier Box Lid ACCUCASIClass"A"I'hulic Boz I.id CI.,s"A"'''K'&1" Polyethylene Encasement 05/12/05 �E1-13 Polvelhvlann Encasmwll Flassnl Paeku in Fuhnn F"I"'p ices AWWA C105 91 1 LI'D 05/12'05 EI-13 Polvelhvlmto Encaanrent Mowrmin St.-111""'MSP and Ah:P Ind- SimWerd Hmdware AWWA C105 8 mil LLD 05/12/05 1':1-13 Polycllr Icnc Encasinu't A5Mdnsirio. Hullstmng by Ct,l3M'&Gaskc' AWWAC105 Sari;I.1J] Me[crs 02/05/93 EI01-5 Demctor Chaok Mater Ames C..p.iy Model l000Dm_m Chsk Valve AWWAC550 4"-10" 08/05/04 Mn otic Drive Vertical Turbine Herne Ma 'tic Drive Vertical AWWA C701,Class 1 3/4"-6" xs=?^sF*:'t.-'^^i:S:._%,"s._'.akT>.".!` ,„"°„;sv t a 'r" ..C.x."._ ., .. t. ._."n,»•` ""iu '% .Ian .......<. �.... a.,,:_,.„�^...., .... NOTES From On incl Srendard Products List <t> Cartier Pi2e ID. <2> Above 48"Apprvoed on case by case basis _ <3> 30-inch and ler erre uircs B-Puss 14> Produ App—ed to 36"However,C905 PVC Pic koSI u m d n io 24" _ or[ or[ afar aparlmenrs ten a nets 'st a sopa to mmimvc imita re n pr set[a ort ort .. parlmenls tan a pec cahons unngm"'ty co mchon prgecis. Speci(cations for specifc products,are included as part of the Conslmmion Contract Documcnis`ihe requirements of the Technical Specifcation will ocemde the Fort Worth Water Departn'rent's Standard Specifications end the Fort Worth Water Deparlmeut s Standard Products List and approval oft],specific products will be based on the req.ut, I,t fthe Tecbnicnl Specification whether or nor the specific product areata the Fon Worth Water Depart ,d Staadurd Specificmions or is an the Fort Worth Water De rtm fn Slnndard Products List. I P......a 3/24/2015 P...3