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Contract 44449 (2)
CITY STARY CONTRACISIMONDING CO. CONSTRUCT1 NSCOPY CLIENT DEPARTMENT CITY SECRETARY `��0 CONTRACT NO,'i"T� FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Handley Urban Village CSJ: 0902 48 558 FEDERAL AID PROJECT NO. TCSP TC03 (001) CITY PROJECT NO. 01834 DOE NO. 4956, K-2235 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works Department R OVFrECOROtCITY ARY irt.V4011114 TX Prepared for The City of Fort Worth Planning and Development F1 December 2012 Pre ared B igRESE QIUICHOLS 4055 International Plaza, Suite 200 Fort Worth, TX 76109-4895 Phone: (817) 735-7300 Fax: (817) 735-7491 FNI Project No. FT109301 PLEASE DO NOT DISASSEMBLE RECEIVED rig 16 Zile ENGINEER SEAL The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project. Alteration of a sealed document without proper notification to the responsible engineer is an offence under the Texas Engineering Practice. CSJ: 0902 48 558 Project: TCSP TCO3 (001) County: Tarrant �E OF 7.6111 .r eee00©®eee 11 0 00000ee009000900000e0000ee CHRIScB. sB:: CONeo00eeeoeee000e0oeeees oo0 /'/l,�# F93679 FREESE AN NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 000000-1 TABLE OF CONTENTS Page 1 of 3 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 00 05 10 Mayor and Council Communication 6 00 05 15 Addenda 7 00 11 13 Invitation to Bidders 8 00 21 13 Instructions to Bidders 9 00 35 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 00 43 13 Bid Bond 13 00 45 11 Contractors Prequalification 14 00 45 26 Contractor Compliance with Workers' Compensation Law 15 00 45 39 Disadvantaged Business Enterprise Goal 16 00 52 43 Agreement 17 00 61 13 Performance Bond 18 00 61 14 Payment Bond 19 00 61 25 Certificate of Insurance 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 23 TxDOT Requirements 24 • Disadvantaged Business Enterprises (DBE) Requirements 25 • Child Support Statement 26 • Disclosure of Lobbying Activities 27 • Non -Collusion Affidavit and Debarment Certification 28 • Certification of Interest 29 • Contractor's Assurance 30 • Seals Page 31 • General Notes 32 • TxDOT Specifications List 33 • Special Provisions 34 • Special Specifications 35 • Federal Requirements for Federal -Aid Construction Contracts (PR-1273) 36 • "Standard Specifications for Construction and Maintenance of Highways, Streets, and 37 Bridges — Adopted by the Texas Department of Transportation June 1, 2004" — Included 38 by Reference 39 40 Division 01 - General Requirements 41 01 11 00 Summary of Work 42 01 25 00 Substitution Procedures 43 01 31 19 Preconstruction Meeting 44 01 31 20 Project Meetings 45 01 32 16 Construction Progress Schedule 46 01 32 33 Preconstruction Video 47 01 33 00 Submittals 48 01 35 13 Special Project Procedures CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 HANDLEY URBAN VILLAGE CSJ.: 0902 48 558 CITY PROJECT NO. 01834 000000-3 TABLE OF CONTENTS Page 3 of 3 1 33 41 10 Reinforced Concrete Storm Drain Pipe Culverts 2 33 41 14 Landscape Drainage System ** (included in manual) ** 3 33 49 20 Curb and Drop Inlets 4 5 Division 34 - Transportation 6 34 41 30 Aluminum Signs 7 34 71 13 Traffic Control 8 9 Appendix 10 GC-6.06 Disadvantaged Business Enterprise Compliance 11 GC-6.07 Wage Rates 12 13 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 HANDLEY URBAN VILLAGE C.V.. 0902 48 558 CITY PROJECT NO. 01834 IVi&L tcevi ew Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 5/14/2013 Official site of the City of Fort Worth, Texas FORT WORTH DATE: 5/14/2013 REFERENCE NO.: **C-26242 LOG NAME: 06HHUV STREETSCAPE CODE: C TYPE: PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with CPS Civil, LLC, in the Amount of $267,176.00 for the Construction of Pedestrian and Streetscape Improvements in the Historic Handley Urban Village on East Lancaster Street Between Forest Avenue and Handley Drive and Provide for Survey, Materials Testing, Inspections and Contingencies for a Project Total in the Amount of $336,031.27 (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with CPS Civil, LLC, in the amount of $267,176.00 for the construction of pedestrian and streetscape improvements in the Historic Handley Urban Village on East Lancaster Street between Forest Avenue and Handley Drive. DISCUSSION: On April 18, 2006, the City Council authorized the execution of an engineering Agreement with Freese and Nichols, Inc., to design pedestrian and streetscape improvements in the Historic Handley Urban Village (M&C C-21385). Two public meetings were held with property owners and stakeholders of the Historic Handley Urban Village to receive their input on the streetscape elements. The Texas Department of Transportation (TxDOT) completed its review of the design plans and approved the project for letting on January 2, 2013. This project consists of the following pedestrian and streetscape improvements: reconstruction of a deteriorated sidewalk, construction of new sidewalk, curb and gutter, crosswalk, pedestrian lights, and landscaping including a rain garden and irrigation system. The construction costs and estimated inspection fees are as follows: Streetscape Construction $ 140,938.00 Pedestrian Lights $ 58,469.00 Landscaping and Irrigation $ 67,769.00 Contract Cost $ 267,176.00 Survey, Material Testing, $ 42,137.67 Inspections, etc. Ten Percent Contingency $ 26,717.60 Total $ 336,031.27 The streetscape construction, pedestrian lights, survey, material testing, inspections and contingency are funded by Federal Highway Administration grant funds through its Transportation, Community, and System Preservation (TCSP) Program, the balance of which is $289,491.77 after deducting the design fee and TxDOT's oversight charges during the design phase. Additionally, TxDOT's construction oversight fee, which will be paid from the TCSP grant, is estimated at $15,146.00. The landscaping and irrigation system will be funded by TxDOT Green Ribbon Landscaping Program grant funds in the amount of $68,000.00. The Parks and Community Services Department has estimated that the annual budget impact for maintenance of this project could average $5,400.00 per 0.1 mile (approximately one block). The project limits span 0.4 mile. The landscaping and irrigation annual maintenance cost is estimated at $21,600.00 which will be covered by the Parks and http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1... 5/15/2013 M&C Review rage L UI L Community Services Department budget, contingent upon approval of their maintenance budget. The project was advertised for bids on January 31, 2013 and February 7, 2013, in the Fort Worth Star -Telegram and Commercial Recorder in compliance with TxDOT requirements. On February 28, 2013, the following bids for streetscape construction, pedestrian light installation, and landscaping were received from: Bid Proposals Bid Amount Struhs Commercial Construction $259,678.80 CPS Civil, LLC $267,176.00 The Fain Group, Inc. $277,741.55 Cole Construction, Inc. $278,701.00 C. Green Scaping, LP $289,153.50 Northstar Construction, Inc. 1 $298,764.00 Gibson & Associates, Inc. J $333,694.64 McClendon Construction, Inc. 1 $358,427.70 The initial lowest bidder, Struhs Commercial Construction, withdrew their bid, making CPS Civil, LLC, the lowest responsive bidder. M/WBE Office: CPS Civil, LLC, is in compliance with the City's DBE Ordinance by committing to 26 percent DBE participation on this project. The City's DBE goal on this project is 19 percent. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, in the Grant Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR74 541600 022302591830 $267,176.00 GR74 541600 022302591860 $68,000.00 Submitted for City Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Patrina Newton (8068) ATTACHMENTS Handley MC Mao.odf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1... 5/15/2013 1 ADDENDUM NO. 1 2 3 4 PROJECT: 5 6 FEDERAL AID PROJECT NUMBER: 7 8 9 CITY PROJECT NUMBER: I0 11 OWNER: 12 13 CONSULTING ENGINEERS: 14 15 16 17 18 DATE OF ADDENDUM: 19 DATE OF BID OPENING: Handley Urban Village CSJ: 0902 48 558 TCSP TC03 (001) 01834 City of Fort Worth Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 (817) 735-7536 JANUARY 23, 2013 FEBRUARY 28, 2013 000515-1 ADDENDA Page 1 of 1 20 INSTRUCTION TO BIDDERS: Bidders shal acknowledge receipt of this addendum No. 1 on Section 21 00 41 00, Bid Form, Page 3 of 3 of the proposal. 22 1. GENERAL 23 a. Wage Rates — Replace existing wage rates with the recently updated (1-4-2013) 24 version. A copy of the wage rates are attached to this addendum for your 25 reference. 26 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 27 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 28 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 29 non-repsonsive. A signed copy of this addendum shall be placed into the Proposal at the time of 30 bid submittal. 31 32 33 34 35 Project Manager Receipt Ac nowledged: By: ^/417,* Company: C` s C; V%l L- END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable wage rate zone, a list entitled "TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES" is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE PROJECTS; only the controlling wage rate zone applies to the contract. Effective 1-4-2013 ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.# CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1428 Agricultural Tractor Operator $12.69 $12,35 $11.75 1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.40 1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.99 1106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12.36 1112 Batching Plant Operator, Asphalt 1115 Batching Plant Operator, Concrete 1214 Blaster 1615 Boom Truck Operator $18.36 1444 Boring Machine Operator 1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.04 $11.62 $11,74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.05 1144 Communications Cable Installer 1124 Concrete Finisher, Paving and Structures $13.55 $12.46 $13.16 $12.85 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.80 $12.79 $12.98 $13.32 1318 Concrete Pavement Finishing Machine Operator $15.48 $16.05 $19.31 $13.07 1315 Concrete Paving, Curing, Float, Texturing Machine Operator $16.34 $11 71 1333 Concrete Saw Operator I $14.48 $17.33 $13.99 1399 Concrete/Gunite Pump Operator 1344 Crane Operator, Hydraulic 80 tons or less $18.36 $18.12 $18.04 $20.21 $18.63 $13.86 1345 Crane Operator, Hydraulic Over 80 Tons 1342 Crane Operator, Lattice Boom 80 Tons or Less $16.82 $14.39 $13.85 $15.87 $17.27 $14.67 $16.42 $14.97 1343 Crane Operator, Lattice Boom Over 80 Tons $19.38 $20.52 $17.49 $25.13 $15.80 1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50 1351 Crusher or Screen Plant Operator 1446 Directional Drilling Locator $11.67 1445 Directional Drilling Operator $17.24 1139 Electrician $20.96 $19.87 $26.35 $20.27 $19.80 $20.92 $27.11 1347 Excavator Operator,50,000 pounds or less I $13.46 $12.56 $13.67 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.42 1348 Excavator Operator, Over 50,000 pounds $15.23 $13.52 $17.71 $16.99 $18.80 $16.22 $14.53 1150 Flagger $9.30 $9.10 $8.50 $8.81 $9.45 $8.70 $10.06 $9,71 $9.03 $9,08 $9.90 $10.33 $8.10 1151 Form Builder/Setter, Structures $13.52 $12.30 $13.38 $12,91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13,07 $13.61 $12.82 $14.73 $12.23 $12,25 1160 Form Setter, Paving &Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34 1360 Foundation Drill Operator, Crawler Mounted $17.99 $17.43 1363 Foundation Drill Operator, Truck Mounted $16.86 $22.05 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 1369 Front End Loader Operator, 3 CY or Less $12.28 $13.49 $13.40 $13.04 $13.15 $13.29 $13.69 $12.64 $12.89 $13.51 $13.32 $12.17 1372 Front End Loader Operator, Over 3 CY $12.77 $13.69 $12.33 $13.21 $12.86 $13.57 $14,72 $13.75 $12.32 $13.19 $13.17 1329 Joint Sealer 1172 Laborer, Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.15 1175 Laborer, Utility ' $11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.37 1346 Loader/Backhoe Operator I $14.18 $1277 $12.97 $15.68 $14.12 $15.18 $13.58 $1287 $13.21 $14.13 $14.29 ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS. 8 CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1/4/13 1187 Mechanic 1380 Milling Machine Operator 1390 Motor Grader Operator, Fine Grade 1393 Motor Grader Operator, Rough 1413 Off Road Hauler 1196 Painter, Structures 1396 Pavement Marking Machine Operator 1443 Percussion or Rotary Drill Operator 1202 Piledriver 1205 Pipelayer 1384 Reclaimer/Puiverizer Operator 1500 Reinforcing Steel Worker 1402 Roller Operator, Asphalt 1405 Roller Operator, Other 1411 Scraper Operator 1417 Self -Propelled Hammer Operator $20.14 $15.47 $17.47 $17.10 $17.68 $18.94 $18.58 $16.61 $18.46 $16.96 $15.54 $14.64 $12.22 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $17.49 $16.521 $16.88 $18.51 $16.69 $16.13 $17.19 $18.35 $17.07 $17.74 $17.47 $17.08 $15.69 $20.01 $16.15 $14.62 $15.83 $17.07 $14.63 $18.50 $16.02 316,44 315,12 $14.47 317.39 $14.23 $15.53 1 $10.08 $11.88 $18.34 $12.25 $1223 $21.29 $13.00 $14.60 $18.62 $16.42 $13.10 819,17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $14.95 $11.87 $14.64 $12.79 311,37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12 $12.85 $12.88 $11.01 $10.46 $13.50 $14.07 $17.53 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15 $10.95 $11.96 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50 $10.36 $10,44 $10.50 $11.64 $11.51 $10.59 $10,30 $12.04 $12.85 $11.57 $10.61 $11.07 $10.85 $12.27 $11.12 $12.96 $11.88 $12.43 $11.22 $13.95 313.47 1194 Servicer $13.98 $12.34 $14.11 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97 1513 Sign Erector 1708 Slurry Seal or Micro -Surfacing Machine Operator 1341 Small Slipform Machine Operator $15.96 1515 Spreader Box Operator $12.60 $13.12 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 $13.58 1705 Structural Steel Welder $12.85 1509 Structural Steel Worker $1929 $14.39 1339 Subgrade Tnmmer 1143 Telecommunication Technician 1145 Traffic Signal/Light Pole Worker $16.00 1440 Trenching Machine Operator, Heavy $18.48 1437 Trenching Machine Operator, Light 1609 Truck Driver Lowboy -Float 1612 Truck Driver Transit -Mix 1600 Truck Driver, Single Axle 1606 Truck Driver, Single or Tandem Axle Dump Truck 1607 Truck Driver, Tandem Axle Tractor with Semi Trailer 1441 Tunneling Machine Operator, Heavy 1442 Tunneling Machine Operator, Light 1706 Welder $14.02 $15.97 $13.74 $14.84 $13.78 1520 Work Zone Barricade Servicer $10.30 $12.88 $11.46 $11.70 $11.85 $10.77 $11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67 Notes: Any worker employed on this project shall be paid at the rate of one and one half (1-1/2) times the regular rate for every hour worked in excess of forty (40) hours per week. The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas . AGC will make it available on its Web site for any contractor. $14.46 813.631 $13.41 $15,00 $15.93 $15.66 $16,24 $16.39 $14.30 $16.62 $15.63 $14.28 $16,03 $14.14 $12.74 $10.82 $10.75 $11.79 $13,53 $13.16 $12.31 $13.40 $10.30 $11.61 $11.97 $11.46 $11.33 $14.53 $11.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.68 $11.48 $11.10 $12.49 $12.12 $12.50 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 40, 41, 54, 56, 63 County Name Anderson Andrews Angelina Aransas Archer Armstrong Atascosa Austin Bailey Bandera Bastrop Baylor Bee Bell Bexar Blanco Borden Bosque Bowie Brazoria Brazos Brewster Briscoe Brooks Brown Burleson Burnet Caldwell Calhoun Callahan Cameron Camp Carson Cass Castro Chambers Cherokee Childress Clay Cochran Coke Coleman Collin Collingsworth Colorado Comal Comanche Concho Cooke Coryell Cottle Crane Crockett Crosby Culberson Dallam Dallas Dawson Deaf Smith Delta Denton DeWitt Dickens Dimmit Zone County Name 38 54 38 40 35 7 16 56 54 16 16 54 37 16 16 37 54 Donley Duval Eastland Ector Edwards El Paso Ellis Erath Falls Fannin Fayette Fisher Floyd Foard Fort Bend Franklin Freestone 38 Frio 11 Gaines 56 Galveston 16 Garza 18 Gillespie 54 Glasscock 41 Goliad 54 Gonzales 16 Gray 37 16 40 35 8 38 7 38 54 56 38 Grayson Gregg Grimes Guadalupe Hale Hall Hamilton Hansford Hardeman Hardin Harris 54 Harrison 35 Hartley 54 Haskell 54 Hays 54 Hemphill 35 Henderson 54 Hidalgo 37 Hill 16 Hockley 54 Hood 54 Hopkins 54 Houston 16 Howard 54 Hudspeth 54 Hunt 18 Hutchinson 7 Irion 18 Jack 54 Jackson 35 Jasper 54 Jeff Davis 54 Jefferson 35 Jim Hogg 35 Jim Wells 37 Johnson 54 Jones 41 Zone County Name 54 Karnes 41 Kaufman 54 Kendall 7 Kenedy 18 Kent 34 Kerr 35 Kimble 38 King 38 Kinney 38 Kleberg 37 Knox 54 Lamar 54 Lamb 54 Lampasas 56 LaSalle 38 Lavaca 38 Lee 37 Leon 54 Liberty 56 Limestone 54 Lipscomb 37 Live Oak 54 Llano 40 Loving 37 Lubbock 54 Lynn 35 Madison 11 Marion 38 Martin 16 Mason 54 Matagorda 54 Maverick 38 McCulloch 54 McLennan 54 McMullen 56 Medina 56 Menard 63 Midland 54 Milam 54 Mills 16 Mitchell 54 Montague 38 Montgomery 8 Moore 38 Morris 54 Motley 38 Nacogdoches 38 Navarro 38 Newton 54 Nolan 18 Nueces 35 Ochiltree 54 Oldham 7 Orange 38 Palo Pinto 37 Panola 38 Parker 18 Parmer 56 Pecos 41 Polk 37 Potter 35 Presidio 35 Rains Randall Zone County Name Zone 37 Reagan 35 Real 16 Red River 41 Reeves 54 Refugio 37 Roberts 54 Robertson 54 Rockwall 18 Runnels 37 Rusk 54 Sabine 38 San Augustine 54 San Jacinto 16 San Patricio 41 San Saba 37 Schleicher 37 Scurry 38 Shackelford 56 Shelby 38 Sherman 54 Smith 37 Somervell 37 Starr 54 Stephens 7 Sterling 54 Stonewall 38 Sutton 38 Swisher 54 Tarrant 37 Taylor 37 Terrell 41 Terry 54 Throckmorton 16 Titus 41 Tom Green 16 Travis 54 Trinity 7 Tyler 38 Upshur 54 Upton 54 Uvalde 54 Val Verde 56 Van Zandt 54 Victoria 38 Walker 54 Waller 38 Ward 38 Washington 38 Webb 54 Wharton 40 Wheeler 54 Wichita 54 Wilbarger 56 Willacy 38 Williamson 38 Wilson 35 Winkler 54 Wise 18 Wood 38 Yoakum 7 Young 18 Zapata 38 Zavala 7 54 54 38 18 37 54 16 35 54 11 38 38 56 40 54 54 54 54 38 54 11 38 41 54 54 54 18 54 35 7 18 54 54 38 7 16 38 38 11 54 41 18 38 14 38 56 54 38 8 37 54 12 54 41 16 16 54 35 38 54 54 41 41 Revised 1-4-13 00 05 15 - 1 ADDENDA Page 1 of 2 ADDENDUM NO. 2 3 4 PROJECT: Handley Urban Village 5 6 FEDERAL AID PROJECT NUMBER: CST: 0902 48 558 7 TCSP TC03 (001) 8 9 CITY PROJECT NUMBER: 01834 10 11 OWNER: City of Fort Worth 12 13 CONSULTING ENGINEERS: Freese and Nichols, Inc. 14 4055 International Plaza, Suite 200 15 Fort Worth, TX 76109 16 (817) 735-7536 17 18 DATE OF ADDENDUM: FEBRUARY 14, 2013 19 ,DATE OF BID OPENING: FEBRUARY 28, 2013 20 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this addendum No. 2 on 21 Section 00 41 00, Bid Form, Page 3 of 3 of the proposal. 22 1. Contract clarification —This project shall be completed within 55 working days. 23 2. Section 32 01 30 24 a. Part 1.4 Contractor Responsibility —Paragraph B. modify I-1 25 one (1) year 26 b. Part 7 Measurement and Payment —replace section 7.1 with this text: 27 i. All landscape maintenance will be paid for quarterly based on a 28 percentage of the plant material cost. Payment for bid items 192 -- 2002 29 and 192-2004 shall be distributed over the year maintenance agreement. 30 a. The initial payment - 40% of bid cost shall be paid 31 after plant material is placed and approved. 32 b. 3-Month payment - 15% of bid cost will be paid after 33 the first 3 months of maintenance agreement is 34 approved. Utile agreement is not completed and 35 approved, that I 5% will be forfeited. 36 c. 6-Month payment - 15% of hid cost will be paid after 37 the second 3 months of maintenance agreement is 38 approved. If the agreement is not completed and 39 approved, that 15`)/0 will be forfeited, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I , 2011 Handley Urban I Wage CV: 0902-48-558 CITY PROJECT NO, 01834 0005 15-2 ADDENDA Page 2 of 2 1 d. 9-Month payment - 15% of bid cost will be paid after 2 the third 3 months of maintenance agreement is 3 approved. If the agreement is not completed and 4 approved, that 15% will be forfeited. 5 e. Final payment - 15% of bid cost will be paid after the 6 fourth 3 months of maintenance agreement is approved. 7 tithe agreement is not completed and approved, that 8 15% will be forfeited. 9 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website, 10 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 11 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 12 non -responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 13 bid submittal. 14 n Receipt Acknowledged: 15 By: 16 Dena John n, P.E. 17 Project Manager Company: CI' C, V i I 1 L_ L 1 8 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handler- Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 000515-1 ADDENDA Page lof2 1 ADDENDUM NO. 3 2 3 4 PROJECT: Handley Urban Village 5 6 FEDERAL AID PROJECT NUMBER: CSJ: 0902 48 558 7 TCSP TC03 (001) 8 9 CITY PROJECT NUMBER: 01834 10 11 OWNER: City of Fort Worth 12 13 CONSULTING ENGINEERS: Freese and Nichols, Inc. 14 4055 International Plaza, Suite 200 15 Fort Worth, TX 76109 16 (817)735-7536 17 18 DATE OF ADDENDUM: FEBRUARY 25, 2013 19 DATE OF BID OPENING: FEBRUARY 28, 2013 20 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this addendum No. 3 on 21 Section 00 41 00, Bid Form, Page 3 of 3 of the proposal. 22 1. Reference Material and Clarification 23 a. Detail shown on sheet 28 shall be followed when installing conduit or pipe. 24 b. Modifications to traffic control plans may be discussed with City of Fort Worth 25 and TxDOT to determine if an alternative option is possible. 26 2. Bid Form 27 a. Add bid item 751-2030 Plant Bed Maintenance. Replace bid form with the 28 attached version. 29 b. Any sidewalk brick removal and replacement required for this project will be 30 subsidiary to the sidewalk bid item. Damaged bricks may be replaced with 31 bricks provided by City of Fort Worth. 32 c. After completion and approval of all items except items 192-2002 and 192-2004, 33 financial retainage will be reduced to 1%. At the completion and approval of 34 item 751-2030 Plant Bed Maintenance, Final financial retainage will be paid. 35 36 37 CITY OF FORT WOR'1'11 STANDARD CONSTRtiCTION ,SPECIFICATION DOC'11MFN"fS Revised July 1. 2011 Handley Urban Pillage l_titil: 0902-48-558 CITY PROJFCT NO. 01 834 000515-2 ADDENDA Page 2 or2 3. Section 32 01 30 2 a. Part 7 Measurement and Payment —replace section 7.1 with this text: 3 i. All landscape maintenance will be paid by item 751-2030 Plant Bed 4 Maintenance. Payment will be processes at the completion of each three 5 month duration. This bid item is paid per cycle. A cycle is considered 6 completed each time work is performed. 7 1. 3-Month payment - 25% of bid cost will he paid after the first 3 8 months of maintenance agreement is approved. if the agreement 9 is not completed and approved, that 25% will be forfeited. 10 2. 6-Month payment - 25% of bid cost will be paid after the I 11 second 3 months of maintenance agreement is approved. If the 12 agreement is not completed and approved, that 25% will be 13 forfeited. I14 3. 9-Month payment - 25% of bid cost will be paid after the third 15 3 months of maintenance agreement is approved. If the 16 agreement is not completed and approved, that 25% will be 17 forfeited. 18 4. Final payment - 25% of bid cost will be paid after the fourth 3 19 months of maintenance agreement is approved. If the agreement 20 is not completed and approved, that 25% will be forfeited. 21 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 22 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 23 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 24 non -responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 25 bid submittal. 26 Receipt A - <nowledge 27 r ;�ita.—",------- By: �i�t� fir 28 ena Jolmsc , P.E. 29 Project Manager Company: (PS l_. ; v �. � _ .0 30 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handler Urban i`illage CV: 0902-48-558 CiTY PROJECT NO. 01834 001113-1 INVITATION TO BIDDERS 1 2 SECTION 00 11 13 INVITATION TO BIDDERS Page 1 of 2 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Historic Handley Urban Village will be received by the City 5 of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth, Texas 76102 11 until {1:30 P.M. Central Standard Time (CST), Thursday, February 28, 2013}, and bids will be 12 opened publicly and read aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the (approximate) following: 16 17 • 360 LF of Curb and Gutter 18 • 530 SY of 4" Concrete Sidewalk 19 • Landscape Planting 20 • 1 Irrigation System 21 • Pavement Markings 22 23 PREQUALIFICATION 24 The improvements included in this project must be performed by a contractor who is pre- 25 qualified by the TxDOT prior to beginning work under this contract. The procedures for 26 qualification and pre -qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO 27 BIDDERS. 28 29 DOCUMENT EXAMINATION 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 htto://www.fortwoj-thgov.ori/nurchasing/ 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. 35 36 Copies of the Bidding and Contract Documents may be purchased from Freese and Nichols, Inc. 37 located at: 38 4055 International Plaza 39 Suite 200 40 Fort Worth, Texas 76109 41 42 The cost of Bidding and Contract Documents is: 43 Set of Bidding and Contract Documents with half size (if available) drawings: $100.00 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 3 BIDDERS at the following location, date, and time: 4 DATE: February 19, 2013 5 TIME: 1: 00 PM 6 PLACE: 1000 Throckmorton, Planning Conference Room 7 Fort Worth, Texas 76102 8 LOCATION: Planning Conference Room 209 — Located on second floor of City Hall 9 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 FUNDING 15 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 16 revenues generated from grants and dedicated by the Transportation Community and Systems 17 Preservation Program (TCSP) Fund to the work under this INVITATION TO BIDDERS. 18 19 INQUIRIES 20 All inquiries relative to this procurement should be addressed to the following: 21 Attn: Dena Johnson, City of Fort Worth 22 Email: Dena.Johnson@fortworthtexas.gov 23 Phone: 817-392-7866 24 AND/OR 25 Attn: Tim Sansone, Freese and Nichols, Inc. 26 Email: TJS@Freese.com 27 Phone: 817-735-7536 28 29 ADVERTISEMENT DATES 30 January 31, 2013 31 February 7, 2013 32 33 34 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ. 0902-48-558 CITY PROJECT NO. 01834 1 2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 3 Defined Terms 4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time construction work begins. 36 37 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 38 seven (7) calendar days prior to beginning construction, the documentation identified in 39 Section 00 45 11, CONTRACTORS PREQUALIFICATIONS. 40 41 3.2.1. Submission of and/or questions related to prequalification should be addressed to 42 the City contact as provided in Paragraph 6.1. 43 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 17 18 4.1. Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress, performance or furnishing of the Work. 32 33 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 34 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 35 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 36 Nondiscrimination in Federally -assisted programs of the Department of 37 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 38 affirmatively insure that in any contract entered into pursuant to this advertisement, 39 minority business enterprises will be afforded full opportunity to submit bids in 40 response to this invitation and will not be discriminated against on the grounds of 41 race, color, or national origin in consideration of award. 42 43 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 44 contiguous to the Site and all drawings of physical conditions relating to existing 45 surface or subsurface structures at the Site (except Underground Facilities) that 46 have been identified in the Contract Documents as containing reliable "technical 47 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 48 at the Site that have been identified in the Contract Documents as containing 49 reliable "technical data." 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research, investigations, tests, borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations, tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations, tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work, time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation, research, tests, explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima -facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures (except Underground Facilities) which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ.• 0902-48-558 CITY PROJECT NO. 01834 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data" contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work, Etc. 28 29 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ.• 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth, TX 76102 14 Attn: Patrina Newton, Planning Dept 15 Fax: 817-392-8016 16 Email: Patrina.Newtoil a ortworthtexas.gov 17 Phone: 817-392-8068 18 19 20 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 21 City. 22 23 6.3. Addenda or clarifications may be posted via Buzzsaw at 24 https://proiectpoint. buzzsaw. corn/fbrtwortheav/Infrastructure%20Proiects/01834%20- 25%20Historic%20Handlev%20Urban%20Villa&e%20Pedestrian%20and%20Streetscan/ 26 Bid%20Package?public 27 28 29 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 30 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 31 Project. Bidders are encouraged to attend and participate in the conference. City will 32 transmit to all prospective Bidders of record such Addenda as City considers necessary 33 in response to questions arising at the conference. Oral statements may not be relied 34 upon and will not be binding or legally effective. 35 36 7. Bid Security 37 38 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 39 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 40 the requirements of Paragraphs 5.01 of the General Conditions. 41 42 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 43 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 44 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 45 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 46 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 47 other Bidders whom City believes to have a reasonable chance of receiving the award 48 will be retained by City until final contract execution. 49 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ.: 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or -Equal" Items 11 The Contract, if awarded, will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or -equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 19 20 11. Subcontractors, Suppliers and Others 21 22 11.1. In accordance with City Ordinance No. 15530 (as amended), the City has goals for 23 the participation of minority business and women business enterprises in City 24 contracts. A copy of the Ordinance can be obtained from the Office of the City 25 Secretary. The Bidder shall submit the MBE/WBE Utilization Form, 26 Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or 27 Good Faith Effort Form (with "documentation) and/or Joint Venture Form as 28 appropriate. The Forms including documentation must be received by the City no 29 later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The 30 Bidder shall obtain a receipt from the City as evidence the documentation was 31 received. Failure to comply shall render the bid as non -responsive. 32 33 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 34 or organization against whom Contractor has reasonable objection. 35 36 12. Bid Form 37 38 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 39 obtained from the City. 40 41 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 42 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 43 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 44 price item listed therein. In the case of optional alternatives, the words "No Bid," 45 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 46 written in ink in both words and numerals, for which the Bidder proposes to do the 47 work contemplated or furnish materials required. All prices shall be written legibly. 48 In case of discrepancy between price in written words and the price in written 49 numerals, the price in written words shall govern. 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title, the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud, the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CV 0902-48-558 CITY PROJECT NO. 01834 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price, contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements, performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ.• 0902-48-558 CITY PROJECT NO. 01834 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Not Used 9 10 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 11 to be awarded, City will award the Contract within 90 days after the day of the Bid 12 opening unless extended in writing. No other act of City or others will constitute 13 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 14 the City. 15 16 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 17 18 18. Signing of Agreement 19 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 20 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 21 Contractor shall sign and deliver the required number of counterparts of the Agreement to 22 City with the required Bonds, Certificates of Insurance, and all other required documentation. 23 City shall thereafter deliver one fully signed counterpart to Contractor. 24 25 26 27 END OF SECTION 28 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 00 35 13 - 1 CONFLICT OF INTEREST AFFIDAVIT N poi NI CONTS SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 Each •' • der, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also refer . • to as "City") procurement are required to complete Conflict of Interest Questionnaire attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attac -d CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with • City Secretary the required documentation and is eligible to bid on City Work. The referenced . s may be downloaded from the website links provided below. httn://www.ethics.state.tx.us/forms/ a .. df httn://www.ethics.state.tx.us/forms/CIS.ndf LI CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: 26 27 1 i 5 C ,I CI 1 L-L By: Ro\oer+- 28 Company (Pleas 29 30 )2 li 1 5 CI(`Q 5% L a v \Q.. 9 Y 1 v 2 Signature: 31 Address ✓ 32 II n^ 33 WO at v i i RI , T 1-5131 Title: C U 0 l c o o 34 City/State/Zip (Please Print) 35 36 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CS7. 0902-48-558 CITY PROJECT NO. 01834 No KNo voi 003513-2 CONFLICT OF INTEREST AFFIDAVIT Co N cti5 CO LICT OF INTEREST QUESTIONNAIRE For venor or other person doing business with local governmental entity Thte queetlonna1 reflects changes made to the law by H.B. 1431, field Leg_, Regular Sesalon. This questionnaire ... being filed in accordance with Chapter 176, Local Government Code by a person who has - . siness relationship as defined by Section 176.001(1-a) with a local governmental entity a • the person meets requirements under Section 176.006(a). By law this questionnairerr - be filed with the records administrator of the local governmental entity rut later than the 7th b c iness day after the date the person becomes aware of Facts that require the statement to b led. See Section 176.006, Local Government Code. A person commits an offense if e person knowingly violates Section 176.006, Local Government Coode.An offense und= this section is a Class C misdemeanor. J Name of person who has a business lationship with local governmental entity. Page 2 of 3 FORM CIQ OFFICE USE ONLY Dale Received ❑Check this box if you are filing an up..- '- to a previously filed questionnaire. (The law requires that you file an update completed questionnaire with the appropriate filing authority not later than the 7th bus Tess day after the date e ongalaffy fled questionnaire becomes incomplete or al crbate.) 3 Name of local government officer with whom filer has e .. oyment or business relationship. Name of Office This section (item 3 including subparts A. B, C & D} must be ompleted for each officer with whom the filer has an employment or other business relatrriship as defined by Section 1 v =.001(1-a), Local Government Code. Attach addll"+cnal pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likel o receive taxable income, other than investment income, from the filer of the questionnaire? Yes p No B. Is the filer of the questionnaire rceivng or likely to receive taxable income, oth than investment income. from or at the direction of the local government officer named in this section AND the taxable .me is not received from the local governmental entity? �Ves No C. Is the filer of ths questionnaire employed by a corporation or other business entity ►e i respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percant or n Yes fl No G. Describe each employment or business relationship with the local government officer named in ih. section_ signature of perecn doing nusness with the gmernmertal entity CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Adopted e5 121307 Handley Urban Village CS7: 0902-48-558 CITY PROJECT NO. 01834 003513-3 CONFLICT OF INTEREST AFFIDAVIT IUo 1oN OCAL GOVERNMENT OFFICER NFLICTS DISCLOSURE STATEMENT Ions for completing and filing this form are provided on the next page.) Tbls clues Ire reflects changes made in the law by FLIT. 1491, 9tltb Leg., Regular Sriaelon. I This is the not - to the appropriate IocaJ governmental entity that the following local government offs . has become aware of facts that require the officer to file this statement in accordance with c apter 176. Local Government Code Name of Local Goviment Officer J Office Held Page 3 of 3 FORM CIS OfFI EUSEON Y Date Recelted JName of person described by Sectionn176.002(a) and 176.003(a), Local Government Code JDescription of the nature and extent of empto rent or other business relationship with person named in item 3 JList gifts accepted by the local government officer an J any family member. excluding gifts described by Section 176.003(a-1). it aggregate value of the gifts accepted fr. .. arson named in item 3 exceed $250 during the 12-month period described by Section 176.003(a)(2)1B) Date Gift Accepted Descripfion of Gift Date GiftAccepted Date Gift Accepted J AFFIDAVIT Description of Gift Description of Gift (attach additional tbrms as necessary) AFFla NGTArtY STAMP 1 SEAL Aaova I swear under penalty of perlwy that the above „' I: Is true old ccerect I acknoWedge Iliad the disclosure apples to a Wally member {as -tined by &ec1on 176.Da112), ton! Govenvnent Cade) aT Cis local gavrsrrnfnt otflceL t to actn8aleige that this stalernett rimers the 12 mudh perlad tl[ r0ed by edlon 17e.U7 a',\ Loeb C-rrverrrnett Crete. SIgtature of Lora Govern nit Miner Sworn to and subsorlbed before me, try the said this the or 212 to tartlywhich, witness my hand and seal ofc4Sce. Signature of officer adminet+.nng oafs Printed name or officer administering corn 1 2 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 day Tale of ol5cer admLntaeridq Adopted Da Handley Urban Village CSI: 0902-48-558 CITY PROJECT NO. 01834 TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: Units/Sections: 1. Enter Into Agreement 1834 Base Bid SECTION 00 41 00 BID FORM Handley Urban Village Forest Avenue to Handley Drive 00 41 00 BID FORM Page 1 of 5 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 City Spreadsheet - addendum no.3.xls 3. Prequalification The Bidder acknowledges that work must be completed by TxDOT prequalified contractors. a. CPS Civil, LLC b. 4. Time of Completion 00 41 00 BID FORM Page 2 of 5 4.1. The Work will be complete for Final Acceptance within 55 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. DBE Forms (optional at time of bid) e. TXDOT Prequalification Statement f. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary g. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 City Spreadsheet - addendum no.3.xls Total Bid $267,176.00 7. Bid Submittal This Bid is submitted on February 28th, 2013 by the entity named below. Respectfully submitt By: (Signature) Robert Farrow (Printed Name) Title: CEO/COO Company: CPS Civil, LLC Address: 1215 Crest Lane Drive Duncanville, TX 75137 State of Incorporation: Email: rfarrowCaicDscivil.com Phone: 972-674-2950 Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Receipt is acknowledged of Initial the following Addenda: (Addendum No. 1: 1117 3,(13 (4- 'Addendum No. 2: Ifo1 13 / 'Addendum No. 3: Z- 7,5/f3 ` }4i 'Addendum No. 4: Corporate Seal: 00 41 00 BID FORM Page3of5 City Spreadsheet - addendum no.3.xls 00 42 43 BID PROPOSAL Page 4 of 5 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item) No. Unit I - Removal Project Item Information Bidder's Proposal Description 1 REMOVING CONC (PAV) 2 REMOVING CONC (SIDEWALKS) 3 REMOVING CONC (CURB OR CURB & GUTTER) 4 REMOVING STAB BASE AND ASPH PAV (2"-6") Unit II - Roadway 5 PREPARING ROW 6 MOBILIZATION 7 BARRICADES, SIGNS AND TRAFFIC HANDLING 8 EMBANKMENT (FINAL)(DENS CONT)(TY A) 9 D-GR HMA(METH) TY-D SAC -A PG70-22 10 CL C CONC (MISC) 11ICOLORED TEXTURED CONC (4") 12ICURB AND GUTTER (TYPE II-C) 13JCONC SIDEWALKS (4") Unit III - Drainage 14 RC PIPE (CL Il1)(24 IN) 15 MANH (COMPL)(TYA) 16 INLET (COMPL)(CURB)(TY II)(10') Unit IV - Illumination 17 DRILL SHAFT (24 IN) 18 INS RDWY ILL ASSEM (SPECIAL) 19 CONDT (PVC) (SCHD 40) (2") 20 ELEC CONDR (NO. 6) BARE 21 ELEC CONDR (NO. 6) INSULATED 22 ELEC CONDR (NO. 8) BARE 23 ELEC CONDR (NO. 8) INSULATED 24IGROUND BOX TY D (162922) W/APRON 251 ELC SRV TY A 120/240 060 (NS)SS(E)PS(U) 26IREMOVAL OF CABLES Specification I Unit of I Bid Quantity Section No. Measure 104.2001 104.2015 104.2029 105.2011 100.2002 500.2001 502.2001 132.2002 340.2119 1420.2013 1528.2001 529.2057 531.2015 464.2005 465.2013 465.2027 416.2002 610.2071 618.2018 620.2009 620.2010 1620.2011 1620.2012 1624.2014 1628.2004 1690.2009 Unit Price Bid Value SY 55.00 $25.00 $1,375.00 SY 340.00 $11.00 $3,740.00 LF 60.00 $24.00 $1,440.00 SY 55.00 $15.00 $825.00 Removal Total $7,380.00 STA 5.00 $4,000.00 $20,000.00 LS 1.00 $25,000.00 $25,000.00 MO 3.00 $1,975.00 $5,925.00 CY 105.00 $50.00 $5,250.00 TON 20.00 $145.00 $2,900.00 CY 35.00 $315.00 $11,025.00 SY 60.001 $150.00 $9,000.00 LF 360.001 $35.00 $12,600.00 SY 530.001 $34.00 $18,020.00 Roadway Total $109,720.00 LF 80.00 $145.00 $11,600.00 EA 1.00 $2,975.00 $2,975.00 EA 1.00 $3,975.00 $3,975.00 Drainage Total' $18,550.00 LF 33.00 $325.00 $10,725.00 EA 6.00 $4,300.00 $25,800.00 LF 684.00 $13.00 $8,892.00 LF 7.00 $2.00 $14.00 LF 14.00 $2.00 $28.00 LF 704.001 $2.00 $1,408.00 LF 1 1416.001 $2.00 $2,832.00 EA 1 2.001 $1,300.00 $2,600.00 EA 1.001 $5,000.00 $5,000.00 LF 585.001 $2.00 $1,170.00 Illumination Total $58,469.00 Unit VI - Pavement Markings and Signing 27 RELOCATE SM RD SN SUP & AM TY S80 644.2058 EA 3.00 $375.00 $1,125.00 28 REFL PAV MRK TY I (W) 4" (BRK)(090MIL) 666.2002 LF 430.00 $1.00 $430.00 29 REFL PAV MRK TY I (W) 4" (SLD)(090MIL) 666.2011 LF 300.00 $1.00 $300.00 30 REFL PAV MRK TY I (W) 8" (SLD)(09OMIL) 666.2035 LF 200.00 $2.00 $400.00 31 REFL PAV MRK TY 1 (W) 12"(SLD)(090MIL) 666.2041 LF 70.00 $5.00 $350.00 32IREFL PAV MRK TY 1 (W) (ARROW) (090MIL) 1666.2053 1 EA 1 2.00 $275.00 $550.00 331REFL PAV MRK TY I (W) (WORD) (090MIL) 1666.2095 1 EA 1 2.00 $335.001 $670.00 34IREFL PAV MRK TY 1 (Y) 4" (SLD)(090MIL) 1666.2110 1 LF 1085.001 $1.001 $1,085.00 35IREFL PAV MRKR TY I-C 1672.2012 1 EA 20.001 $7.001 $140.00 36IREFL PAV MRKR TY II -A -A 1672.2015 1 EA 1 34.001 $7.001 $238.00 Pavement Marking Total! $5,288.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomi Revised 20120120 City Spreadsheet - addendum no.3.xls 00 42 43 BID PROPOSAL Page of SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Unit VII - Erosion Control and Landscape 37 FURNISHING AND PLACING TOPSOIL 38 COMPOST MANUF TOPSOIL (BIP) 39 BLOCK SODDING 40 IRRIGATION SYSTEM 41 PLANT MATERIAL (1-GAL) 42 PLANT MATERIAL (5-GAL) 43IMULCH 44 PLANT BED PREPARATION 45 VEGETATION BARRIER 46IVEGETATIVE WATERING 47 PIPE UNDERDRAINS (TY 8) (4 IN) 48 PLANT BED MAINTENANCE 49ILANDSCAPE AMENITY (PLANTING POTS) 50IBIOGRD EROSN CONT LOGS (12") DIA 51jBIOGRD EROSN CONT LOGS (12") DIA REMOVE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Specification Unit of Bid Quantity Unit Price Section No. Measure 160.2005 161.2018 162.2002 170.2001 192.2002 192.2004 192.2012 192.2016 192.2017 193.2006 556.2012 751.2030 1014.2001 1122.2048 1122.2056 Bid Value CY 5.00 $25.00 $125.00 CY 9.00 $45.00 $405.00 SY 100.00 $9.00 $900.00 LS 1.00 $25,600.00 $25,600.00 EA 738.00 $9.00 $6,642.00 EA 18.00 $31.00 $558.00 CY 9.00 $45.001 $405.00 SY 1 100.00 $5.00 $500.00 SY 1 289.00 $1.00 $289.00 MG 9.00 $15.00 $135.00 LF 260.00 $25.00 $6,500.00 CYC 1 26.00 $475.00 $12,350.00 EA 1 6.00 $2,200.00 $13,200.00 LF 1 20.00 $6.00 $120.00 LF 1 20.00 $2.00 $40.00 Erosion Contol and LandscapeTotal $67,769.00 Total Bid $267,176.001 City Spreadsheet - addendum no.3.sls 1 2 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 1 3 4 1. Summary. All contractors shall refer to TxDOT's Special Provision 002---017 for TxDOT 5 prequalification requirements. Contractors do not need to be prequalified by City. 6 7 END OF SECTION 8 \LIN updckl-e- pro c ces s C PS \l@ndor Cor.te S CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ.• 0902-48-558 CITY PROJECT NO. 01834 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 I 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 09301. Contractor further certifies that, pursuant to Texas Labor Code, Section I 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 I10 CONTRACTOR: 11 12 CPS I C'I v t 1 L Lc- By. IZO DP.(1-1— Fa 13 Company (Please P 14 (� 15 1116 C re. 5-1- LQ V�.Q I J C i U -Q Signature: 16 Address l ` n /v 18 OUV\COY\Jl\�C 1-5l 3-4- Title: Ca °/CC) o 19 City/State/Zip (Please Print) 1 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME, the undersigned authority, on this day personally appeared 27 e a bP v-I- Fa. rrn»,..) , known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of CPS C ; tc/ , /.[_ C for the purposes and 30 consideration therein expressed and in the capacity therein stated. 1 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z$ 7 day of 33 RQ,b vik v' , 20/. 34 U 35 36 37 r1 Notary Public in and for fe"State of Texas 38 ! 39 40 � ��1. CANDICE MURPHY • Notary Public, State of Texas �r My Commission Expires pie a.� �NNN� March 29, 2016 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSL.' 0902-48-558 CITY PROJECT NO. 01834 004539-1 DISADVANTAGED BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 39 2 DISADVANTAGED BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $25,000 or more, the DBE goal is applicable. 5 If the total dollar value of the contract is less than $25,000, the DBE goal is not applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by 9 Disadvantaged Business Enterprises (DBE) in the procurement of all goods and services to the 10 City on a contractual basis. All requirements and regulations stated in TxDOT's Disadvantaged 11 Business Enterprises program apply to this bid. 12 13 DBE PROJECT GOAL 14 The DBE goal on this project ifthe total bid . 15 16 17 18 19 20 21 22 23 24 Failure to comply with the TxDOT's DBE program, shall result in the Bid being considered non- 25 responsive. Any questions, please contact the M/WBE Office at (817) 392-6104. 26 27 DBE program will be in accordance with Special Provision 000-1966 Disadvantaged Business 28 Enterprise in Federal Aid Contracts. 29 30 Visit http://www.dot.state.tx.us/business/business outreach/dbe.htm for forms, directory of 31 approved companies and additional information. 32 33 SUBMITTAL OF REQUIRED DOCUMENTATION 34 The applicable documents must be received in accordance with Special Provision 000--1966 35 Disadvantaged Business Enterprise in Federal Aid Contracts, Paragraph 3.a. 36 COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE Ordinance by either of the following: 1. Meet or exceed the above stated DBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. 37 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 4 AGREEMENT THIS AGREEMENT, is made by and between 5 The City of Forth Worth, a home rule municipal corporation in the State of Texas, acting by and 6 through its City Manager, hereinafter called City, and CPS Civil, LLC, a LLC (legal 7 description, e.g. corporation, LP, LLC), authorized to do business in Texas, acting by and through 8 its duly authorized representative, hereinafter called Contractor. City and Contractor, in 9 consideration of the mutual covenants hereinafter set forth, agree as follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Construction of Pedestrian and Streetscape Improvements in the Historic Handley Urban 17 Village on East Lancaster Street Between Forest Avenue and Handley Drive 18 CITY PROJECT NO. 01834, CSJ: 0902 48 558 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 55 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal preceding the actual loss suffered by the City if the Work is 32 not completed on time. Accordingly, instead of requiring any such proof , Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City in accordance with TxDOT Special Provision 000---2332 Schedule of Liquidated 35 Damages_for each day that expires after the time specified in Paragraph 3.2 for Final 36 Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 00 52 43 - 2 Agreement Page 2 of 5 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Two Hundred Sixtv-seven Thousand One Hundred 40 Seventy-six and no/100 Dollars ($267,176.00) 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Exhibits to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Prequalification Statement 50 3) State and Federal documents 51 b. Current Prevailing Wage Rate Table 52 c. Insurance Accord Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MWBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications as included in the Project Manual. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued, become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 005243-3 Agreement Page 3 of 5 72 Article 6. INDEMNIFICATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification provision is specifically intended to operate 78 and be effective even if it is alleged or proven that all or some of the damages being 79 sought were caused, in whole or in part, by any act, omission or negligence of the city. 80 This indemnity provision is intended to include, without limitation, indemnity for 81 costs, expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 the city, its officers, servants and employees, from and against any and all loss, damage 86 or destruction of property of the city, arising out of, or alleged to arise out of, the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged or 90 proven that all or some of the damages being 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 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 005243-4 Agreement Page 4 of 5 113 7.6 Other Provisions. 114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 115 classified, promulgated and set out by the City, a copy of which is attached hereto and 116 made a part hereof the same as if it were copied verbatim herein. 117 7.7 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 122 SIGNATURE PAGE TO FOLLOW CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 123 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 124 counterparts. At least one counterpart each has been delivered to City and Contractor. 125 126 This Agreement will be effective on MAY 14 2013 127 128 129 130 131 132 133 134 135 136 137 138 139 Effective Date of the Agreement). Contractor: CPS Civil; LLC By: # f�'' (Signature) (Printed Name) Title: Address: 1215 Crest Lane Drive —o By: 005243-5 Agreement Page 5 of 5 , 20 (which is the City of Fort Worth 4446444%62.--A Fernando Costa Assistant City Manager M&C C -- ZCe Z42 Date 5 /J 4 (13 tha 4000000o `f7Jf `City Secreta aFro eal c 1-G z&, 2 of City/State/Zip: Duncanville, TX 7513 ` °v„le A s etij�s to Form and Legality: ���00Avo 0 I ^/A 1 'y//7 ''. ;rat) 1,Lr O l - ICYW Y j �jrt%C '�''•t ref?-- Assistant City Attorney APPROVAL RE .)MMENDE Indio Harwo DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 00 61 13 • 1 PERFORMANCE BOND Page 1 of 3 Bond No. ASB-536614 SECTION 00 61 13 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, CPS Civil. LLC., known as "Principal" herein and American Safety Casualty Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Two Hundred Sixty- seven Thousand One Hundred Seventy-six and no/100..... Dollars ($267.176.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finely by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of MAY 14 2013 , 2013� which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Construction of Pedestrian and Streetscane Imnrovements in the Historic Handley Urban Village on East Lancaster Street Between Forest Avenue and Handley Drive. CS.I:0902 48 558. City Protect #: 01834 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City. then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01834 HANDLEY URBAN VILLAGE CS/: 0902 48 558 CITY PROJECT NO. 0061 13 •2 PERFORMANCE BOND Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the mAy 1 4 2013 day of , 20 13 ATTEST: lr f. 1`11�d1✓ %w7 (Priincipal) Secretary OAJtt4v Witness as to Principal Witness as to Surety Carol Goodenough, Agency Representative CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01834 PRINCIPAL: CPS Civil, LLC BY: Wit( Name and Title Address: 1215 Crest Lane Drive Duncanville TX 75137 SURETY: American Safety Casualty Insurance Company BY; , T) ignature Sandra Lee Roney Attorney -in -Fact Name and Title Address: 100 Galleria Parkway, Suite 700 Atlanta GA 30339 Telephone Number: (800) 388-3647 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 00 61 13 .3 PERFORMANCE BOND Page 3 of 3 *Note: If signed by an officer of the Surety Company. there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01834 HANDLEY URBAN PILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 00 61 14 -1 PAYMENT BOND Page I of 2 Bond No. ASB-536614 SECTION 00 61 14 PAYMENT BOND THE STATE OF TEXAS KNOW ALL HY THESE PRESENTS: COUNTY OF TARRANT That we, CPS Civil. LLC.. known as "Principal" herein, and American Safety Casualty Insurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Two Hundred Sixtv-seven Thousand One Hundred Seventy-six and no/100..... Dollars ($267.176.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the MAY 14 2013 of 2013, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Construction of Pedestrian and Streetscane Imorovements in the Historic Handley Urban Village on East Lancaster Street. CSJ:0902 48 558, City Protect #: 01834. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSI. 0902 48 558 CITY PROJECT NO. 01834 00 61 14.2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 2013. MAY 14 2013 ATTEST: tii rincipal) Secretary ftbiL' Otria�s as to Principal ATTEST: (Surety) SCy Debi Moon, Agency Representative (T?Q t! s,%' .4ncar".. Witness as to Surety l/ Carol Goodenough, Agency Representative PRINCIPAL: CPS Civil, LLC BY: Signature e/ V,z,L*G 64, ("f/ Name and Title Address: 1215 Crest Lane Drive Duncanville TX 75137 SURETY: American Safety Casualty Insurance Company BY: Signature Sandra Lee Roney Attorney -in -Fact Name and Title Address: 100 Galleria Parkway, Suite 700 Atlanta GA 30339 Telephone Number: (800) 388-3647 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSI. 0902 49 559 CITY PROJECT NO. 01834 0061I9-1 MAINTENANCE BOND Page 1 of 3 Bond No. ASB-536614 SECTION 00 61 19 MAINTENANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we CPS Civil,LLC4 known as "Principal" herein and American Safety Casualty Insurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Two Hundred Sixtv-seven Thousand One Hundred Seventv-six and no/100 Dollars ($267.176.00\ lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of RAY 14 2013 , 2013 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to tarnish all materials, equipment tabor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Construction of Pedestrian and Streetscape Improvements in the Historic Handley Urban Village on East Lancaster Street„ CSJ:0902 48 558, City Proiect #: 01834; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO.01834 006! 19-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANULEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 0061 I9-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surely have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of ..2013 , ATTEST: Ci mctpal) Secretary atki4P ibskejtAD Witness as to Principal ATTE Address: 100 Galleria Parkway, Suite 700 (Surety);000:t yl Deb , Agency Represgntative Atlanta GA 30339 PRINCIPAL: CPS Civil, LL BY: MAY 1 42013 Signature 6 Name and Title Address: 1215 Crest Lane Drive Duncanville TX 75137 SURETY: American Safety Casualty Insurance Company BY: Witness as to Surety Carol Goodenough, Agency Representative Signature Sandra Lee Roney Attorney -in -Fact Name and Title Telephone Number: (800) 388-3647 *NOTE: If signed by an officer of the surety company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the contract is awarded CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HANDLtY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 AMERICANSAFETYINSURANCE POWER OF ATTORNEY NUMBER ASB-536616 KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoints Patricia Lee Bartlett, Carolyn J. Goodenough,Sammy Joe Mullis, Jr., John William Newby,Sandra Lee Roney,Michael Tullis, Mary Jo Zakrzewski, Kristi Meek its true and lawful attorney -in -fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***THREE MILLION***($3,000,000.00) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6th day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in - fact or agent and revoke any power of attomey previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shalt be valid and binding upon the company when: (I) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal is required) by one or more attomey-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this 6th day of August, 2009 Ambuj Jain STATE OF GEORGIA COUNTY OF COBB On this 6th day of August, 2009, before me personally came Joseph D. Scollo, Jr., to me known, who, being by me duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. JAW OOZY My Commissionttisl CID., ORCommission Avp,13. 2012 Jami Miley, Notary Public 1, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attomey, is now in force. Signed and sealed in the City of Atlanta, in the State of Georgia Dated this day of MAY 14 2013 ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your claims representative at 1-800-388-3647. 3. You may call American Safety Casualty Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-388-3647 4. You may also write to American Safety Casualty Insurance Company at: 100 Galieria Parkway, Suite 700 Atlanta, GA 30339 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection( tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su claims representative al 1-800-388-3647. Usted puede Ilamar al numero de telefono gratis de American Safety Casualty Insurance Company's para informacion o para someter una queja al: 1-800-388-3647 Usted tambien puede escribir a American Safety Casualty Insurance Company al: 100 Galleria Parkway, Suite 700 Atlanta, GA 30339 Puede Comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtectioratdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agent o surety primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. COMMENTS/REMARKS The General Liability, Automobile and Umbrella policies include a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder for ongoing and completed operations only when there is written contract between the named insured and the certificate holder that requires such status. The General Liability, Automobile and Umbrella policies contain an endorsement with primary and noncontributory wording that may apply only when there is a written contract between the named insured and the certificate holder that may require such status. The General Liability, Automobile, Workers Compensation and Umbrella policies include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires this. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 6 Article 2 — Preliminary Matters 7 2.01 Copies of Documents 7 2.02 Commencement of Contract Time; Notice to Proceed 7 2.03 Starting the Work 8 2.04 Before Starting Construction 8 2.05 Preconstruction Conference 8 2.06 Public Meeting 8 2.07 Initial Acceptance of Schedules 8 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 3.06 Electronic Data 11 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 16 5.01 Licensed Sureties and Insurers 16 5.02 Performance, Payment, and Maintenance Bonds 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 18 5.05 Acceptance of Bonds and Insurance; Option to Replace 19 Article 6 — Contractor's Responsibilities 19 6.01 Supervision and Superintendence 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 6.02 Labor; Working Hours 20 6.03 Services, Materials, and Equipment 20 6.04 Project Schedule 21 6.05 Substitutes and "Or -Equals" 21 6.06 Concerning Subcontractors, Suppliers, and Others 24 6.07 Wage Rates 25 6.08 Patent Fees and Royalties 26 6.09 Permits and Utilities 27 6.10 Laws and Regulations 27 6.11 Taxes 28 6.12 Use of Site and Other Areas 28 6.13 Record Documents 29 6.14 Safety and Protection 29 6.15 Safety Representative 30 6.16 Hazard Communication Programs 30 6.17 Emergencies and/or Rectification 30 6.18 Submittals 31 6.19 Continuing the Work 32 6.20 Contractor's General Warranty and Guarantee 32 6.21 Indemnification 33 6.22 Delegation of Professional Design Services 34 6.23 Right to Audit 34 6.24 Nondiscrimination 35 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 Furnish Data 36 8.03 Pay When Due 36 8.04 Lands and Easements; Reports and Tests 36 8.05 Change Orders 36 8.06 Inspections, Tests, and Approvals 36 8.07 Limitations on City's Responsibilities 37 8.08 Undisclosed Hazardous Environmental Condition 37 8.09 Compliance with Safety Program 37 Article 9 - City's Observation Status During Construction 37 9.01 City's Project Representative 37 9.02 Visits to Site 37 9.03 Authorized Variations in Work 38 9.04 Rejecting Defective Work 38 9.05 Determinations for Work Perfoiiiied 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 Article 10 - Changes in the Work; Claims; Extra Work 38 10.01 Authorized Changes in the Work 38 10.02 Unauthorized Changes in the Work 39 10.03 Execution of Change Orders 39 10.04 Extra Work 39 10.05 Notification to Surety 39 10.06 Contract Claims Process 40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 41 11.01 Cost of the Work 41 11.02 Allowances 43 11.03 Unit Price Work 44 11.04 Plans Quantity Measurement 45 Article 12 - Change of Contract Price; Change of Contract Time 46 12.01 Change of Contract Price 46 12.02 Change of Contract Time 47 12.03 Delays 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 13.04 Uncovering Work 49 13.05 City May Stop the Work 49 13.06 Correction or Removal of Defective Work 50 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 City May Correct Defective Work 51 Article 14 - Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 54 14.04 Partial Utilization 55 14.05 Final Inspection 55 14.06 Final Acceptance 55 14.07 Final Payment 56 14.08 Final Completion Delayed and Partial Retainage Release 56 14.09 Waiver of Claims 57 Article 15 - Suspension of Work and Termination 57 15.01 City May Suspend Work 57 15.02 City May Terminate for Cause 58 15.03 City May Terminate For Convenience 60 Article 16 - Dispute Resolution 61 16.01 Methods and Procedures 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 Article 17 — Miscellaneous 62 17.01 Giving Notice 62 17.02 Computation of Times 62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 63 17.05 Headings 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-1 GENERAL CONDITIONS Page 1 of 62 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the teilus 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 -Willis are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined teilli, the teiiu shall have a meaning as defmed below whether capitalized or italicized or otherwise. In addition to terms specifically defmed, 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 fold]. 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 foiiu 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 fotul, if any, and the Bid Foiui with any supplements. 10. Business Day — A business day is defined as a day that the City conducts noiinal 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 Revised: November 9, 2011 007200-2 GENERAL CONDITIONS Page 2 of 62 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perfoiiii specific duties with responsibility for fmal enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revised: November 9, 2011 007200-3 GENERAL CONDITIONS Page 3 of 62 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. 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 Revised: November 9, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See defmition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-5 GENERAL CONDITIONS Page 5 of 62 51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project —The Work to be performed under the Contract Documents. 53. Project Representative The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61 Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-6 GENERAL CONDITIONS Page 6 of 62 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or info' nation which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and teinis discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-7 GENERAL CONDITIONS Page 7 of 62 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terns of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-8 GENERAL CONDITIONS Page 8 of 62 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not take advantage of any variation of form, fol. nat or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-10 GENERAL CONDITIONS Page 10 of 62 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-11 GENERAL CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media foinfat 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 peinianent 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 perfoiiiied. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-12 GENERAL CONDITIONS Page 12 of 62 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-13 GENERAL CONDITIONS Page 13 of 62 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a fmal commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.. 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-14 GENERAL CONDITIONS Page 14 of 62 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-15 GENERAL CONDITIONS Page 15 of 62 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 infoiiiiation. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemn 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 Revised: November 9, 2011 007200-16 GENERAL CONDITIONS Page 16 of 62 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-17 GENERAL CONDITIONS Page 17 of 62 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 deteniiined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-18 GENERAL CONDITIONS Page 18 of 62 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor 's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-19 GENERAL CONDITIONS Page 19 of 62 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 20 GENERAL CONDITIONS Page 20 of 62 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 perfoini construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-21 GENERAL CONDITIONS Page 21 of 62 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 22 GENERAL CONDITIONS Page 22 of 62 2) it will reliably perfouu 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 perfoiiiiance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient infoiination 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: 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 Revised: November 9, 2011 00 72 00 - 23 GENERAL CONDITIONS Page 23 of 62 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 infoimation to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemni.ft and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. 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 Revised: November 9, 2011 00 72 00 - 24 GENERAL CONDITIONS Page 24 of 62 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE 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 MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 25 GENERAL CONDITIONS Page 25 of 62 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work perfoinred for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-26 GENERAL CONDITIONS Page 26 of 62 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 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. 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 infouuation 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 Revised: November 9, 2011 007200-27 GENERAL CONDITIONS Page 27 of 62 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to pellnits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-28 GENERAL CONDITIONS Page 28 of 62 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. httD://www.window.state.tx.us/taxinfo/taxforms/93-fonns.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 29 GENERAL CONDITIONS Page 29 of 62 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 indemnii5) and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 30 GENERAL CONDITIONS Page 30 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-31 GENERAL CONDITIONS Page 31 of 62 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for confoiiiiance 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-Infoiuration-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 32 GENERAL CONDITIONS Page 32 of 62 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 deteifnine if the items covered by the submittals will, after installation or incorporation in the Work, confoiul 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 Revised: November 9, 2011 007200-33 GENERAL CONDITIONS Page 33 of 62 2. nounal wear and tear under normal usage. C. Contractor's obligation to perfoiiu 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 perfouui the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or fmal 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.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-34 GENERAL CONDITIONS Page 34 of 62 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all perfoiiilance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for confotntance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 35 GENERAL CONDITIONS Page 35 of 62 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 36 GENERAL CONDITIONS Page 36 of 62 7.02 Coordination A. If City intends to contract with others for the perfoiiiiance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 37 GENERAL CONDITIONS Page 37 of 62 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-38 GENERAL CONDITIONS Page 38 of 62 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be perfoiiiied under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-39 GENERAL CONDITIONS Page 39 of 62 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 perfoinuance, 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 peimanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-40 GENERAL CONDITIONS Page 40 of 62 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-41 GENERAL CONDITIONS Page 41 of 62 D. City's written action under Paragraph 10.06.0 will be fmal and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The teen Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 4. Payments made by Contractor to Subcontractors for Work perfoiiled by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 43 GENERAL CONDITIONS Page 43 of 62 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The teliil Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a foram acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-44 GENERAL CONDITIONS Page 44 of 62 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-46 GENERAL CONDITIONS Page 46 of 62 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor 's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually perfoinus the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-47 GENERAL CONDITIONS Page 47 of 62 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.6, 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 CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-48 GENERAL CONDITIONS Page 48 of 62 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-49 GENERAL CONDITIONS Page 49 of 62 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will confoiui 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 Revised: November 9, 2011 00 72 00 - 50 GENERAL CONDITIONS Page 50 of 62 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-51 GENERAL CONDITIONS Page 51 of 62 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-52 GENERAL CONDITIONS Page 52 of 62 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a foiiii of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all infoiuiation as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-53 GENERAL CONDITIONS Page 53 of 62 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work perfoimed 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 perfoiiiied have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-54 GENERAL CONDITIONS Page 54 of 62 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor 's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 55 GENERAL CONDITIONS Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-56 GENERAL CONDITIONS Page 56 of 62 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for fmal payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to fmal 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 fmal Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 57 GENERAL CONDITIONS Page 57 of 62 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 fmal 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 fmal quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-58 GENERAL CONDITIONS Page 58 of 62 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 MWBE ordinance established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-59 GENERAL CONDITIONS Page 59 of 62 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 perfoiined. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-60 GENERAL CONDITIONS Page 60 of 62 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the perfoiiiiance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-61 GENERAL CONDITIONS Page 61 of 62 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 fmal settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the forum and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes fmal and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fmal 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 Revised: November 9, 2011 007200-62 GENERAL CONDITIONS Page 62 of 62 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-63 GENERAL CONDITIONS Page 63 of 62 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive fmal 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 Revised: November 9, 2011 1 2 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 6 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions, unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2, "Resolving Discrepancies" 24 25 Plans govern over Specifications and Specifications shall govern over standard details. 26 27 SC-4.O1A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the fmal easements descriptions, Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1., "Availability of Lands" 34 35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 36 January 30, 2012: 37 38 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION NONE NONE NONE 39 The Contactor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2, "Availability of Lands" 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village CST: 0902-48-558 CITY PROJECT NO. 01834 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 Utilities or obstructions to be removed, adjusted, and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 4 as of January 30, 2012 5 EXPEC 1ED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE NONE NONE 6 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A., "Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 NONE 14 15 The following are drawings of physical conditions in or relating to existing surface and subsurface 16 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 17 NONE 18 19 SC-4.06A., "Hazardous Environmental Conditions at Site" 20 21 The following are reports and drawings of existing hazardous environmental conditions known to the City: 22 NONE 23 24 SC-5.03A., "Certificates of Insurance" 25 26 The entities listed below are "additional insureds as their interest may appear" including their respective 27 officers, directors, agents and employees. 28 29 (1) City 30 (2) Consultant: Freese and Nichols, Inc. 31 (3) Other: Caye Cook & Associates, Gorrondona & Associates 32 33 SC-5.04A., "Contractor's Insurance" 34 35 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 36 coverages for not less than the following amounts or greater where required by laws and regulations: 37 38 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 39 40 Statutory limits 41 Employer's liability 42 $100,000 each accident/occurrence 43 $100, 000 Disease - each employee 44 $500, 000 Disease - policy limit 45 46 SC-5.04B., "Contractor's Insurance" 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 2 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 3 minimum limits of: 4 5 $1, 000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the 9 General Aggregate Limits apply separately to each job site. 10 11 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C., "Contractor's Insurance" 15 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under 16 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 17 18 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 19 defined as autos owned, hired and non -owned. 20 21 $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 22 least: 23 24 $250, 000 Bodily Injury per person / 25 $500, 000 Bodily Injury per accident / 26 $100, 000 Property Damage 27 28 SC-5.04D., "Contractor's Insurance" 29 30 The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and 31 material deliveries to cross railroad properties and tracks 32 NONE 33 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. The requirements specified herein likewise relate 40 to the Contractor's use of private and/or construction access roads crossing said railroad company's 41 properties. 42 43 The Contractual Liability coverage required by Paragraph 5.04D 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: $Confirm Limits with Railroad 51 52 Required for this Contract X Not required for this Contract 53 <Provide an `X" next to the appropriate selection above based on the Contract requirements> 54 55 With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village CSI: 0902-48-558 CITY PROJECT NO. 01834 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 2 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 3 the name of the railroad company. However, if more than one grade separation or at -grade 4 crossing is affected by the Project at entirely separate locations on the line or lines of the same 5 railroad company, separate coverage may be required, each in the amount stated above. 6 7 2. Where more than one railroad company is operating on the same right-of-way or where several 8 railroad companies are involved and operated on their own separate rights -of -way, the Contractor 9 may be required to provide separate insurance policies in the name of each railroad company. 10 11 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a 12 railroad company's right-of-way at a location entirely separate from the grade separation or at- 13 grade crossing, insurance coverage for this work must be included in the policy covering the grade 14 separation. 15 16 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 17 way, all such other work may be covered in a single policy for that railroad, even though the work 18 may be at two or more separate locations. 19 20 No work or activities on a railroad company's property to be performed by the Contractor shall be 21 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 22 for each railroad company named, as required above. All such insurance must be approved by the City and 23 each affected Railroad Company prior to the Contractor's beginning work. 24 25 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 26 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 27 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 28 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 29 railroad company operating over tracks involved in the Project. 30 31 SC-6.04., "Project Schedule" 32 33 Project schedule shall be tier <3> for the project. 34 35 SC-6.07., "Wage Rates" 36 37 The following is the prevailing wage rate table(s) applicable to this project and is provided in the 38 Appendixes: 39 40 <Buzzsaww location, Resources/02-Construction Documents/Construction Specification Book/05-General 41 and Special Condtions/05.9-Wage Rate AI&C_7-8-08.pdf> 42 43 SC-6.09., "Permits and Utilities" 44 45 SC-6.09A., "Contractor obtained permits and licenses" 46 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 47 None 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 February 2, 55 2012 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village C.SJ: 0902-48-558 CITY PROJECT NO. 01834 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 2 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE NONE 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 10 nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, 11 "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 Contractor's 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 Depaituient 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 Depai lucent 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 leases 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, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village CS : 0902-48-558 CITY PROJECT NO. 01834 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 1 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a 2 subcontractor or supplier as a result of such direction, the contractor may request City to enter into 3 such litigation to protect the interests of City, and, in addition, the contractor may request the United 4 States to enter into such litigation to protect the interests of the United States. 5 6 Additional Title VI requirements can be found in the Appendix. 7 8 SC-7.02., "Coordination" 9 10 The individuals or entities listed below have contracts with the City for the performance of other work at 11 the Site: 12 Vendor NONE Scope of Work NONE Coordination Authority NONE 13 14 15 SC-8.01, "Communications to Contractor" 16 17 NONE 18 SC-9.01., "City's Project Representative" 19 20 The following firm is a consultant to the City responsible for construction management of this Project: 21 NONE 22 SC-13.03C., "Tests and Inspections" 23 24 NONE 25 SC-16.01C.1, "Methods and Procedures" 26 27 NONE 28 29 30 31 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS - 1 DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS PROJECT: FOR THE CONTRUCTION OF MISCELLANEOUS WORK CONSISTING OF HARDSCAPE, ILLUNHNATION AND PAVEMENT MARKINGS HIGHWAY: VA COUNTY: TARRANT TXDOT CSJ: 0902 48 558 The following goal for disadvantaged business enterprises is established: DBE 19.00% 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 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 and the Bidder will be excluded for rebidding on the project when it is re -advertised. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ 0902 48 558 CITY PROJECT NO. 01834 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. DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: Prime ❑ Subawardee Tier , if known: Congressional District, if known: 4c 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: 2. Status of Federal Action: a. bid/offer/application b. initial award c. post -award 3. Report Type: a. initial filing b. material change For Material Change Only: year quarter date of last report Approved by OMB 0348-0046 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 1 Da ) (last name, first name, MI): Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification 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 organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Non -Collusion Affidavit and Debarment Certification - 1 Non -Collusion Affidavit and Debarment Certification PROJECT: FOR THE CONTRUCTION OF MISCELLANEOUS WORK CONSISTING OF HARDSCAPE, ILLUMINATION AND PAVEMENT MARKINGS HIGHWAY: VA COUNTY: TARRANT TXDOT CSJ: 0902 48 558 INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME OR FOR A CORPERATION The bidder being duly sworn, solemnly swears (or affirms) 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: Print or type individual name Trading and doing business as Print or type firm name Address Witness Signature of Bidder, Individually Print or type witness' name Print or type signer's name If a Corporation affix Corporate Seal AFFIDAVIT MUST BE NOTARIZED NOTARY SEAL Subscribed and sworn to before me this the day of 20 Signature of Notary Public HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 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 fiiiu(s) interested in this work for consideration for performing a portion of this work. YES NO B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave 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 will incorporate the Standard Specification and Special Provisions to Section 9.6.B. "Payment Provisions for Subcontractors", all subcontract agree- ments exceeding $2,000 will incorporate the applicable "Wage Deteitnination Decision", and, all subcontract agreements of $10,000 or more will incorporate the following: Special Provision Special Provision Special Provision Faun FHWA 1273 "Certification of Nondiscrimination in Employment" "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) "Standard Federal Equal Employment Opportunity Con- struction Contract Specifications" (Executive Order 11246) "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) TxDOT Requirements SEALS PAGE TxDOT Requirements SEALS PAGE Freese and Nichols, Inc. Fort Worth, Texas Teresa Castillon Texas Registration Number 111323 ENGINEERING RESPONSBILITY TxDOT Requirements Standard Specifications: Item 610 Roadway Illumination Assemblies Item 618 Conduit Item 620 Electrical Conductors Item 624 Ground Boxes Item 628 Electrical Services Item 690 Maintenance of Traffic Signals Special Provisions: 610---015 Roadway Illumination Assemblies 620---001 Electrical Conductors 624---014 Ground Boxes 628---003 Electrical Services of 7-2 i* ;°• �_•sl . %\ • *��j TERESA CASTILL6N of , 15'; 111323 Il�,�cc • ��CENS��'G� s 21-12 1,1 \ , NAB �� !�' e/lQivcL FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 TxDOT Requirements SEALS PAGE Caye Cook and Associates Dallas, Texas Caye Cook Texas Registration Number 1275 LANDSCAPE ARCHITECT RESPONSBILITY TxDOT Requirements Standard Specifications: Item 160 Topsoil Item 161 Compost Item 162 Block Sodding Item 170 Irrigation System Item 192 Plant Material Item 556 Pipe Underdrains Special Provisions: 161---006 Compost Special Specifications: 1014 Landscape Amenity CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 Project Number: TCSP TC03 (001) County: Tarrant Highway: CS **** Specification Data **** Basis of Estimate ***************** Item Description 340 Hot Mix (All Types) Sheet 6-A Control: 0902-48-558 Rate Unit 1151b/SY/in Ton * Based On 50/50 Mixture Of Emulsified Asphalt Residue And Water. ** Non -Pay, for Contractor's Information Only. Compaction Requirements for Base Courses: **************************************** (Percent Of Density As Determined By Compaction Ratio Test TEX-113-E) ITEM MATERIAL COURSE MIN DENSITY 247 Flex Base All 100 % GENERAL NOTES - ROADWAY ILLUMINATION ******************************************** Only materials, with approved product codes or designations, from prequalified producers are accepted on bids. The Construction Division (CST) of the Texas Department of Transportation (TxDOT) maintains the material producers list of approved producer product codes or designations. Use the following website to view this list: http://www.dot.state.tx.us/business/producer list.htm Furnish and install Item 610-2071 INS RDWY ILL ASSEM (SPECIAL) as detailed on plan sheet 51, Lighting Fixture Schedule and plan sheet 52 Electrical Details. TxDOT's standard Item 610 is not applicable for this project." Locate all luminaires, poles, electrical service points, ground boxes and conduit as directed. Where possible, conduit runs should be straight and placed with a minimum number of bends and/or ground boxes. General Notes Sheet A Project Number: TCSP TC03 (001) Sheet 6-B County: Tarrant Control: 0902-48-558 Highway: CS If the actual length of conductor in a circuit exceeds the estimated length by more than 75 feet, recalculate the voltage drop for the circuit. The Contractor's attention is directed to all locations where illumination circuits cross existing sign light, traffic signal, surveillance, or roadway illumination circuits owned by TxDOT the Contractor will be responsible for locating any existing circuits prior to any trenching, foundation drilling or excavation. If any existing circuits are damaged by the Contractor, splice the circuits or repair the conduit and replace the conductor as directed, to ensure proper operation of the system. Complete these temporary repairs as soon as possible after damage occurs. All labor and materials required for the temporary repairs will be at the Contractor's expense. Maintain the temporary repairs until permanent repairs are made. Pe iiianent repairs shall consist of the replacement of damaged or temporarily repaired conduit, conductor, ground boxes, etc., as directed, and shall be constructed in accordance with the requirements of the appropriate bid items and this project for new construction. Permanent repairs, including the placement of ground boxes, extensive conduit runs, etc. will be measured and paid for in accordance with the appropriate bid items. Only one permanent repair per circuit run will be considered for payment. 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 www.dot.state.tx.us/forms/construction.htm under the "SiteManager" heading. Submit test results within 24 hours of test completion by email or CD. 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 9AM to 3PM Monday through Monday through and Friday Friday 7 PM to 6 AM Monday through Friday All day Saturday and Sunday 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 9:00 pm and 6:00 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 B Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-C Control: 0902-48-558 Remove all existing fences within the right of way and remove and replace all existing fences within easements where such fences conflict with the work. Protect the remaining fence from damage due to slacking. Erect temporary fencing in the easement areas as necessary to secure the property. Provide at least one week notice to the property owner prior to removing or moving the fence. Restore permanent fencing to an equal or better condition. Provide all-weather surface for temporary ingress and egress to adjacent property, as directed. Materials, labor, equipment and incidentals necessary to provide temporary ingress and egress will not be paid for directly, but will be subsidiary to the various bid items. In those instances 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 shall conform with the regulations of The City of Ft. 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. 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. PROTECTION NOTES FOR THE REMOVAL OF EXISTING PAVEMENT, CURB OR SIDEWALK AND CONSTRUCTION OF NEW PAVEMENT, CURB OR SIDEWALK ADJACENT TO HISTORIC BUILDINGS, CANOPIES, MATERIALS, FENCES, AND RETAINING WALLS Where proposed work is in proximity to historic buildings or other structures (walls, canopies, retaining walls, fences), and planting beds, and vegetation/groundcover, follow the procedures listed below for demolition, protection, and construction at these addresses in the designated Central Handley Historic District in the city of Fort Worth: East Lancaster Avenue: #s 6505, 6507, 6511, 6513-6515, 6517-6517A, and 6523 1. To minimize potential damage to historic structures and materials, contractor to saw cut existing sidewalk 8 to 12 inches away from the historic structure, canopy supports, fence, or retaining wall. General Notes Sheet C Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-D Control: 0902-48-558 2. Contractor to construct new sidewalk next to the saw cut edge with installation of expansion joint in between. If existing sidewalk is to be removed entirely, the remaining 8 to 12 inches next to the historic structure, canopy supports, material, fence, or retaining wall will be removed by hand. Expansion joint to be placed between historic structure, canopy support, material, fence, or retaining wall and new sidewalk. 3. Contractor is responsible for preventing damage to historic structure, canopy and its supports, materials, fences, retaining walls, including garden elements (planting beds, plantings) during the entire construction project, especially during removal of existing pavement, curb, or sidewalk. During the saw cut and hand removal process, contractor will exercise utmost caution and will physically protect historic structure foundation, canopy supports, materials, elevations, entryways with decorative flooring, fences, retaining walls, and landscape elements. 4. Contractor to repair or replace in kind, at his own expense, any historic materials damaged in the course of executing the work. Contractor is responsible for locating replacement source for historic materials damaged in the course of the work. TxDOT- Environmental Affairs Division to be informed of proposed repairs to facilitate consultation with Texas Historical Commission prior to execution of repair work. Item 2. Instructions to Bidders Proposals with a bid of more than 55 working days for the Completion of the project will be considered non -responsive. 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 shall be prepared and submitted on sheets 8 1/2 by 11 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 shall be prepared and submitted on sheets 22 by 34 inches, with a one and one-half inch left margin, and a one-half inch top, right, and bottom margin. All sheets submitted shall have a title in the lower right hand corner. The title shall include the sheet index data shown on the lower right comer 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. Item 7. Legal Relations and Responsibilities Do not initiate activities in a project specific location (PSL) associated with a U.S. Army Corps of Engineers (USACE) permit area that have not been previously evaluated by the USACE as part of the permit review of this project. Such activities include, but are not limited to, haul roads, equipment staging areas, borrow and disposal sites. "Associated" as defined here means General Notes Sheet D Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-E Control: 0902-48-558 materials are delivered to or from the PSL. The permit area includes all waters of the U.S. or associated wetlands affected by activities associated with this project. Special restrictions may be required for such work. The contractor shall be responsible for any and all consultations with the USACE regarding activities, including project specific locations (PSLs) that have not been previously evaluated by the USACE. Provide the Department with a copy of all consultation(s) or approval(s) from the USACE prior to initiating activities. The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self deteiuiination has been made that the PSL is non jurisdictional or proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the peiniit review of this project. The contractor is solely responsible for documenting any detennination(s) that their activities do not affect a USACE peiinit area. Maintain copies of their determination(s) for review by the Department or any regulatory agency. Document and coordinate with the USACE, if required, prior to any excavation hauled from or embankment hauled into a USACE permit area by either (1) or (2) below. (1) Restricted Use of Materials for Previously Evaluated Permit Areas. Document both the project specific location (PSL) and its authorization. Maintain copies for review by the Depaitiiient or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the peiinit process for this project: a. Suitable excavation of required material in the areas shown on the plans and cross sections as specified in Item 110 is used for permanent or temporary fill (Item 132, Embankment) within a USACE peluiit area; b. Suitable embankment (Item 132) from within the USACE permit area is used as fill within a USACE evaluated area; and, c. Unsuitable excavation or excess excavation ["Waste"] (Item 110) that is disposed of at a location approved by the Engineer within a USACE evaluated area. (2) Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of all USACE coordination or approval(s) prior to initiating any activities for an area within the project limits that has not been evaluated by the USACE or for any off right of way locations used for the following, but not limited to, haul roads, equipment staging areas, borrow and disposal sites: a. Item 132, Embankment, used for temporary or peiiiianent fill within a USACE peiiiiit area; and, b. Unsuitable excavation or excess excavation ["Waste"] (Item 110, Excavation) that is disposed of outside a USACE evaluated area. The total area disturbed for this project is 0.23 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 stoiiii 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 General Notes Sheet E Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-F Control: 0902-48-558 for Contractor PSLs for construction support activities on or off the ROW. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres, provide a copy of the Contractor NOI for PSLs on the ROW to the Engineer and to the local government that operates a separate stoiiu sewer system. Item 8. Prosecution and Progress Working days will be computed and charged in accordance with Article 8.3.A.1 Five -Day Workweek. Item 100. Preparing Right of Way This pay item shall consist of the preparation of the existing right-of-way for construction as required by the plans and specifications. It will include the area between the right-of-way limits, additional areas beyond the right-of-way such as temporary construction, slope, and drainage easements, and any other easements shown on the plans. Work shall include, but not be limited to: all obstructions above ground or below such as trees, shrubs, stumps, brush, roots, vegetation, logs, trash concrete, concrete driveways, culverts, curb and gutter, asphalt pavement, fences, structures, foundations, lumber, scrap metal, abandoned appliances, sprinkler systems, abandoned utility pipes or conduits and any other items not included as pay items elsewhere in the contract documents, or identified in Item 100, but necessary for the preparation of the rights - of -way and/or permanent or temporary easements for construction. The maintenance/relocation of street signs, mail boxes shall be considered as part of this item. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be permitted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. All material and debris removed as described above shall become the property of the Contractor and shall be disposed of at contractor's expense in a manner satisfactory to the Engineer and other items identified in Item 100. All items relocated or replaced shall be in a condition equal to or better than the original condition. The Contractor shall videotape and/or photograph the existing right-of-way prior to construction. Measurement for this item shall be along the centerline of the project with the limits of measurements as shown in the plans. Item 105. Removing Stabilized Base and Asphalt Pavement Cement, lime, and/or lime fly -ash stabilized base material to be removed on this project shall become the property of the Contractor. Item 132 Embankment The embankment / backfill required for the electrical conduit, sidewalk, and storm drain pipe shall be measured and paid for under this specification item. Item 161. Compost Compost shall be placed in planting beds and rain gardens. General Notes Sheet F Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Item 170. Irrigation Sheet 6-G Control: 0902-48-558 The irrigation contractor shall contact appropriate agencies for tap and installation of water meters into water supply at designated locations and pay for directly to noted agencies, unless noted otherwise. Irrigation contractor shall install all double check valve assemblies as indicated in the plans. Item 192. Landscape Planting Plants shall be maintained under a maintenance agreement with the City of Fort Worth. The maintenance agreement is included in project manual 32 01 30 Operation & Maintenance of Site Improvements Item 247. Flexible Base (TY A, GR 4) Furnish crushed stone, gravel, or crushed gravel aggregate confoiiuing to the following requirements: Gradation: Retained on Sieve Size 1-3/4 in. 7/8 in. No. 4 No. 40 Plasticity Index (PI) Liquid Limit Wet Ball Mill Wet Ball Mill, % Increase Passing the No. 40 Percent (%) by Weight 0-5 5 — 35 40-75 65-85 12 max., 4 min. 45 max. 50 max. 20 max. Place material in two or more equal lifts unless otherwise directed. Do not add field sand to modify the final material to meet the requirements. Item 340. Dense Graded Hot Mix Asphalt (Method)RAP aggregate must meet the requirements of Table 1. Perfoiiu durability and soundness tests on RAP. General Notes Sheet G Project Number: TCSP TC03 (001) Sheet 6-H County: Tarrant Control: 0902-48-558 Highway: CS Dilution of tack coat is not allowed. Use design method Tex-204-F, Parts I or IV to design a mixture meeting the requirements listed in Tables 1 through 6. (Optional) Provide aggregate with a surface aggregate classification value of B for the surface course of the travel lanes. Provide PG70-22 asphalt for surface course when using fractionated RAP. Provide a PG70-22 asphalt for the surface course. Furnish a CSS-1P with greater than 50% asphalt residue for the tack coat on this project. From Table 5: The tensile strength is waived for this project. Use the boil test, Test Method TEX-530-C, and provide only mixes that produce zero percent (0%) stripping for design verification and during production. The requirements shown in Table 6 are waived for this project. Include the approved mix design number on each delivery ticket. Place mixture when the roadway surface temperature is equal to or higher than the temperatures listed in Table 10 unless otherwise approved or shown on the plans. Measure the roadway surface temperature with a handheld infrared thermometer. The Engineer may allow mixture placement to begin prior to the roadway surface reaching the required temperature requirements if conditions are such that the roadway surface will reach the required temperature within 2 hrs. of beginning placement operations. Unless otherwise shown on the plans, place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable in the opinion of the Engineer. Table 10 Minimum Pavement Surface Temperatures High Temperature Binder Grade PG 64 PG70 PG 76 PG 76 Layers or Night Paving Operations 45 551 601 651 Minimum Pavement Surface Temperatures in Degrees Fahrenheit Subsurface Surface Layers Placed in Daylight Operations 50 601 601 701 General Notes Sheet H Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-I Control: 0902-48-558 Asphalt Rubber (A-R) I 651 I 701 1 Note 1: Contractors may pave at temperatures 10°F lower than the values shown in Table 10 when utilizing a paving process or equipment that eliminates theiuial segregation. In which cases, the contractor must use either an infrared bar attached to the paver, or a hand held theilual camera, or a hand held infrared thermometer operated in accordance with Test Method 244-F to demonstrate to the satisfaction of the engineer that the uncompacted mat has no more than 10°F of thermal segregation. Item 416. Drilled Shaft Foundations. Install anchor bolts so that high mast reference line is parallel to freeway roadway centerline or as shown on the layout sheets.. The use of aluminum to fabricate poles will require the submission of shop drawings electronically. For instructions on submitting shop drawings electronically go to TxDOT home page, Business with TxDOT, Bridge information, Shop drawings. File is titled: Guide to Electronic Shop Drawing Submittal. Item 420. Concrete structures The concrete measured and paid for under this item shall be used to repair the pavement as shown on the pavement repair detail in the plans. Item 502. Barricades, Signs, and Traffic Handling Permanent signs may be installed when construction in an area is complete and they will not be in conflict with the traffic control plan for the remainder of the job. Existing signs are to remain as long as they do not interfere with construction and they do not conflict with the traffic control plan. Any sign not detailed in the plans but called for in the layout shall be as shown in the current "Standard Highway Sign Designs for Texas". When traffic is obstructed, arrange warning devices in accordance with arrangements indicated in 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. General Notes Sheet I Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Item 528. Colored Textured Concrete Color should match existing bricks. Sheet 6-J Control: 0902-48-558 Ensure that all signal pole foundations, sign bases, electrical ground boxes, manholes, inlets and other appurtenances within the area to be paved are constructed to the proper finished grade. Upon completion of construction, sweep and clean the paver surface of all excess sand, soil, foreign material, and/or stains. Items 530 And 531. Intersections, Driveways and Turnouts, and Sidewalks The furnishing and installation of the sand cushion in the proposed sidewalks, sidewalk ramps and driveways will not be paid for directly but shall be considered subsidiary to this bid item. Item 556 Pipe Underdrains The pipe underdrains shall be installed in the water gardens as shown in the plans and connected to the existing concrete stoini drain pipe. The connection shall be cleanly drilled into the concrete pipe to provide a tight fit around the underdrain pipe. The connection shall be patched with concrete to ensure a watertight seal. Item 616. Performance Testing of Lighting Systems. The Contractor shall provide thirty days' written notice to the engineer of his intent to start the test period for each service point and its related circuits. Item 618. Conduit Bed all PVC conduit placed by open cut in field sand as approved. Conduit bends at roadway illumination assembly foundations will not be paid for directly, but will be considered subsidiary to Item 416. Use materials from prequalified material producers list as shown on the Texas Department of Transportation (TxDOT) - Construction Division's (CST) materials producers list. Category is "Roadway Illumination and Electrical Supplies." Where PVC, duct cable, and HDPE conduit 1" and larger is allowed and installed as per TxDOT standards, provide a PVC elbow in place of the galvanized rigid metal elbow required by the Electrical Detail standards. Ensure the PVC elbow is of the same schedule rating as the conduit to which it is connected. Ensure only a flat, high tensile strength polyester fiber pull tape is used for pulling conductors through the PVC conduit system. General Notes Sheet J Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-K Control: 0902-48-558 Item 620. Electrical Conductors. For both transfoiiner and shoe -base type illumination poles, provide double -pole breakaway fuse holder as shown on the Texas Department of Transportation (TxDOT) materials producers list. Category is "Roadway Illumination and Electrical Supplies". Fuse holder is shown on list under Items 610 & 620. Provide 10 amp time delay fuses. Items 618, 624 & 628. Conduit, Ground Boxes & Electrical Services. Conduit and conductor from the electrical service point to the utility company pole will be measured and paid for as the size and type of conduit and conductors indicated on the plans. Item 624. Ground Boxes. Upon completion of wiring work within the ground boxes that are not set in roadway pavement, the contractor shall place a 6 inch diameter washer or metallic object (with a minimum surface area of 0.15 square feet) inside each proposed ground box. Payment for this work will not be paid for directly but will be considered subsidiary to Bid Item 624. This is to assist others in locating the ground boxes more readily in the future. Attach an identification tag with the circuit identification stamped on the tag to the conductors for each circuit at all junction boxes and ground boxes. Identify the circuit breakers for each circuit at the service box using identification tags for each breaker. Label each circuit as shown on the illumination layouts in the plans. Tags to be plastic. Item 628. Electric Services Attach an identification tag with the circuit identification stamped on the tag to the conductors for each circuit at all junction boxes and ground boxes. Identify the circuit breakers for each circuit at the service box using identification tags for each breaker. Label each circuit as shown on the illumination layouts in the plans. Tags to be plastic. The Engineer will make all arrangements for electrical service. Notify the Engineer, in writing, a minimum of 30 days in advance of the need for electrical service. Contact Oncor Electric to request electrical service Phone: 1-888-835-5251; identify the desired service location by street address. All roadway illumination electrical services are 120/240 volt, 3 wire systems with the roadway luminaires operating at 240 volts. All roadway illumination branch circuit breakers are to be two pole." The concrete riprap pad at electrical service points will not be paid for directly, but will be subsidiary to Item 628. General Notes Sheet K Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-L Control: 0902-48-558 Place a decal stating "DANGER/HIGH VOLTAGE" on the door of the service assembly enclosure. The size of the decal and lettering shall be as outlined in the current TxDOT electrical detail (ED) standard sheets. Remove and transport all electrical transformers to the TxDOT district warehouse at 2501 S.W. Loop 820 (IH 20 at McCart St.) in Fort Worth, Texas. Contact Mr. J.D. Gore (Phone [817] 370- 6942) before transporting the electrical transformers. General Notes Sheet L TxDOT Specifications List CSJ: 0902 48 558 Page 1 of 3 Texas Department of Transportation Governing Specifications and Special Provisions All Specifications and Special Provisions Applicable to this project are identified as follows: Standard Specifications: Adopted by the Texas Department of Transportation, June 1, 2004. Standard Specifications are incorporated into the contract by reference: required contract provisions for all federal - aid construction contracts (Form FHWA 1273 May 1, 2012). Standard Specifications: Item 1 Thru 9 Item 100 Item 104 Item 105 Item 110 Item 112 Item 132 Item 160 Item 161 Item 162 Item 170 Item 192 Item 247 Item 340 Item 360 Item 416 Item 420 Item 464 Item 465 Item 500 Item 502 Item 528 Item 529 Item 531 Item 556 Item 610 Item 616 Item 618 Item 620 Item 624 Item 628 Item 644 Incl., General Requirements and Covenants Preparing Right of Way (103) Removing Concrete Removing Stabilized Base and Asphalt Pavement Excavation (132) Subgrade Widening (132) (204) Embankment (100) (204) (210) (216) (400) Topsoil Compost Block Sodding Irrigation System Plant Material Flexible Base Dense -Graded Hot -Mix Asphalt (Method) (210) (300) (301) (320) (520) (585) Concrete Pavement (300) (420) (421) (438) (440) (529) (585) Drill Shaft Foundations (420) (421) (440) (448) Concrete Structures Reinforced Concrete Pipe Manholes and Inlets Mobilization Barricades, Signs, and Traffic Handling Colored Textured Concrete and Landscape Pavers (132) (247) (420) (421) (440) Concrete Curb and Gutter (360) (420) (421) (440) Sidewalks (104) (360) (420) (421) (440) (530) Pipe Underdrains (432) Roadway Illumination Assemblies (421) (441) (442) (445) (446) (449) (616) (620) Performance Testing of Lighting Systems (618) (620) (622) Conduit (400) (445) (476) (622) Electrical Conductors Ground Boxes (421) (440) Electrical Services (441) (445) (449) (618) (620) (627) (656) Small Roadside Sign Supports and Assemblies (421) (440) (441) (442) (445) (634) (636) (643) (656) 1 Item 666 Item 672 Item 690 TxDOT Specifications List CSJ: 0902 48 558 Page 2 of 3 Reflectorized Pavement Markings (316) (318) (662) (677) (678) Raised Pavement Markers (677) (678) Maintenance of Traffic Signals (416) (421) (476) (610) (618) (620) (622) (624) (625) (627) (628) (634) (636) (656) (680) (682) (684) (685) (686) (687) (688) Special Provisions: 000---003 Notice to All Bidders 000---004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 000---006 Standard federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 000---009 Certification of Nondiscrimination in Employment 000---011 Department Division Mailing and Physical Addresses 000---1483 Notice of Changes to U.S. Department of Labor Required Payroll Information 000---1676 On -the -Job Training Program 000---1966 Disadvantaged Business Enterprise in Federal Aid Contracts 000---2329 Partnering 000---2332 Schedule of Liquidated Damages 001---015 Definition of Terms 002---017 Instructions to Bidders 003---033 Award and Execution of Contract 004---017 Scope of Work 005---004 Control of the Work 006---030 Control of Materials 007---918 Legal Relations and Responsibilities 008---119 Prosecution and Progress 009---009 Measurement and Payment 009---015 Measurement and Payment 100---002 Preparing Right of Way 161---006 Compost 247---033 Flexible Base 300---039 Asphalt, Oils, and Emulsions 340---003 Dense -Graded Hot -Mix Asphalt (Method) 360---003 Concrete Pavement 416---001 Drilled Shaft Foundations 420---002 Concrete Structures 421---035 Hydraulic Cement Concrete 440---006 Reinforcing Steel 441---007 Steel Structures 442---016 Metal for Structures 448---002 Structural Field Welding 464---006 Reinforced Concrete Pipe 465---001 Manholes and Inlets 2 TxDOT Specifications List CSJ: 0902 48 558 Page 3 of 3 476---003 Jacking, Boring, or Tunneling Pipe or Box 500---005 Mobilization 502---033 Barricades, Signs, and Traffic Handling 610---015 Roadway Illumination Assemblies 620---001 Electrical Conductors 624---014 Ground Boxes 628---003 Electrical Services 636---014 Aluminum Signs 672---034 Raised Pavement Markers 1122-001 Temporary Erosion, Sedimentation, and Environmental Controls Special Specifications: 1014 Landscape Amenity 1122 Temporary Erosion, Sedimentation, and Environmental Controls USDOT Special Provisions Required Contract Provisions Federal -Aid Construction Contracts (FHWA-1273)-May 1, 2012 3 2004 Specifications SPECIAL PROVISION 000---003 Notice to All Bidders To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 1-1 000---003 05-04 2004 Specifications SPECIAL PROVISION 000---004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) . General. In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications" as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2. Goals. a. Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4. b. The goals for minority and female participation expressed in percentage ten us for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation in participation in each trade (per- each trade (per- cent) cent) See Table 1 6.9 c. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 1-5 000---004 05-04 d. A contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway -Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees. The overall good performance of other contractors and subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. Subcontracting. The Contractor shall provide written notification to the Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation pending concurrence of the Department in the award. The notification shall list the names, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. Covered Area. As used in this special provision, and in the contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of Texas. The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5. Reports. The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246 as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. 2-5 000---004 05-04 Table 1 Goals for Minority Goals for Minority County Participation County Participation Anderson 22.5 Concho 20.0 Andrews 18.9 Cooke 17.2 Angelina 22.5 Coryell 16.4 Aransas 44.2 Cottle 11.0 Archer 11.0 Crane 18.9 Armstrong 11.0 Crockett 20.0 Atascosa 49.4 Crosby 19.5 Austin 27.4 Culberson 49.0 Bailey 19.5 Dallam 11.0 Bandera 49.4 Dallas 18.2 Bastrop 24.2 Dawson 19.5 Baylor 11.0 Deaf Smith 11.0 Bee 44.2 Delta 17.2 Bell 16.4 Denton 18.2 Bexar 47.8 DeWitt 27.4 Blanco 24.2 Dickens 19.5 Borden 19.5 Dimmit 49.4 Bosque 18.6 Donley 11.0 Bowie 19.7 Duval 44.2 Brazoria 27.3 Eastland 10.9 Brazos 23.7 Ector 15.1 Brewster 49.0 Edwards 49.4 Briscoe 11.0 Ellis 18.2 Brooks 44.2 El Paso 57.8 Brown 10.9 Erath 17.2 Burleson 27.4 Falls 18.6 Burnet 24.2 Fannin 17.2 Caldwell 24.2 Fayette 27.4 Calhoun 27.4 Fisher 10.9 Callahan 11.6 Floyd 19.5 Cameron 71.0 Foard 11.0 Camp 20.2 Fort Bend 27.3 Carson 11.0 Franklin 17.2 Cass 20.2 Freestone 18.6 Castro 11.0 Frio 49.4 Chambers 27.4 Gaines 19.5 Cherokee 22.5 Galveston 28.9 Childress 11.0 Garza 19.5 Clay 12.4 Gillespie 49.4 Cochran 19.5 Glasscock 18.9 Coke 20.0 Goliad 27.4 Coleman 10.9 Gonzales 49.4 Collin 18.2 Gray 11.0 Collingsworth 11.0 Grayson 9.4 Colorado 27.4 Gregg 22.8 Comal 47.8 Grimes 27.4 Comanche 10.9 Guadalupe 47.8 3-5 000---004 05-04 Goals for Minority Goals for Minority County Participation County Participation Hale 19.5 Lavaca 27.4 Hall 11.0 Lee 24.2 Hamilton 18.6 Leon 27.4 Hansford 11.0 Liberty 27.3 Hardeman 11.0 Limestone 18.6 Hardin 22.6 Lipscomb 11.0 Harris 27.3 Live Oak 44.2 Harrison 22.8 Llano 24.2 Hartley 11.0 Loving 18.9 Haskell 10.9 Lubbock 19.6 Hays 24.1 Lynn 19.5 Hemphill 11.0 Madison 27.4 Henderson 22.5 Marion 22.5 Hidalgo 72.8 Martin 18.9 Hill 18.6 Mason 20.0 Hockley 19.5 Matagorda 27.4 Hood 18.2 Maverick 49.4 Hopkins 17.2 McCulloch 20.0 Houston 22.5 McLennan 20.7 Howard 18.9 McMullen 49.4 Hudspeth 49.0 Medina 49.4 Hunt 17.2 Menard 20.0 Hutchinson 11.0 Midland 19.1 Trion 20.0 Milam 18.6 Jack 17.2 Mills 18.6 Jackson 27.4 Mitchell 10.9 Jasper 22.6 Montague 17.2 Jeff Davis 49.0 Montgomery 27.3 Jefferson 22.6 Moore 11.0 Jim Hogg 49.4 Morris 20.2 Jim Wells 44.2 Motley 19.5 Johnson 18.2 Nacogdoches 22.5 Jones 11.6 Navarro 17.2 Karnes 49.4 Newton 22.6 Kaufman 18.2 Nolan 10.9 Kendall 49.4 Nueces 41.7 Kenedy 44.2 Ochiltree 11.0 Kent 10.9 Oldham 11.0 Kerr 49.4 Orange 22.6 Kimble 20.0 Palo Pinto 17.2 King 19.5 Panola 22.5 Kinney 49.4 Parker 18.2 Kleberg 44.2 Parmer 11.0 Knox 10.9 Pecos 18.9 Lamar 20.2 Polk 27.4 Lamb 19.5 Potter 9.3 Lampasas 18.6 Presidio 49.0 LaSalle 49.4 Rains 17.2 4-5 000---004 05-04 Goals for Minority County Participation County Randall 9.3 Webb Reagan 20.0 Wharton Real 49.4 Wheeler Red River 20.2 Wichita Reeves 18.9 Wilbarger Refugio 44.2 Willacy Roberts 11.0 Williamson Robertson 27.4 Wilson Rockwall 18.2 Winkler Runnels 20.0 Wise Rusk 22.5 Wood Sabine 22.6 Yoakum San Augustine 22.5 Young San Jacinto 27.4 Zapata San Patricio 41.7 Zavala San Saba 20.0 Schleicher 20.0 Scurry 10.9 Shackelford 10.9 Shelby 22.5 Sherman 11.0 Smith 23.5 Somervell 17.2 Starr 72.9 Stephens 10.9 Sterling 20.0 Stonewall 10.9 Sutton 20.0 Swisher 11.0 Tarrant 18.2 Taylor 11.6 Terrell 20.0 Terry 19.5 Throckmorton 10.9 Titus 20.2 Tom Green 19.2 Travis 24.1 Trinity 27.4 Tyler 22.6 Upshur 22.5 Upton 18.9 Uvalde 49.4 Val Verde 49.4 Van Zandt 17.2 Victoria 27.4 Walker 27.4 Waller 27.3 Ward 18.9 Washington 27.4 5-5 Goals for Minority Participation 87.3 27.4 11.0 12.4 11.0 72.9 24.1 49.4 18.9 18.2 22.5 19.5 11.0 49.4 49.4 000---004 05-04 2004 Specifications SPECIAL PROVISION 000---006 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its 1-6 000---006 05-04 obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affiuimative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 2-6 000---006 05-04 g• c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other infoiniation that the union referral Process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and Collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 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 prior to the date for the acceptance of 3-6 000---006 05-04 applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both 4-6 000---006 05-04 minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. Nondiscrimination programs require that Federal -aid recipients, subrecipients, and contractors prevent discrimination and ensure nondiscrimination in all of their programs and activities, whether those programs and activities are federally funded or not. The factors prohibited from serving as a basis for action or inaction which discriminates include race, color, national origin, sex, age, and handicap/disability. The efforts to prevent discrimination must address, but not be limited to a program's impacts, access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigations of complaints, allocations of funds, prioritization of projects, and the functions of right-of-way, research, planning, and design. 11. The Contractor shall not enter into any Subcontract with any person or fill i1 debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable Bonn; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5-6 000---006 05-04 16. In addition to the reporting requirements set forth elsewhere in this contract, the Contractor and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is per -formed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 6-6 000---006 05-04 2004 Specifications SPECIAL PROVISION 000---009 Certification of Nondiscrimination in Employment By signing this proposal, the bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and has not filed, he will file with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of 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 Fouii 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. 1-1 000---009 04-04 2004 Specifications SPECIAL PROVISION 000---011 Department Division Mailing and Physical Addresses For this project, Item 000, "Department Division Mailing and Physical Addresses," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Use the information in Table 1 to contact the Department Divisions referenced in the Standard Specifications or Special Provisions and Special Specifications in the Contract. This listing is for the purposes of providing addresses for transmission of information in accordance with the specifications. Unless otherwise stated in the specifications, address all correspondence and transmission of information to the Engineer responsible for the oversight of construction. Submit bidding documents to the location shown in the official advertisement. Address changes will be posted on the Department's Internet site at http://www.dot.state.tx.us/. Table 1 Department Division Mailing and Physical Addresses Division/Section Name Bridge Division Construction Division Construction Section Materials & Pavements Section U.S. Post Office Address Texas Department of Transportation Bridge Division 125E 11th Street Austin TX 78701-2483 Texas Depat lment of Transportation Construction Division Construction Section 200 E. Riverside Drive Austin TX 78704 Texas Dept lucent of Transportation Construction Division Materials & Pavements (CP51) 125E 11th Street Austin TX 78701-2483 1-2 Physical Address Bridge Division Fabrication Branch 118 E. Riverside Dr. Austin, Texas 78704 (512) 416-2187 Construction Division 200 E. Riverside Dr. 1s` floor, 1B.1 Austin, TX 78704 (512) 416-2490 1-800-687-3525 Construction Division Materials & Pavements Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5800 000---011 09-04 Division/Section Name U.S. Post Office Address Physical Address Maintenance Division Maintenance Section Vegetation Management Section Traffic Operations Division Traffic Operations Division Traffic Engineering Traffic Management -ITS Branch Traffic Management- Signal/Radio Branch Texas Department of Transportation Maintenance Division Maintenance Section 125E 11th Street Austin, TX 78701 Texas Department of Transportation Maintenance Division Vegetation Management Section 125E 11th Street Austin, TX 78701 Texas Depai lment of Transportation Traffic Operations Division 125 E 11th Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffic Engineering Section 125E 11th Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffic Management Section 125E 11th Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffic Management Section- Signal/Radio Branch 125E 11th Street Austin TX 78701 2-2 Maintenance Division Maintenance Section 150 East Riverside Drive Fourth Floor, North Tower Austin, TX 78704 (512) 416-3185 Maintenance Division Vegetation Management Section 150 East Riverside Drive Fourth Floor, North Tower Austin, TX 78704 (512) 416-3093 Texas Department of Transportation Traffic Operations Division 200 E. Riverside Bldg. 118 Austin, Texas 78704 512-416-3200 Texas Depai fluent of Transportation Traffic Operations Division Traffic Engineering Section 200 E. Riverside Bldg. 118 Austin, Texas 78704 (512) 416-3118 Texas Department of Transportation Traffic Operations Division Traffic Management Section Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100 Texas Department of Transportation Traffic Operations Division Traffic Management Section- Signal/Radio Branch Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100 000---011 09-04 2004 Specifications Federal -Aid Projects Only SPECIAL PROVISION 000--1483 Notice of Changes to U.S. Department of Labor Required Payroll Information Do not include employee addresses and social security numbers on the payroll submissions to the department. In lieu of the social security number, include an individually identifying number for each employee (Example: last four digits of the individual's social security number). Maintain the full social security number and current address of each covered employee in files for 3 years after project completion and make the information available upon the Department's request. Form FHWA 1273 and optional fowl. WH-347 will be revised in the future to reflect these changes. 1-1 000--1483 01-09 2004 Specifications SPECIAL PROVISION 000--1676 On -the -Job Training Program 1. Description. The primary objective of this Special Provision is the training and advancement of minorities, women and economically disadvantaged persons toward journeyworker status. Accordingly, make every effort to enroll minority, women and economically disadvantaged persons to the extent that such persons are available within a reasonable area of recruitment. This training commitment is not intended, and shall not be used to discriminate against any applicant for training, whether or not he/she is a member of a minority group. 2. Trainee Assignment. Training assignments are determined based on the past contract volume of federal -aid work perfoiiiied with the Department. Contractors meeting the selection criteria will be notified of their training assignment at the beginning of the reporting year by the Department's Office of Civil Rights. 3. Program Requirements. Fulfill all of the requirements of the On -the -Job Training Program including the maintenance of records and submittal of periodic reports documenting program performance. Trainees shall be paid at least 60% of the appropriate minimum journeyworker's rate specified in the contract for the first half of the training period, 75% for the third quarter and 90% for the last quarter, respectively. Contractors may be reimbursed $0.80 per training hour at no additional cost to the Depaituient. 4. Compliance. The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and appropriate measures pursuant to Article 8.6., "Abandonment of Work or Default of Contract," which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230. 1-1 000--1676 07-09 2004 Specifications SPECIAL PROVISION 000--1966 Disadvantaged Business Enterprise in Federal Aid Contracts 1. Description. The purpose of this Special Provision is to carry out the U. S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT assisted contracts. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this contract. If there is no DBE goal, Article B, "Race -Neutral DBE Participation", of this Special Provision shall apply to this contract. The percentage goal for DBE participation in the work to be performed under this contract will be shown on the proposal. A. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts. 1. Policy. It is the policy of the DOT and the Texas Department of Transportation (henceforth the "Department") that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department's DBE Program, apply to this contract as follows: a. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this contract. b. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The requirements of this Special Provision shall be physically included in any subcontract. d. By signing the contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. The Department will determine the adequacy of a Contractor's efforts to meet the contract goal, within 10 business days, 000--1966 06-10 J. excluding national holidays, from receipt of the information outlined in this Special Provision under Section 1.A.3, "Contractor's Responsibilities." If the requirements of Section 1.A.3 are met, the conditional situation will be removed and the contract will be forwarded to the Contractor for execution. 2. Definitions. a. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. b. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard specifications, Article 1, Definition of Terms. c. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. d. "DOT" means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). e. "Federal Aid Contract" is any contract between the Texas Department of Transportation and a Contractor which is paid for in whole or in part with DOT financial assistance. f. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. g. "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." h. "Race -conscious" means a measure or program that is focused specifically on assisting only DBEs, including women -owned businesses. i. "Race -neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. "Regular Dealer" is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the fiini must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. 2-11 000--1966 06-10 A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-teini lease agreement and not on an ad hoc or contract -by -contract basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. k. "Texas Unified Certification Program" or "TUCP" provides one -stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions. 3. Contractor's Responsibilities. These requirements must be satisfied by the Contractor. a. After conditional award of the contract, the Contractor shall submit a completed Form SMS.4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached, so as to arrive in the Department's Office of Civil Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 10th business day, excluding national holidays, after the conditional award of the contract. When requested, additional time, not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor. b. DBE prime Contractors may receive credit toward the DBE goal for work perfouued by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported on Font'. SMS.4902. c. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. The following is a list of the types of action that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. • Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. 3-11 000--1966 06-10 • Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces. • Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. • Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. • A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. • Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non- union employee status) are not legitimate cause for the rejection or non - solicitation of bids and the Contractors efforts to meet the project goal. • Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. • Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. • Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. 4-11 000--1966 06-10 • If the Program Manager of the OCR determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Director of the OCR. d. Should the bidder to whom the contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the state, not as a penalty, but as liquidated damages to the Department. e. The preceding information shall be submitted directly to the Office of Civil Rights, Texas Department of Transportation, 125 E. 1 lth Street, Austin, Texas 78701-2483. f. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Prior to terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Department. g. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. The Contractor shall submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE fiiiir(s). Any substitution of DBEs shall be subject to approval by the Department. Prior to approving the substitution, the Department will request a statement from the DBE concerning it being replaced. h. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. i. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 4. Eligibility of DBEs. a. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted contracts. b. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE's on DOT financially assisted contracts. This Directory is available from the Department's OCR. An update of the Directory can be found on the Internet at httn://www.dot.state.tx.us/business/tucn/default.htm. 5-11 000--1966 06-10 c. Only DBE films certified at the time commitments are submitted are eligible to be used in the infoituation furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perfoiui work in the categories of work for which they are certified. d. Only DBE films certified at the time of execution of a contract/subcontract/purchase order, are eligible for DBE goal participation. 5. Determination of DBE Participation. When a DBE participates in a contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime contractor toward DBE goals: a. The total amount paid to the DBE for work perfoitlied with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE film does not count toward DBE goals. b. A Contractor may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. (1) A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract or purchase order. A DBE is considered to perform a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the contract by the DBE, nor may they determine quality and quantity, order the materials themselves, nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier. In all cases, prime or other non -DBE subcontractor assistance will not be credited toward the DBE goal. 6-11 000--1966 06-10 (5) (3) (2) A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Consistent with industry practices and the DOT/Department's DBE program, a DBE subcontractor may enter into second -tier subcontracts, amounting up to 70% of their contract. Work subcontracted to a non - DBE does not count towards DBE goals. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not perfoiiuing a CUF A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the contract. (a) The Contractor receives credit for the total value of the transportation services the DBE provides on a contract using trucks it owns, insures, and operates using drivers it employs. (b) The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. (c) The DBE may also lease trucks from a non -DBE firm, including from an owner -operator. The DBE who leases trucks from a non - DBE is entitled to credit for the total value of transportation services provided by non -DBE lessees not to exceed the value of transportation services provided by the DBE -owned trucks on the contract. Additional participation by non -DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement (d) A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE. (4) When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption. Project materials or supplies acquired from an affiliate of the prime contractor can not directly or indirectly (2nd or lower tier subcontractor) be used for DBE goal credit. 7-11 000--1966 06-10 c. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: (1) If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at 1A.c.(1) of this provision.) For purposes of this Section (1.A.c.(1)), a manufacturer is a fin 'that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. (2) If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. (3) For purposes of this Section (1.A.5.c.(2)), a regular dealer is a fiuiii that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business: (A) To be a regular dealer, the fiiiu must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. (C) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A.5.c.(2). With respect to materials or supplies purchased from DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. 8-11 000--1966 06-10 Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. (4) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT -assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. d. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE. The material supplier must invoice the DBE who will present the invoice to the Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier. The DBE firm may accept or reject this joint checking arrangement. The Contractor must obtain approval from the Department prior to implementing the use of joint check arrangements with the DBE. Submit to the Department, Joint Check Approval Form 2178 for requesting approval. Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier. e. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the contractor or its affiliates. f. No DBE goal credit will be allowed for the period of time determined by the Department that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the department. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be required to provide a substitute DBE to meet the contract goal or provide an adequate good faith effort when applicable. 6. Records and Reports. a. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation. Report payments made to non -DBE HUBs. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, "DBE Progress Report," is to be used for monthly reporting. Form. SMS.4904, "DBE Final Report," is to be used as a final summary of DBE payments submitted upon completion of the project. 9-11 000--1966 06-10 The original final report must be submitted to the OCR and a copy must be submitted to the Area Engineer. These forms may be obtained from the Department or may be reproduced by the Contractor. The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Department's project number. b. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. c. All such records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. d. Prior to receiving final payment, the Contractor shall submit Foiui SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report." e. Provide a certification of prompt payment in accordance with the Department's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. 7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted contract are complied with, the Department will monitor the Contractor's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to receiving fmal payment for the contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the Department. 10-11 000--1966 06-10 The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime contractor or its affiliates is not allowed. When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the contract for any reason, the prime contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was teuiiinated, to the extent needed to meet the contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate. Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE trucker every month DBE credit is used. B. Article B. Race -Neutral Disadvantaged Business Enterprise Participation. It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race -neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontractors financed in whole or in part with Federal funds. Race -Neutral DBE and non -DBE HUB participation on projects with no DBE goal shall be reported on Form SMS.4903, "DBE or HUB Progress Report" and submitted to the Area Engineer each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.A.5, "Determination of DBE Participation." The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 000--1966 06-10 2004 Specifications SPECIAL PROVISION 000--2329 Partnering 1. General. It is the intent of this provision to promote an environment of trust, mutual respect, integrity, and fair -dealing between the Department and the Contractor. 2. Definitions. A. Informal Partnering. Partnering that does not make use of a facilitator. B. Formal Partnering. Partnering where the services of a facilitator (internal or external) are utilized. 3. Procedures for Partnering Meetings and Format. Informal Partnering is required for this project, unless Formal Partnering is mutually agreed to in lieu of the Informal Partnering. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer. (1) Internal Facilitators. A Department or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party. (2) External Facilitators. A private firm or individual that is independent of the Contractor and the Department may be selected as the facilitator. Submit the facilitator's name and estimated fees for approval prior to contracting with the facilitator. Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances including but not limited to audio/visual equipment. Make all meeting arrangements for Formal Partnering. Use Department facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval prior to finalizing arrangements. Coordinate facilitator discussions prior to the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Department will invite and provide a list of attendees that includes but is not limited to Department, City, County, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed. 1-2 000--2329 08-11 4. Payment. Expenses for employee time, contractor equipment, or overhead will not be allowed. Markups will not be allowed. Informal Partnering will be conducted with each party responsible for their own costs. For Formal Partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including but not limited to meals, travel, and lodging. Department facilitators may be used at no additional cost. For Foinial Partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Department but used at the Contractor's option, the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. 2-2 000--2329 08-11 2004 Specifications SPECIAL PROVISION 000--2332 Schedule of Liquidated Damages Dollar Amount of Daily For Dollar Amount of Original Contract Contract Administration Liquidated From More Than To and Including Damages per Working Day 0 100,000 570 100,000 500,000 590 500,000 1,000,000 610 1,000,000 1,500,000 685 1,500,000 3,000,000 785 3,000,000 5,000,000 970 5,000,000 10,000,000 1125 10,000,000 20,000,000 1285 20,000,000 Over 20,000,000 2590 1-1 000--2332 08-11 2004 Specifications SPECIAL PROVISION 001---015 Definition of Terms For this project, Item 001, "Definition of Terms," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. The following Articles are voided and replaced by the following: 1.50. Disadvantaged Business Enterprise (DBE). A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 1.128. Subcontractor. A Subcontractor is defined as an individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, truck owner -operator, wholly owned subsidiary, or specialty - type businesses such as security companies and rental companies. The following Articles are voided and not replaced. 1.97. Proposal. 1.98. Proposal Form. 1.99. Proposal Guaranty. This Item is supplemented by the following: 1.148. Additive Alternate. A bid item contained in a proposal that is not a regular item or a designated alternate bid item. The additive alternate item(s) include work that may be added to the base bid work. 1.149. Base Bid. The total bid (includes regular bid items or corresponding alternate bid items if lower) amount without additive alternates. 1.150. Affiliates. Two or more firms are affiliated if: • they share common officers, directors, or stockholders; 1-2 001---015 06-10 • a family member of an officer, director, or stockholder of one firm serves in a similar capacity in another of the firms; • an individual who has an interest in, or controls a part of, one firm either directly or indirectly also has an interest in, or controls a part of, another of the firms; • the firms are so closely connected or associated that one of the firms, either directly or indirectly, controls or has the power to control another firm; • one firm controls or has the power to control another of the firms; or, • the firms are closely allied through an established course of dealings, including but not limited to the lending of financial assistance. 1.151. Bid. The offer of the bidder for performing the work described in the plans and specifications including any changes made by addenda. 1.152. Bid Guaranty. The security furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded. 1.153. Electronic Bid Form. The bid form contained in the Department's Electronic Bidding System. 1.154. Electronic Bidding System (EBS). The Department's automated system that allows bidders to enter and submit their bid information electronically. 1.155. Electronic Vault. The secure location where electronic bids are stored prior to bid opening. 1.156. Family Member. A family member of an individual is the individual's parent, parent's spouse, step-parent, step -parent's spouse, sibling, sibling's spouse, spouse, child, child's spouse, spouse's child, spouse's child's spouse, grandchild, grandparent, uncle, uncle's spouse, aunt, aunt's spouse, first cousin, or first cousin's spouse. 1.157. Printed Bid Form. The bidding form printed and sent to the bidder by the department or printed by the bidder from the department's Electronic Bidding System. 1.158. Bid Form. The foiiii provided by the Department used by the bidder to submit a bid. The bid form is a Department mailed bidder's form (traditional proposal submitted manually), a Department EBS printed bid form (submitted manually), or the bid form submitted electronically through the Department's EBS. 2-2 001---015 06-10 2004 Specifications SPECIAL PROVISION 002---017 Instructions to Bidders For this project, Item 002, "Instruction to Bidders," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Except for Article 2.1 the remainder of Item 2 is voided and replaced by the following: 2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Foiin and an audited financial statement or a Bidder's Questionnaire Foiin at least 10 days before the date that bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders prequalified with a Bidder's Questionnaire Faun are not eligible to bid on a project that requires the Confidential Questionnaire Form and audited financial statements. Comply with all technical prequalification requirements in the bid form. Obtain prequalification forms from the Construction Division. 2.3. Issuing Bid Forms. The Department will issue a bid form to a prequalified Bidder meeting the requirements of the bid folui on request if the estimated cost of the proposed Contract is within that Bidder's available bidding capacity. Request bid forms orally, in writing, or electronically. In the case of a joint venture, all joint venture participants must be prequalified. An equally divided portion of the Engineer's estimate must be within each participant's available bidding capacity. The Department will not issue a bid foiui for a proposed Contract if one or more of the following apply: • the Bidder is disqualified by an agency of the federal government. • the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding a specific proposal because of bid error or failure to enter into a Contract of the first awarded bid. • the Bidder has not fulfilled the requirements for prequalification. • the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Department to participate in the preparation of the plans or specifications on which the bid or Contract is based. • the Bidder did not attend an advertised mandatory pre -bid conference. 1-8 002---017 02-09 2.4. Interpreting Estimated Quantities. The quantities listed in the bid form are approximate and will be used for the comparison of bids. Payments will be made for the work performed in accordance with the Contract. 2.5. Examining Documents and Work Locations. Examine the bid form, plans, specifications, and specified work locations before submitting a bid for the work contemplated. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and underground utilities shown on the plans were obtained for use of the Department in the preparation of plans. This information is provided for the Bidder's information only and the Department makes no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for contractor -proposed changes in the Items of work, specifications, plans or bid forms given during the bidding process are not binding. Only requirements included in the bid form, associated specifications, plans and Department -issued addenda are binding. Request explanations of documents in adequate time to allow the Department to reply before the bid opening date.. Immediately notify the Department of any error, omission, or ambiguity discovered in any part of the bid form, specifications or plans. The Department will issue an addendum when appropriate. 2.6. Preparing the Bid. Prepare the bid on the form furnished by the Department. Bid foiiiis may be printed or electronic. Informational forms will not be accepted. Specify a unit price in dollars and cents for each Item for which an estimated quantity is given. When "Working Days" is an Item, submit the number of working days to be used to complete the Contract, or phases of the Contract shown on the plans. An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article 2.14, "Tabulating Bids." Include unit bid prices for each Item in the Item group or alternate Item group, except for instances when alternate Items pertain to foreign steel or iron materials. If a bid folni contains both regular bid Items for domestic and alternate bid Items pertaining to foreign steel or iron materials the bidder must either: • submit unit bid prices for domestic bid items only, or • submit unit bid prices for both the alternate foreign bid items and domestic bid items. Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda. A. Printed Bid Forms. Make all entries and execute the bid form in ink. Acknowledge all addenda by checking the appropriate box on the addendum acknowledgement page. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid fount. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. The bid form must be signed by person(s) authorized to bind the Bidder(s). 2-8 002---017 02-09 As an alternative to hand writing the unit prices in the bid form, submit a computer printout signed by the person authorized to bind the Bidder or for a joint venture the persons authorized to bind the Bidders. As a minimum, computer printouts must contain the information in the foiiiiat shown on the "Example of Bid Prices Submitted by Computer Printout" form in the bid form. As an additional alternative, the bidder may prepare the bid using EBS and print out the bid form. Execute the bid form. A person authorized to bind the Bidder must sign the bid faun. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. The bid form must be signed by persons authorized to bind the Bidders. B. Electronic Bid Forms. Use the electronic bid form in EBS. Acknowledge an addendum by initialing each addendum listed under the addenda tab in EBS. Digitally sign the bid form using a digital certificate issued by the department. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants. 2.7. Nonresponsive Bids. A bid that has one or more of the deficiencies listed below is nonresponsive and will not be considered. A. The person or, in the case of a manually submitted joint venture bid, persons did not sign the bid form. B. The proposal guaranty did not comply with the requirements contained in Article 2.8, "Bid Guaranty." C. The bid was in a form other than the official bid faun issued to the Bidder or Bidders. D. The bid was not in the hands of the letting official at the time and location specified in the advertisement. For electronic bids, "in the hands of the letting official" means EBS vault acknowledgement. E. The bid form submitted had the incorrect number of Items. F. A computer printout, when used, was not signed in the name of the Bidder (or joint Bidders, in the case of a joint venture), or omitted required Items or included an Item or Items not shown in the bid faun. G. The Bidder was not authorized to receive a bid form under Article 2.3, "Issuing Bid Forms." H. The Bidder failed to acknowledge receipt of all addenda issued. I. The Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an Item. J. The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid form. K. The Bidder did not attend a specified mandatory pre -bid conference. The department will not accept or read any of the bids submitted on the same project by: • a joint venture and one or more of its partners, or 3-8 002---017 02-09 • affiliated bidders. 2.8. Bid Guaranty. The bid guaranty amount is fixed at the amount indicated on the bid form on the date the bid faun is released to the public. Provide a bid guaranty in the amount indicated on the bid form as follows: • For printed bids, use either a guaranty check or a bid bond. An electronic bid bond may be used as the guaranty for a bid foiui printed from EBS. (The bid bond number is printed on the form printed from EBS and the Department verifies the bond through EBS at the letting.) • For electronic bids, use an electronic bid bond. Do not use guaranty checks or printed bid bonds on electronic bids. A. Guaranty Check. The guaranty check must be payable to the Texas Transportation Commission and must be a cashier's check, money order, or teller's check drawn by or on a state or national bank, a savings and loan association, or a state or federally chartered credit union (collectively referred to as "bank"). The check must be dated on or before the date of the bid opening. Post dated checks will not be accepted. The type of check or money order must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The Department will not accept personal checks, certified checks, or other types of money orders as a bid guaranty. B. Bid Bond. The bid bond must be on the foini provided by the Department, with powers of attorney attached, and in the amount specified on the bid bond form. The bond form must be dated on or before the date of the bid opening, bear the impressed seal of the Surety and be signed by the Bidder or Bidders, in the case of a joint venture, and an authorized individual of the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond, completed as outlined in this Subarticle. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with state law. C. Electronic Bid Bond. Use the most current version of the electronic bond issued by the department. For a joint venture, the bond must be in the name of all joint venture participants. Enter the bond authorization code into EBS. Use bond authorization codes issued by the companies listed in most recent version of EBS. 2.9. Submittal of Bid. Bids may be submitted either manually or electronically. A. Manually Submitted Bids. Place the completed bid form and the bid guaranty in a sealed envelope marked to indicate the contents. When submitting by mail or delivery service, place the envelope in another sealed envelope and address as indicated in the official advertisement. It is the bidder's responsibility to ensure that the sealed bid arrives at the location described in the official advertisement of the project on or before the time and date set for the opening. The bid must be in the hands of the Letting Official by that time, regardless of the method chosen for delivery, in order to be accepted. 4-8 002---017 02-09 In addition to the requirements above, all pages of a bid form printed from EBS must be submitted. B. Electronically Submitted Bids. Submit the electronic bid to the electronic vault using EBS. It is the bidder's responsibility to ensure that the bid is received by the electronic vault on or before the time and date set for the opening. 2.10. Revising Bid Forms. Revisions to bids will be handled as follows: A. Manually Submitted Bids. 1. Before Submission. Make desired changes to the printed bid form in ink and initial the changes. 2. After Submission. Withdraw the bid in accordance with Article 2.11, "Withdrawing Bids." Make desired changes to the printed bid form in ink and initial the changes. Resubmit to the Letting Official in accordance with Article 2.9, "Delivery of Bid." The Department will not make revisions to a bid on behalf of a Bidder. B. Electronically Submitted Bids. Make desired changes up until the time and date set for the opening of bids using EBS. The electronically submitted bid with the latest time stamp by the electronic vault will be used for tabulation purposes. C. After Bid Opening. Revisions to bids are not allowed after the time and date set for the opening. 2.11. Withdrawing Bids. A. Manually Submitted Bids. Submit a signed written request to the Letting Official. The Department will not accept telephone or electronic requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the Bidder, and must be in the hands of the Letting Official before the time and date set for the opening. In the case of joint venture, the department will accept a request from any person authorized to bind a party to the joint venture to withdrawal a bid. B. Electronically Submitted Bids. Submit an electronic or written request to withdraw the bid. The electronic request must be made using EBS. For a written request, submit a signed request to the Letting Official. A request to withdraw an electronic bid must be made by a person authorized to bind the Bidder and must be made prior to the time and date set for the opening. For written request for withdrawals of electronic bids and in the case of joint venture, the department will accept a request from any person authorized to bind a party to the joint venture to withdrawal a bid. 2.12. Opening and Reading of Bids. At the time, date and location specified in the official advertisement, the Letting Official will publicly: • open and read manually submitted bids; and • read electronically submitted bids. 5-8 002---017 02-09 2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the termination of the Contract and sanctions under the Texas Administrative Code. Termination of the Contract will be in accordance with Article 8.7, "Teiiiiination of Contract." 2.14. Tabulating Bids. A. Official Total Bid Amount. The Department will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount. Except as provided in Section 2.14.G, "Special Item Considerations," the official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public. B. Consideration of Bid Format. When a Bidder submits both an electronic bid and a properly completed manual bid, the unit bid prices in the manual bid will be used to determine the total bid amount. If a bidder submits an electronic bid and an incomplete manual bid, the electronic bid will be used in the tabulation of the total bid amount. If a bidder submits two or more manual bids, all responsive bids will be tabulated. The bid with the lowest tabulation will be used to determine the total bid amount. C. Rounding of Unit Prices. The Department will round off all unit bids involving fractional parts of a cent to the nearest one -tenth cent ($0.001) in determining the amount of the bid as well as computing the amount due for payment of each Item under the Contract. For rounding purposes, entries of five -hundredths of a cent ($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five -hundredths of a cent will be rounded down to the next lowest tenth of a cent. D. Interpretation of Unit Prices. The Department will make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. The Department's deteiiuination will be final. E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as one -tenth of a cent ($0.001). The Department will consider proposals where unit bid prices have been left blank incomplete and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of Items, the bid will be considered complete if: • the regular Item or group of regular Items has unit prices entered, or • the alternate Item or group of alternate Items has unit prices entered. The bid will be considered incomplete and nonresponsive if: • a regular Item or group of regular Items is left blank, and • a corresponding alternate Item or group of alternate Items is left blank. 6-8 002---017 02-09 F. Consideration of Alternate Items. The Department will make two calculations using one - tenth of a cent ($0.001) for each Item if: • a regular Item or a group of Items have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, and • a corresponding alternate Item or group of Items, have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. The Department will use the unit price that is greater than zero for bid tabulation if: • a unit price greater than zero has been entered for either a regular bid or a corresponding alternate Item or group of Items, and • an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of $0.00 has been entered for the other corresponding Item or group of Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the Department will select the option (regular or alternate) that results in the lowest cost to the State. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. G. Special Item Considerations. 1. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for "Hot Asphalt -Rubber Surface Treatments" or "Hot Mix Asphalt Concrete Pavement" which contains ground tire rubber is shown in the bid form and the Bidder bids that alternate Item, the amounts bid for "Hot Asphalt -Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be reduced to 85% of the amounts actually bid. This reduction will only be used for the purposes of determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from scrap tire ground in a facility in Texas. Payment for "Hot Asphalt -Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be at the actual unit prices bid. 2. "Buy America." For proposed Contracts where unit bid prices are submitted for both domestic and foreign steel or iron materials, the total bid amount will be calculated using both the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be the bid using foreign steel or iron materials. If the difference between the low bid using foreign steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%, the apparent low Bidder will be the bid using domestic steel or iron materials. 3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on proposed Contracts without federal funds, the total bid amount will be based upon the reverse application of the non-resident Bidder's home state bidding preference, if any. 2.15. Consideration of Bid Errors. The Department will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: 7-8 002---017 02-09 • Submit written notification to the Department within 5 business days after the date the bid is opened. • Identify the Items of work involved and include bidding documentation. The Department may request clarification of submitted documentation. The Department will evaluate the claim of an error by the apparent low Bidder by considering the following: • The bid error relates to a material Item of work. • The bid error amount is a significant portion of the total bid. • The bid error occurred despite the exercise of ordinary care. • The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Department will result in the rejection of all bids. The erring Contractor will not be allowed to bid the project when it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Department. 2.17. Electronic Bidding. Take responsibility for correctly installing the EBS software. Secure the digital certificate issued by the department at all times. Promptly report compromised digital certificates to the Depaitnient. Select an Internet Service Provider. The Department will not be responsible for Internet unavailability. The Department will not provide a computer for preparing, submitting, revising or withdrawing an electronic bid. 2.18. Bid Form Content. The electronic and the EBS printed bid fouls do not contain such things as the special provisions, special specifications, and general notes. These documents are included by reference. Manual bid foims (traditional proposals) will include such provisions. 8-8 002---017 02-09 2004 Specifications SPECIAL PROVISION 003---033 Award and Execution of Contract For this project, Item 003, "Award and Execution of Contract," of the Standard Specifications, is amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed. Article 3.4. Execution of Contract, Section B, Bonds. The first paragraph is supplemented by the following: Sample versions of the standard performance and payment bonds may be viewed on the department's Internet site at: httn://www.txdot.aov/txdot library/consultants contractors/forms/contractors.htrn 1-1 003---033 07-09 2004 Specifications SPECIAL PROVISION 004---017 Scope of Work For this project, Item 4, "Scope of Work," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 4.2. Changes in the Work. The first paragraph is supplemented by the following: The Contractor is responsible for notifying the sureties of any changes to the contract. Article 4.2. Changes in the Work. The sixth paragraph is voided and replaced by the following: When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity -Based Price Adjustment Factors % of Original Quantity Factor > 50 and < 75 1.05 >25 and<50 1.15 < 25 1.25 Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is voided and replaced by the following: A. Damages. Damages occur when impacts that are the responsibility of the Department result in additional costs to the contractor that could not have been reasonably anticipated at the time of letting. Costs of perfoiiiiing additional work are not considered damages. For contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology provided by the Department, submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant (CPA). Submit CPA -prepared labor burden rates directly to the Contract Letting and Contractor Prequalification Branch of the Construction Division. 1-3 004---017 04-10 1. Delay Damages. If the Contractor requests compensation for delay damages and the delay is deteuiiined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: a. Standby Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month. • For Contractor -owned equipment, standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. For leased equipment on standby, 100% of the invoice cost of the leased equipment will be paid. Operating costs will not be allowed. b. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the prime contractor will be made using the following options: • reimbursed at 6% (computed as daily cost by dividing 6% of the original contract amount by the as -let number of working days) or • actual documented costs for the impacted period. Project overhead for delays impacting sub -contractors will be determined from actual documented costs submitted by the Contractor. The granting of time extensions and suspensions alone will not be justification for reimbursement for project overhead. c. Home Office Overhead. The Department will not compensate the Contractor for home office overhead. Article 4.4. Requests and Claims for Additional Compensation, Section B., Dispute or Claims Procedure is voided and replaced by the following: B. Dispute or Claims Procedure. Work with the Engineer to resolve or escalate all issues in accordance with the procedures outlined at the pre -construction conference. Establish with the Engineer an issue escalation ladder and adhere to the following: 1. Project Pledge. At a minimum, Contractor representatives at the level of foreman and above will certify in writing they will approach the construction of this project in a manner consistent with delivering a high quality project in a safe, cost-effective, and timely manner, and they will be committed to not allowing personality conflicts or personal interests to interfere with providing the public with a quality project. Failure to uphold this commitment may result in grounds for removal from the project by the District Engineer. 2-3 004---017 04-10 2. Issue Resolution Process. An issue is any aspect of the contract where representatives of the participants in the contract do not agree. The individuals identified at the lowest level of the issue escalation ladder will initiate the issue resolution process by escalating any issue that remains unresolved within the time frame outlined in the issue escalation ladder. Use the Department's automated issue tracking system to submit and track issues escalated to the area engineer or above. Do not use the automated issue tracking system for routine issues resolved on the project. Once the issue is recorded in the automated issue tracking system, the issue will be escalated to the district engineer within 15 calendar days. The district engineer will issue written direction within 7 calendar days. Work with the district to resolve all issues during the course of the contract. In the event the district and the Contractor cannot resolve an issue, the Contractor may file a contract claim after the completion of the contract to be handled in accordance with the Department's contract claim procedure. Contract claims will not be presented to the Contract Claims Committee for consideration prior to the final payment to the Contractor. It is the Contractor's responsibility to prove or justify all claims and requests in a timely manner. The deadline for filing a claim in accordance with 43 TAC Section 9.2, is the earlier of 1 year after the date of final acceptance, date of default, or date of termination except that claims for warranty enforcement can be made up to 1 year after expiration of the warranty period. 3-3 004---017 04-10 2004 Specifications SPECIAL PROVISION 005---004 Control of the Work For this project, Item 005, "Control of the Work," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 5.2 Plans and Working Drawings, is supplemented with the following: Submit shop drawings electronically for the fabrication of structural items as documented in the "Guide to Electronic Shop Drawing Submittal" available on the interne at http://www.dot.state.tx.us/publications/bridge/e_submit guide.pdf and as directed by the Engineer for other items required by the standard specifications. References to 11 x 17 sheets in individual specifications for structural items imply electronic CAD sheets. 1-1 005---004 10-06 2004 Specifications SPECIAL PROVISION 006---030 Control of Materials For this project, Item, Item 006, "Control of Materials," of the Standard Specifications is amended hereby with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 6.9. Recycled Materials is voided and replaced by the following: The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling. Use nonhazardous recyclable materials (NRMs) only if the Specification for the Item does not disallow or restrict use. Deteiiiiine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation required by that Specification. Article 6.10. Hazardous Materials is voided and replaced by the following: Use materials that are free of hazardous materials as defined in Item 1, "Definition of Terms." Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Department may contain hazardous materials. Except in the case of Section 6.10.A.1.a, "Cleaning and Painting Steel" below, the Department is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Department as indicated below. The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Department, except in the case of Section 6.10.A.1.a. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contain hazardous materials, have an approved commercial laboratory test the materials for contamination. Remove, remediate, and dispose of any of these materials found to be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor's expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor. A. Painted Steel Requirements. As shown on the plans, existing paint on steel may contain hazardous materials. Perfoiiii work in accordance with the following: 1. Removing Paint from Steel. 1-2 006---030 01-07 a. Cleaning and Painting Steel. For contracts that are primarily for painting existing steel, perform the work in accordance with Item 446, "Cleaning and Painting Steel." b. Other Contracts. For all other projects when an existing paint must be removed to perform other work, perform paint removal work in accordance with Item 446, "Cleaning and Painting Steel" unless the paint is shown or determined to contain hazardous materials. If the paint is shown or determined to contain hazardous materials, the Department will provide for a separate contractor to remove paint prior to or during the Contract to allow dismantling of the steel for the Contractor's salvaging, reuse, or recycling or where paint must be removed to perform other work. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw -cutting methods to remove steel elements coated with paint containing hazardous materials, the plans will show stripping locations. Coordinate with the separate contractor for stripping work to be performed during the Contract. 2. Removal and Disposal of Painted Steel. For Contracts where painted steel is to be removed and disposed of by the Contractor, painted steel may be reused or disposed of at a steel recycling or smelting facility. If the paint is shown or determined to contain hazardous materials, maintain and make available to the Engineer invoices and other records showing the reuse owner or for recycling, records obtained from the recycling or smelting facility showing the received weight of the steel and the facility name Painted steel to be retained by the Department will be shown on the plans. B. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) have been found. At these locations or at locations where previously unknown ACM has been found, the Department will arrange for abatement by a separate contractor during the Contract. For work at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Department sufficient time to abate the asbestos. When the work by a separate contractor for removal of paint or asbestos abatement is to be perfoiuied during the Contract, provide traffic control as shown on the plans and coordinate and cooperate with the separate contractor. Continue other work detailed in the plans not directly involved in the paint removal or asbestos abatement work. Coordinate with the Department the timing of the separate contractor's work in advance in order to allow the Department to schedule work with the separate contractor. Work for the traffic control and other work will not be paid for directly but will be subsidiary to pertinent Items. 2-2 006---030 01-07 Type of Insurance Commercial General Liability Insurance usiness Automobile Policy Workers' Compensation All Risk Builder's Risk Insurance (For building -facilities contracts only) 2004 Specifications SPECIAL PROVISION 007---918 Legal Relations and Responsibilities For this project, Item 7, "Legal Relations and Responsibilities" of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 7.4. Insurance and Bonds is voided and replaced by the following: As specified in Article 3.4, "Execution of Contract," provide the Department with a Certificate of Insurance verifying the types and amounts of coverage shown in Table 1. The Certificate of Insurance must be in a form approved by the Texas Department of Insurance Any Certificate of Insurance provided shall be available for public inspection. Table 1 Insurance Requirements Amount of Coverage Not Less Than: $600,000 each occurrence Not Less Than: $600,000 combined single limit Not Less Than: Statutory 100% of Contract Price By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance or legitimate alternates. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements of Table 1 either through their own coverage or through the Contractor's coverage. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Department receives an acceptable Certificate of Insurance. The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the State. 1-4 007---918 11-11 For building -facilities contracts, provide All Risk Builder's Risk Insurance to protect the Department against loss by storm, fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure. Name the Department under the Lost Payable Clause. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is teiiuinated by the State. The substitute Surety must be authorized by the laws of the State and acceptable to the Department. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner. Article 7.8. Hauling and Loads on Roadways and Structures is supplemented by the following: D. Stockpiling of Materials. Do not store or stockpile material on bridge structures without written peuuission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer. Peiiiiission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Article 7.14. Contractor's Responsibility for Work, Section B. Appurtenances is voided and replaced by the following: B. Appurtenances. 1. Unreimbursed Repair. Except for destruction (not reusable) due to hurricanes, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.14.B.2, "Reimbursed Repair." For the devices listed in this section, reimbursement may be made for damage due to hurricanes. Where the contractor retains replaced appurtenances after completion of the project, the Department will limit the reimbursement to the cost that is above the salvage value at the end of the project. 2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 7.14.A, "Reimbursable Repair," to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments). 2-4 007---918 11-11 Article 7.15. Electrical Requirements, Section A. Definitions, Section 3. Certified Person is voided and replaced by the following: 3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations" or other courses as approved by the Traffic Operations Division. Submit a current and valid TRF certification upon request. On June 1, 2011, Texas Engineering Extension Service (TEEX) certifications for "TxDOT Electrical Systems" course will no longer be accepted. All TRF 450 certifications that have been issued for "TxDOT Roadway Illumination and Electrical Installations" course that expire before June 1, 2011 will be accepted until June 1, 2011. Article 7.15. Electrical Requirements, Section A. Definitions, Section 4. Licensed Electrician is voided and replaced by the following: 4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient 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. Article 7.19. Preservation of Cultural and Natural Resources and the Environment is supplemented by the following: G. Asbestos Containing Material. In Texas, the Depailurent of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated "facility" under NESHAP. Therefore, federal standards for demolition and renovation apply. Provide notice to the Department of demolition or renovation to the structures listed in the plans at least 30 calendar days prior to initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation, or removal. 3-4 007---918 11-11 When demolition, renovation, or removal of load bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days prior to initiating demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the Department will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition, renovation or removal is delayed. Therefore, if the date of actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in sufficient time to allow for the Depaitaient's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above infouuation may require the temporary suspension of work under Article 8.4, "Temporary Suspension of Work or Working Day Charges," due to reasons under the control of the Contractor. The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. Article 7.20, Agricultural Irrigation. This Item is supplemented by the following: Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation District or land owner to determine the proper time and sequence when irrigation demands will permit shutting -off water flows to perform work. Unless otherwise provided on the plans, the work required by these provisions will not be paid for directly but shall be considered as subsidiary work pertaining to the various bid items of this contract. 4-4 007---918 11-11 2004 Specifications SPECIAL PROVISION 008---119 Prosecution and Progress For this project, Item 8, "Prosecution and Progress," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 8.8. Subcontracting, is supplemented with the following: For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the executed subcontract agreement. 1-1 008---119 06-10 2004 Specifications SPECIAL PROVISION 009---009 Measurement and Payment For this project, Item 009, "Measurement and Payment," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 9.6. Progress Payments, Section A, Retainage is voided and replaced by the following: A. Retainage. Retainage will not be withheld on this project. Article 9.6. Progress Payments, Section B, Payment Provisions for Subcontractors is voided and replaced by the following: B. Payment Provisions for Subcontractors. For the purposes of this Article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the department. Pay the subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, perfoiniance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this Section, satisfactory completion is accomplished when: • the subcontractor has fulfilled the Contract requirements of both the Department and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Department; and • the work done by the subcontractor has been inspected, approved, and paid by the Department. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Article 7.14, "Contractor's Responsibility for Work." The Department may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this Section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations as described in this Article. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract or material purchase agreements. 1-1 009---009 04-06 2004 Specifications SPECIAL PROVISION 009---015 Measurement and Payment For this project, Item 9, "Measurement and Payment," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 9.5. Force Account, B. Insurance and Taxes is replaced by the following: B. Labor Burden. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9.5.A, "Labor," will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non -project specific liability (excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits. 1-1 009---015 12-07 2004 Specifications SPECIAL PROVISION 100---002 Preparing Right of Way For this project, Item 100, "Preparing Right of Way," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 100.4. Payment. The second paragraph is voided and replaced by the following: Total payment of this Item will not exceed 10% of the original contract amount until final acceptance. The remainder will be paid on the estimate after the final acceptance under Article 5.8, "Final Acceptance." 1-1 100---002 10-07 2004 Specifications SPECIAL PROVISION 161---006 Compost For this project, Item 161, "Compost," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 161.2. Materials. Table 1 and following two paragraphs are voided and replaced by the following: Property Particle Size Heavy Metals Content Salinity pH Maturity Organic Matter Content Stability Fecal Coliform Table 1 Physical Requirements for Compost Test Method Requirement TMECC' 02.02-B, "Sample Sieving for Aggregate Size 95% passing 5/8 in. Classification" 70% passing 3/8 in. TMECC 04.06, "Heavy Metals and Hazardous Elements": 04.06-As, Arsenic 04.06-Cd, Cadmium 04.06-Cu, Copper 04.06-Pb, Lead 04.06-Hg, Mercury 04.06-Mo, Molybdenum 04.06-Ni, Nickel 04.06-Se, Selenium 04.06-Zn, Zinc TMECC 04.10-A, "1:5 Slurry Method, Mass Basis" TMECC 04.11-A, "1:5 Slurry pH" TMECC 05.05-A, "% Emergence and Relative Seedling Vigor" TMECC 05.07-A, "Loss -On -Ignition Organic Matter Method" TMECC 05.08-B, "Carbon Dioxide Evolution Rate" Pass 5.0 dS/m Max2 5.5-8.5 > 80% 25-65% (dry mass) <8 TMECC 07.01-B, "Fecal Coliforms" 1,000 MPN/g Max 1. "Test Methods for the Examination of Composting and Compost," published by the United States Department of Agriculture and the USCC. 2. A soluble salt content up to 10.0 dS/m for compost used in compost -manufactured topsoil will be acceptable. Maintain compost in designated stockpiles at the producer's site. The Department reserves the right to sample compost at the jobsite. Material may be tested to verify compliance with this Specification by an STA-certified lab. Make payment to the STA-certified lab approved by the Department. Submit lab invoices for passing tests to the Department for reimbursement. Maintain a complete record of all test reports for the previous and current calendar year. 1-1 161---006 11-10 2004 Specifications SPECIAL PROVISION 247---033 Flexible Base For this project, Item 247, "Flexible Base," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 247.2. Materials, Section A. Aggregate, Table 1. Material Requirements is replaced by the following: Property Master gradation sieve size (cumulative % retained) 2-1/2 in. 1-3/4 in. 7/8 in. 3/8 in. No. 4 No. 40 Liquid Limit, % max.' Plasticity Index, max.1 Plasticity index, min.' Wet ball mill, % max.2 Wet ball mill, % max. increase passing the No. 40 sieve Test Method Tex-110-E Tex-104-E Tex-106-E Tex-116-E Classification, max. 3 Tex-117-E Table 1 Material Requirements Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 — 0 0 0-10 10-35 — 30-50 — 45-65 45-75 70-85 60-85 35 40 10 12 40 45 20 20 When When shown on shown on the plans the plans Min. compressive strength, psi lateral pressure 0 psi ( Tex-117-E 1 45 35 lateral pressure 3 psi — lateral pressure 15 psi 1 ( 175 175 0 0 0-10 1 0-5 As shown on ( 10-35 the plans 1 35-65 45-75 1 45-75 50-85 1 1 70-90 40 As shown on 35 the plans 12 As shown on 10 the plans As shown on the flans As shown on 40 the plans As shown on 20 the plans As shown on the plans As shown on the plans 90 175 1. Determine the plastic index in accordance with Tex-107-E (linear shrinkage) when liquid limit is unattainable as defined in Tex-104-E. 2. When a soundness value is required by the plans, test material in accordance with Tex-411-A. 3. When Classification is required by the plans, a triaxial Classification of 1.0 or less for Grades 1 and 2.3 or less for Grade 2 is required. The Classification requirement for Grade 4 will be as shown on the plans. 1-2 247-033 03-09 Article 247.2. Materials, Section A. Aggregate, Section 3. Recycled Material, Section b. Recycled Material (Including Crushed Concrete) Requirements, Section (1), Contractor Furnished Recycled Materials is supplemented by the following: Provide recycled materials that have a maximum sulfate content of 3000 ppm when tested in accordance with Tex-145-E. Article 247.4. Construction, Section C. Compaction is supplemented by the following: Before final acceptance, the Engineer will select the locations of tests and measure the flexible base depth in accordance with Tex-140-E when Complete in Place measurement is specified. Correct areas deficient by more than 1/2 in. in thickness by scarifying, adding material as required, reshaping, recompacting, and refinishing at the Contractor's expense. Article 247.4. Construction, Section C. Compaction, Section 2. Density Control first paragraph is replaced by the following: Compact to at least 100% of the maximum dry density determined by Tex-113-E, unless otherwise shown on the plans. Maintain moisture during compaction at not less than 1 percentage point below the optimum moisture content determined by Tex-113-E. Determine the moisture content of the material in accordance with Tex-115-E or Tex-103-E during compaction daily and report the results the same day to the Engineer, unless otherwise shown on the plans or directed. 2-2 247-033 03-09 2004 Specifications SPECIAL PROVISION 300---039 Asphalts, Oils, and Emulsions For this project, Item 300, "Asphalts, Oils, and Emulsions," of the Standard Specifications is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 300.2. Materials. The first paragraph is voided and replaced by the following: Provide asphalt materials that meet the stated requirements when tested in accordance with the referenced Department, AASHTO, and ASTM test methods. Unless otherwise shown in the plans and specifications, provide asphalt materials that have been preapproved for use by the Construction Division, in accordance with Tex-545-C, "Asphalt Binder Quality Program." Article 300.2. Materials, Section C, Cutback Asphalt. Table 4 "Rapid -Curing Cutback Asphalt" is voided and replaced by the following: Property Table 4 Rapid -Curing Cutback Asphalt Test Procedure Kinematic viscosity, 140°F, cSt Water, % Flash point, T.O.C., °F Distillation test: Distillate, percentage by volume of total distillate to 680°F to 437°F to 500°F to 600°F Residue from distillation, volume % Tests on distillation residue: Penetration, 100 g, 5 sec., 77°F Ductility, 5 cm/min., 77°F, cm Solubility in trichloroethylene, % Spot test Type —Grade RC-250 RC-800 Min T 201 250 D 95 — T 79 1 80 T 78 40 65 85 70 Max Min 400 800 0.2 — 80 75 35 90 55 80 — 75 RC-3000 Max Min : Max 1,600 3,000 i 6,000 0.2 — 0.2 80 70 20 85 45 70 82 55 75 T 49 80 120 80 120 80 120 T 51 100 — 100 — 100 — T 44 99.0 — 99.0 — 99.0 Tex-509-C Neg. Neg. Neg. 300.2. Materials, Section C, Cutback Asphalt. Table 5 "Medium -Curing Cutback Asphalt" is voided and replaced by the following: 1-2 3 00---03 9 07-11 Table 5 Medium -Curing Cutback Asphalt Property Kinematic viscosity, 140°F, cSt Water, % Flash point, T.O.C., °F Distillation test: Distillate, percentage by volume of total distillate to 680°F to 437°F to 500°F to 600°F Residue from distillation, volume % Tests on distillation residue: Penetration, 100 g, 5 sec., 77°F Ductility, 5 cm/min., 77°F, cml Solubility in trichloroethylene, % Spot test Test Type —Grade MC-30 MC-250 MC-800 MC-3000 Procedure YIin Max Min Max 30 1,600 3,000 6,000 — i 0.2 — i 0.2 100 — 150 T 201 D 95 T 79 T 78 40 75 50 Max Min 60 250 0.2 - - 150 25 — 70 15 93 60 — 67 Max Min 500 800 0.2 - - 150 10 — 55 — 87 45 — 75 15 75 T 49 120 250 120 250 120 250 120 250 T 51 100 — 100 — 100 — 100 T 44 99.0 — 99.0 — 99.0 — 99.0 Tex-509-C Neg. Neg. Neg. Neg. 1. If the penetration of residue is more than 200 and the ductility at 77°F is less than 100 cm, the material is acceptable if its ductility at 60°F is more than 100 cm. 300.2. Materials, Section C, Cutback Asphalt. Table 6 "Special -Use Cutback Asphalt" is voided and replaced by the following: Table 6 Special -Use Cutb tck Asphalt Property Kinematic viscosity, 140°F, cSt Water, % Flash point, T.O.C., °F Distillation test: Distillate, percentage by volume of total distillate to 680°F to 437°F to 500°F to 600°F Residue from distillation, volume % Tests on distillation residue: Polymer Polymer content, % (solids basis) Penetration, 100 g, 5 sec., 77°F Ductility, 5 cm/min., 39.2°F, cm Solubility in trichloroethylene, % Test Procedure T 201 D 95 T 79 150 T 78 Tex-533-C T 49 T51 T 44 2-2 35 78 MC-2400L Mini Max 2,400 ; 4,800 0.2 35 80 Type —Grade SCM I Min Max 500 i 1,000 — 0.2 175 20 76 SBR 2.0 — — 150 300 180 50 — — 99.0 — 99.0 0.5 60 SCM II Min Max 1,000 i 2,000 — 0.2 175 15 82 180 99.0 0.5 50 300---039 07-11 2004 Specifications SPECIAL PROVISION 340---003 Dense -Graded Hot -Mix Asphalt (Method) For this project, Item 340, "Dense -Graded Hot -Mix Asphalt (Method)," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 340.2. Materials, Section A. Aggregate, Section 2. RAP is voided and replaced by the following: 2. RAP. RAP is salvaged, milled, pulverized, broken, or crushed asphalt pavement. Crush or break RAP so that 100% of the particles pass the 2-in. sieve. Use of Contractor -owned RAP including HMA plant waste is permitted, unless otherwise noted in the plans. Department -owned RAP stockpiles are available for the Contractor's use when the stockpile locations are shown on the plans. Department -owned RAP generated through required work on the Contract is available for the Contractor's use when shown on the plans. Perform any necessary tests to ensure Contractor or Department -owned RAP is appropriate for use. Unless otherwise shown on the plans, the Department will not perfoiiu any tests or assume any liability for the quality of the Department -owned RAP. Fractionated RAP is defined as having 2 or more RAP stockpiles whereas the RAP is divided into coarse and fine fractions. The coarse RAP stockpile will contain only material retained by processing over a 3/8 in. screen or 1/2 in. screen unless otherwise approved. The fine RAP stockpile will contain only material passing the 3/8 in. screen or 1/2 in. screen unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8 in. screen or 1/2 in. screen to fractionate the RAP. The maximum percentages of fractionated RAP may be comprised of coarse or fine fractionated RAP or the combination of both coarse and fine fractionated RAP. Utilize a separate cold feed bin for each stockpile of fractionated RAP used. Determine asphalt content and gradation of RAP stockpiles for mixture design purposes. Perfoirri other tests on RAP when shown on the plans. Unless otherwise shown on the plans, use no more than 10% unfractionated RAP in surface mixtures and no more than 20% unfractionated RAP in non -surface mixtures that are placed within 8 in. of the final riding surface. Use no more than 30% unfractionated RAP in non -surface mixtures that are placed 8 in. or more from the final riding surface. Unless otherwise shown on the plans, use no more than 20% fractionated RAP in surface mixtures and no more than 30% fractionated RAP in non -surface mixtures that are placed within 8 in. of the final riding surface. Use no more than 40% fractionated RAP in non -surface mixtures that are placed 8 in. or more from the final riding surface. "Surface" mixtures are defined as mixtures that will be the final lift or riding surface of the pavement structure."Non-Surface" mixtures are defined as mixtures that will be an intermediate or base layer in the pavement structure. Do not use Department or Contractor owned RAP contaminated with dirt or other objectionable materials. Do not use Department or Contractor owned RAP if 1-2 340---003 01-09 the decantation value exceeds 5% and the plasticity index is greater than 8. Test the stockpiled RAP for decantation in accordance with the laboratory method given in Tex-406-A, Part I. Determine the plasticity index using Tex-106-E if the decantation value exceeds 5%. The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction. Do not intermingle Contractor -owned RAP stockpiles with Department -owned RAP stockpiles. Remove unused Contractor -owned RAP material from the project site upon completion of the project. Return unused Department -owned RAP to the designated stockpile location. Article 340.2. Materials, Section A. Aggregate. is supplemented by the following: 4. Recycled Asphalt Shingles (RAS). The contractor may use post -manufactured RAS or post - consumer RAS; however, the use of post -consumer RAS may be restricted when shown on the plans. RAS are defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re -roofing residential structures. "Post -manufactured RAS" are processed manufacturer's shingle scrap by-product. "Post -consumer RAS," or "tear -offs," are processed shingle scrap removed from residential structures. Process the RAS by ambient grinding or granulating such that 100% of the particles pass the 1/2 in. sieve when tested in accordance with Tex-200-F, Part I. Add sand meeting the requirements of Table 1 and Table 2 to RAS stockpiles, if needed, to keep the processed material workable. Use a maximum of 4% sand by weight of RAS. Perform a sieve analysis on processed RAS material prior to extraction of the asphalt. Determine asphalt content and gradation of the RAS material for mixture design purposes in accordance with Tex-236-F. Unless otherwise shown on the plans, use no more than 5% processed RAS of the total mixture weight. When RAS is used, whether in conjunction with RAP or not, calculate and ensure the ratio of the virgin binder to total binder is greater than 65% in surface mixtures and 60% in non -surface mixtures. "Surface" mixtures are defined as mixtures that will be final lifts or riding surfaces of a pavement structure. "Non -Surface" mixtures are defined as mixtures that will be intermediate or base layers in a pavement structure. When RAS is used in conjunction with fractionated RAP, use no more than 20% combined RAS and RAP for surface mixtures, and no more than 30% combined RAS and RAP in non -surface mixtures, unless otherwise shown on the plans. When RAS is used in conjunction with un-fractionated RAP, use no more than 10% combined RAS and RAP for surface mixtures, and no more than 20% combined RAS and RAP in non -surface mixtures, unless otherwise shown on the plans. Certify compliance of the RAS with specification DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines". If the RAS has not come into contact with any hazardous materials, treat it as an established NRM. Do not use RAS if deleterious materials as measured by Tex-217-F, Part I, are more than 1.5% of the stockpiled RAS. 2-2 340---003 01-09 2004 Specifications SPECIAL PROVISION 360---003 Concrete Pavement For this project, Item 360, "Concrete Pavement," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 360.3. Equipment, Section E. Curing Equipment. The third sentence is voided and replaced by the following: Provide curing equipment that is independent of all other equipment when required to meet the requirements of Article 360.4.I, "Curing." Article 360.4. Construction, Section H. Spreading and Finishing, Section 2. Maintenance of Surface Moisture. The first and second sentences are voided and replaced by the following: Prevent surface drying of the pavement before application of the curing system by means that may include water fogging, the use of wind screens and the use of evaporation retardants. Article 360. 4. Construction, Section I. Curing. The first sentence is voided and replaced by the following: Keep the concrete pavement surface from drying as described in Section 360.4.H.2, "Maintenance of Surface Moisture," until the curing material has been applied. Article 360.4. Construction, Section I. Curing, Section 1. Membrane Curing. The first paragraph is voided and replaced by the following: Spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more than 180 sq. ft. per gallon. Do not allow the concrete surface to dry before applying the curing compound. Use a towel or absorptive fabric to remove any standing pools of bleed water that may be present on the surface before applying the curing compound. Apply the first coat within 10 min. after completing texturing operations. Apply the second coat within 30 min. after completing texturing operations. 1-1 360---003 01-06 2004 Specifications SPECIAL PROVISION 416---001 Drilled Shaft Foundations For this project, Item 416, "Drilled Shaft Foundations," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 416.5. Payment, Section A. Drilled Shaft is voided and replaced by the following. A. Drilled Shaft. The work perfoiiiied and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Drilled Shaft" or "Drilled Shaft (Non -reinforced)" or "Drilled Shaft (Sign Mounts)" or "Drilled Shaft (High Mast Pole)" or "Drilled Shaft (Roadway Illumination Pole)" or "Drilled Shaft (Traffic Signal Pole)" of the specified diameter, subject to the limitations for overruns authorized by the Engineer given in Section 416.5.A.1, "Overrun." Article 416.5. Payment, Section A. Drilled Shaft, Section 2. Maximum Plan Length Shaft is supplemented by the following. • For roadway illumination poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any roadway illumination pole included in the contract. • For traffic signal poles, the maximum plan length shaft is the maximum length shaft, regardless of diameter, for any traffic signal pole included in the contract. 1-1 416---001 09-04 2004 Specifications SPECIAL PROVISION 420---002 Concrete Structures For this project, Item 420, "Concrete Structures," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 420.4. Construction, Section I, "Finish of Bridge Slabs". The tenth paragraph is supplemented with the following: For bridge approach slabs the carpet drag, burlap drag, or broom finish may be applied either longitudinally or transversely. Article 420.4. Construction, Section I, "Finish of Bridge Slabs". The first sentence of the fourteenth paragraph is voided and replaced by the following: Unless noted otherwise, saw -cut grooves in the hardened concrete of bridge slabs, bridge approach slabs, and direct -traffic culverts to produce the final texturing after completion of the required curing period. Article 420.4. Construction, Section I, "Finish of Bridge Slabs". The fourteenth paragraph is amended by the following: When saw -cut grooves are not required in the plans, provide either a carpet drag or broom finish for micro -texture. In this case insure that an adequate and consistent micro -texture is achieved by applying sufficient weight to the carpet and keeping the carpet or broom from getting plugged with grout. For surfaces that do not have adequate texture, the Engineer may require corrective action including diamond grinding or shot blasting. Article 420.4. Construction, Section J. Curing Concrete. The first sentence of the fourth paragraph is voided and replaced by the following: For upper surfaces of bridge slabs, bridge approach slabs, median and sidewalk slabs, and culvert top slabs constructed using Class S concrete, apply interim curing using a Type 1-D curing compound before the water sheen disappears but no more than 45 minutes after application of the evaporation retardant. Do not allow the concrete surface to dry before applying the interim cure, and do not place the interim cure over standing water. 1-2 420---002 09-05 Article 420.6 Payment. The pay adjustment formula given in the sixth bullet of the fourth paragraph is voided and replaced by the following: A = Bp[-5.37(Sa/Ss)2 + 11.69(Sa/Ss) — 5.32] Where: A = Amount to be paid Sa = Actual strength from cylinders or cores Ss = Specified design strength Bp = Unit bid price 2-2 420---002 09-05 Contaminant Chloride (Cl) Prestressed concrete Bridge decks and superstructure All other concrete Sulfate (SO4) Alkalies (Na20 + 0.658K20) Total Solids 2004 Specifications SPECIAL PROVISION 421---035 Hydraulic Cement Concrete For this project, Item 421, "Hydraulic Cement Concrete," of the Standard Specifications is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 421.2.D. Water, Table 1. Chemical Limits for Mix Water is voided and replaced by the following: Table 1 Chemical Limits for Mix Water Test Method Maximum Concentration (ppm) ASTM C 114 ASTMC 114 ASTM C 114 ASTM C 1603 500 500 1,000 2,000 600 50,000 Article 421.2.B. Supplementary Cementing Materials (SCM) is supplemented with the following: 6. Modified Class F Fly Ash (MFFA). Furnish MFFA conforming to DMS-4610, "Fly Ash." Article 421.2.D. Water, Table 2. Acceptance Criteria for Questionable Water Supplies is voided and replaced by the following: Table 2 Acceptance Criteria for Questionable Water Supplies Property Test Method Limits Compressive strength, min. % ASTM C 31, ASTM C 391.2 90 control at 7 days Time of set, deviation from ASTM C 4031 From 1:00 early to 1:30 later control, h.min 1. Base comparisons on fixed proportions and the same volume of test water compared to the control mix using 100% potable water or distilled water. 2. Base comparisons on sets consisting of at least two standard specimens made from a composite sample. Article 421.2.E.1 Coarse Aggregate. The fourth paragraph is voided and replaced by the following: Unless otherwise shown on the plans, provide coarse aggregate with a 5-cycle magnesium sulfate soundness when tested in accordance with Tex-411-A of not more than 25% when air 1-7 421---035 08-09 entrainment is waived and 18% when air entrainment is not waived. Crushed recycled hydraulic cement concrete is not subject to the 5-cycle soundness test. Article 421.2.E.2 Fine Aggregate. The fifth paragraph is voided and replaced by the following: Acid insoluble (%) _ {(A1)(P1)+(A2)(P2)}/100 where: Al = acid insoluble (%) of aggregate 1 A2 = acid insoluble (%) of aggregate 2 P1 = percent by weight of aggregate 1 of the fine aggregate blend P2 = percent by weight of aggregate 2 of the fine aggregate blend Article 421.2.E.2. Fine Aggregate. The final paragraph is voided and replaced by the following: For all classes of concrete, provide fine aggregate with a fineness modulus between 2.3 and 3.1 as determined by Tex-402-A. Article 421.2.E. Aggregate is supplemented by the following: 4. Intermediate Aggregate. When necessary to complete the concrete mix design, provide intermediate aggregate consisting of clean, hard, durable particles of natural or lightweight aggregate or a combination thereof. Provide inteiiuediate aggregate free from frozen material and from injurious amounts of salt, alkali, vegetable matter, or other objectionable material, and containing no more than 0.5% clay lumps by weight in accordance with Tex-413-A. If more than 30% of the intermediate aggregate is retained on the No. 4 sieve, the retained portion must meet the following requirements: • must not exceed a wear of 40% when tested in accordance with Tex-410-A. • must have a 5-cycle magnesium sulfate soundness when tested in accordance with Tex-411-A of not more than 25% when air entrainment is waived and 18% when air entrainment is not waived. If more than 30% of the intermediate aggregate passes the 3/8" sieve, the portion passing the 3/8" sieve must not show a color darker than standard when subjected to the color test for organic impurities in accordance with Tex-408-A and must have an acid insoluble residue, unless otherwise shown on the plans, for concrete subject to direct traffic equal to or greater than the value calculated with the following equation: Alia > 60 - (AIfa)(Pfa) (Pia) where: Alfa = acid insoluble (%) of fine aggregate or fine aggregate blend Pfa = percent by weight of the fine aggregate or fine aggregate blend as a percentage of the total weight of the aggregate passing the 3/8" sieve in the concrete mix design Pia = percent by weight of the intermediate aggregate as a percentage of the total weight of the aggregate passing the 3/8" sieve in the concrete mix design 2-7 421---035 08-09 Article 421.2.F. Mortar and Grout is supplemented by the following: Section 421.4.A.6, "Mix Design Options," does not apply for mortar and grout. Article 421.3.A. Concrete Plants and Mixing Equipment is supplemented by the following: When allowed by the plans or the Engineer, for concrete classes not identified as structural concrete in Table 5 or for Class C concrete not used for bridge -class structures, the Engineer may inspect and approve all plants and trucks in lieu of the NRMCA or non -Department engineer sealed certifications. The criteria and frequency of Engineer approval of plants and trucks is the same used for NRMCA certification. Article 421.3.A.2. Volumetric Mixers is supplemented by the following: Unless allowed by the plans or the Engineer, volumetric mixers may not supply classes of concrete identified as structural concrete in Table 5. Article 421.4.A Classification and Mix Design. The first paragraph is voided and replaced by the following: Unless a design method is indicated on the plans, furnish mix designs using ACI 211, "Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete," Tex-470-A, or other approved procedures for the classes of concrete required in accordance with Table 5. Perform mix design and cement replacement using the design by weight method unless otherwise approved. Do not exceed the maximum water-to-cementitious-material ratio. Article 421.4.A. Classification and Mix Design, Table 5 Concrete Classes is voided and replaced by the following: Class of Concrete Design Strength, Min. 28-day fie (psi) Maximum W/C Ratio' A 3,000 0.60 B I 2,000 ( 0.60 C5 3,600 0.45 C(HPC)5 D E F5 F(HPC)5 H5 H(HPC)5 S5 3,600 1,500 3,000 Note 6 Note 6 Note 6 0.45 0.60 0.50 0.45 0.45 0.45 Note 6 0.45 4,000 0.45 Table 5 Concrete Classes Coarse Aggregate Grades2'3 General Usage' Inlets, manholes, curb, gutter, curb & gutter, 1-4, 8 conc. retards, sidewalks, driveways, backup walls, anchors 2-7 jRiprap, small roadside signs, and anchors Drilled shafts, bridge substructure, bridge 1-6railing, culverts except top slab of direct traffic culverts, headwalls, wing walls, approach slabs, concrete traffic barrier (cast -in -place) 1-6 lAs shown on the plans 2-7 lRiprap 2-5 (Seal concrete 2-5 Railroad structures; occasionally for bridge piers, columns, or bents 2-5 As shown on the plans 3-6 Prestressed concrete beams, boxes, piling, and concrete traffic barrier (precast) 3-6 lAs shown on the plans 2-5 (Bridge slabs, top slabs of direct traffic culverts 3-7 421---035 08-09 Class of Concrete S(HPC)5 I P I DC5 CO5 LMC5 SS5 I K5 ICES Design Strength, Min. 28-day f', (psi) 4,000 See Item 360 5,500 4,600 4,000 3,6007 Note 6 Note 6 Maximum W/C Ratioi Coarse Aggregate Grades2'3 General Usage4 0.45 2-5 As shown on the plans 0.45 2-3 Concrete pavement 0.40 6 Dense conc. overlay 0.40 6 IConc. overlay 0.40 6-8 Latex -modified concrete overlay 0.45 6 Slurry displacement shafts, underwater drilled shafts 0.45 Note 6 (Note 6 0.45 Note 6 Note 6 1. Maximum water -cement or water-cementitious ratio by weight. 2. Unless otherwise permitted, do not use Grade 1 coarse aggregate except in massive foundations with 4-in. minimum clear spacing between reinforcing steel bars. Do not use Grade 1 aggregate in drilled shafts. 3. Unless otherwise approved, use Grade 8 aggregate in extruded curbs. 4. For information only. 5. Structural concrete classes. 6. As shown on the plans or specified. 7. Use a minimum cementitious material content of 650 lb/cy of concrete. Do not apply Table 6 over design requirements to Class SS concrete. Article 421.4.A. Classification and Mix Design, Table 6 Over Design to Meet Compressive Strength Requirements. Footnote 3 is supplemented by the following: For Class K and concrete classes not identified as structural concrete in Table 5 or for Class C concrete not used for bridge -class structures, the Engineer may designate on the plans an alternative over -design requirement up to and including 1,000 psi for specified strengths less than 3,000 psi and up to and including 1,200 psi for specified strengths from 3,000 to 5,000 psi. Article 421.4.A.1. Cementitious Materials is supplemented by the following: The upper limit of 35% replacement of cement with Class F fly ash specified by mix design Options 1 and 3 may be increased to a maximum of 45% for mass placements, high performance concrete, and precast members when approved. Article 421.4.A.3. Chemical Admixtures is supplemented by the following: When a corrosion -inhibiting admixture is required, use a 30% calcium nitrite solution. The corrosion -inhibiting admixture must be set neutral unless otherwise approved. Dose the admixture at the rate of gallons of admixture per cubic yard of concrete shown on the plans. Article 421.4.A.4 Air Entrainment is voided and replaced by the following: Air entrain all concrete except for Class B and concrete used in drilled shafts unless otherwise shown on the plans. Unless otherwise shown on the plans, target an entrained air content of 4.0% for concrete pavement and 5.5% for all other concrete requiring air entrainment. To meet the air - entraining requirements, use an approved air -entraining admixture. Unless otherwise shown on the plans, acceptance of concrete loads will be based on a tolerance of ± 1.5% from the target air content. If the air content is more than 1.5 but less than 3.0% above the target air, the concrete 4-7 421---035 08-09 may be accepted based on strength tests. For specified concrete strengths above 5,000 psi, a reduction of 1% is permitted. Article 421.4.A Table 7 Air Entrainment is voided. Article 421.4.A.6. Mix Design Options. The first and second paragraphs are voided and replaced by the following: For structural concrete identified in Table 5 and any other class of concrete designed using more than 5201b. of cementitious material per cu. yd., use one of the mix design Options 1-8 shown below, unless otherwise shown on the plans. For concrete classes not identified as structural concrete in Table 5 and designed using less than 5201b. of cementitious material per cu. yd., use one of the mix design Options 1-8 shown below, except that Class C fly ash may be used instead of Class F fly ash for Options 1, 3, and 4 unless sulfate -resistant concrete is shown on the plans. Do not use mix design Options 6 or 7 when High Performance Concrete (HPC) is required. Option 8 may be used when HPC is required provided: a minimum of 20% of the cement is replaced with a Class C fly ash; Tex-440-A, "Initial Time of Set of Fresh Concrete" is performed during mix design verification; the additional requirements for peuueability are met; and the concrete is not required to be sulfate -resistant. Article 421.4.A.6.b. Option 2 is voided and replaced by the following: b. Option 2. Replace 35 to 50% of the cement with GGBFS or MFFA. Article 421.4.A.6.c. Option 3 is voided and replaced by the following: c. Option 3. Replace 35 to 50% of the cement with a combination of Class F fly ash, GGBFS, MFFA, UFFA, metakaolin, or silica fume; however, no more than 35% may be fly ash, and no more than 10% may be silica fume. Article 421.4.A.6.f. Option 6 is voided and replaced by the following: f. Option 6. Use lithium nitrate admixture at a minimum dosage determined by testing conducted in accordance with Tex-471-A, "Lithium Dosage Determination Using Accelerated Mortar Bar Testing." Before use of the mix, provide an annual certified test report signed and sealed by a licensed professional engineer, from a laboratory on the Department's List of Approved Lithium Testing Laboratories, certified by the Construction Division as being capable of testing according to Tex-471-A, "Lithium Dosage Determination Using Accelerated Mortar Bar Testing." Article 421.4.A.6.g. Option 7 is voided and replaced by the following: g. Option 7. When using hydraulic cement only, ensure that the total alkali contribution from the cement in the concrete does not exceed 3.51b. per cubic yard of concrete when calculated as follows: ib. alkali per cu. yd. = (lb. cement per cu. vd.) (% Na2 0 equivalent in cement) 100 5-7 421---035 08-09 In the above calculation, use the maximum cement alkali content reported on the cement mill certificate. Do not use Option 7 when any of the aggregates in the concrete are listed on the Department's List of Aggregate Sources Excluded from Option 7 ASR Mitigation. Article 421.4.A.6.h. Option 8 is voided and replaced by the following: h. Option 8. For any deviations from Options 1-5, perform annual testing on coarse, intermediate, and fine aggregate separately in accordance with ASTM C 1567. Before use of the mix, provide a certified test report signed and sealed by a licensed professional engineer, from a laboratory on the Department's List of Approved ASTM C 1260 Laboratories, demonstrating that the ASTM C 1567 test result for each aggregate does not exceed 0.08% expansion at 14 days. Do not use Option 8 when any of the aggregates in the concrete are listed on the Department's List of Aggregate Sources Excluded from Option 8 ASR Mitigation. When HPC is required, provide a certified test report signed and sealed by a licensed professional engineer demonstrating that AASHTO T 277 test results indicate the peiiueability of the concrete is less than 1,500 coulombs tested immediately after either of the following curing schedules: • Moist cure specimens 56 days at 73°F. • Moist cure specimens 7 days at 73°F followed by 21 days at 100°F. Article 421.4.B. Trial Batches is supplemented by the following: Once a trial batch substantiates the mix design, the proportions and mixing methods used in the trial batch become the mix design of record. Article 421.4.B. Trial Batches. The fourth sentence of the second paragraph is voided and replaced by the following: Test at least one set of design strength specimens, consisting of two specimens per set, at 7-day, 28-day, and at least one additional age. Article 421.4.D. Measurement of Materials, Table 9 is voided and replaced by the following: Table 9 Measurement Tolerances — Non -Volumetric Mixers Material Cement, wt. SCM wt. Cement + SCM (cumulative weighing), wt. Water, wt. or volume Fine aggregate, wt. Coarse aggregate, wt. Fine + coarse aggregate (cumulative weighing), wt. Chemical admixtures, wt. or volume 6-7 Tolerance (%) -1 to +3 - 1 to+3 - 1 to+3 f3 +2 ±2 ±1 ±3 421---035 08-09 Article 421.4.E. Mixing and Delivering Concrete. The first paragraph is supplemented with the following: Do not top -load new concrete onto returned concrete. Article 421.4.E.3. Truck -Mixed Concrete. The first paragraph is voided and replaced by the following: Mix the concrete in a truck mixer from 70 to 100 revolutions at the mixing speed designated by the manufacturer to produce a uniform concrete mix. Deliver the concrete to the project in a thoroughly mixed and uniform mass and discharge the concrete with a satisfactory degree of uniformity. Additional mixing at the job site at the mixing speed designated by the manufacturer is allowed as long as the requirements of Section 421.4.A.5, "Slump" and Section 421.4.E, "Mixing and Delivering Concrete" are met. 7-7 421---035 08-09 2004 Specifications SPECIAL PROVISION 440---006 Reinforcing Steel For this project, Item 440, "Reinforcing Steel" of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 440.2 Materials, Section A. Approved Mills is supplemented by the following: Contact the Construction Division with the name and location of the producing mill for stainless steel reinforcement at least 4 weeks prior to ordering any material. Article 440.2. Materials, Section D. Weldable Reinforcing Steel is supplemented by the following: Do not weld stainless reinforcing steel without permission from the Engineer. If welding is required, provide stainless steel reinforcing suitable for welding and submit welding procedures and electrodes to the Engineer for approval. Article 440.2. Materials, Section F. Epoxy Coating. The second paragraph is voided and replaced by the following: Furnish coated reinforcing steel meeting the requirements in Table 3. Article 440.2. Materials, Section F. Epoxy Coating. Paragraph four is voided and not replaced. Article 440.2. Materials, Section G. Mechanical Couplers is voided and replaced by the following: When mechanical splices in reinforcing steel bars are shown on the plans, use couplers of the type specified in DMS-4510, "Mechanical Couplers for Reinforcing Steel," Article 4510.5.A, "General Requirements." Furnish only couplers produced by a manufacturer pre -qualified in accordance with DMS-4510. Do not use sleeve -wedge type couplers on coated reinforcing. Sample and test couplers for use on individual projects in accordance with DMS-4510. Furnish couplers only at locations shown on the plans. Furnish couplers for stainless reinforcing steel with the same alloy designation as the reinforcing steel. 1-2 440---006 10-11 Article 440.2. Materials is supplemented by the following: H. Fibers. When allowed by the plans, supply fibers at the minimum dosage listed on the Material Producer List maintained by the Materials and Pavements Section of the Construction Division. When shown on the plans, use fibers that do not corrode due to carbonation of concrete or the use of deicing salts. I. Stainless Steel. When stainless reinforcing steel is required in the plans, provide deformed steel bars of the types listed in Table 3a and conforming to ASTM A 955, GR 60 or higher. UNS Designation AISI Type Table 3a Acceptable Types of Deformed Steel Bar S31653 S31803 S24100 316LN 2205 XM-28 S32304 2304 Article 440.3.Construction, Section A. Bending is supplemented by the following: Bend stainless reinforcing steel in accordance with ASTM A955. Article 440.3.Construction, Section C. Storage is supplemented by the following: Do not allow stainless steel reinforcement to be in direct contact with uncoated steel reinforcement, nor with galvanized reinforcement. This does not apply to stainless steel wires and ties. Store stainless steel bar reinforcement separately, off the ground on wooden supports. Article 440.3. Construction, Section D. Splices. The fifth bullet is voided and replaced by the following: • For box culvert extensions with less than 1 ft. of fill, lap the existing longitudinal bars with the new bars as shown in Table 5. For extensions with more than 1 ft. of fill, lap at least 1 ft. 0 in. Article 440.3. Construction, is supplemented by the following: G. Handling and Placing Stainless Steel Reinforcing. Handle, cut, and place stainless steel bar reinforcement using tools that are not used on carbon steel. Do not use carbon steel tools, chains, slings, etc. when handling stainless steel. Use only nylon or polypropylene slings. Cut stainless steel using shears, saws, abrasive cutoff wheels, or torches. Remove any thermal oxidation using pickling paste. Do not field bend stainless steel without approval. Use 16 gauge fully annealed stainless steel tie wire conforming to the material properties listed in 440.2.I. "Stainless Steel". Support all stainless steel on solid plastic, stainless steel, or epoxy coated steel chairs. Do not use uncoated carbon steel chairs in contact with stainless steel. 2-2 440---006 10-11 2004 Specifications SPECIAL PROVISION 441---007 Steel Structures For this project, Item 441, "Steel Structures," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 441.3, "Construction," Section A, "General Requirements," Section 1, "Applicable Codes," is voided and replaced by the following: Pedal' all fabrication in accordance with AASHTO/NSBA Steel Bridge Collaboration S2.1, including fabrication of non -bridge members. Follow all applicable provisions of the appropriate AWS code (D 1.5 or D 1.1) except as otherwise noted in the plans or in this Item. Weld sheet steel (thinner than 1/8 in.) in accordance with ANSI/AWS D1.3, Structural Welding Code Sheet Steel. Unless otherwise stated, requirements of this Item are in addition to the requirements of S2.1. In case of a conflict between this Item and S2.1, follow the more stringent requirement. Perfoiin all bolting in accordance with Item 447, "Structural Bolting." Article 441.3, "Construction," Section A, "General Requirements," Section 5, "Qualification of Plant, Laboratories, and Personnel," Section b, "Nondestructive Examination (NDE)," is voided and replaced by the following: Personnel perfoiining NDE must be qualified in accordance with the applicable AWS code. Level III personnel that qualify Level II inspectors shall be certified in accordance with CP189. Testing agencies and individual third -party contractors must also successfully complete periodic audits for compliance, performed by the Department. In addition, ultrasound technicians must pass a hands-on test administered by the Construction Division. A technician who fails the hands-on test must wait 6 months before taking the test again. Qualification to perfoiiii ultrasonic testing for the Department will be revoked when the technician's employment is teiininated, and recertification based on a new hands-on test will be required. Article 441.3, "Construction," Section A, "General Requirements," Section 8, "Submerged - Arc Welding (SAW)," is voided and replaced by the following: a. Submerged -Arc Welding(SAW). Provide equipment with automatic guidance capable of maintaining the position of the arc and controlling the speed of travel so that, when once set by the operator, little manipulation is needed. Small adjustments to compensate for acceptable plate waviness, acceptable tilt of flange, etc. will be peiiiiitted. Do not use hand-held semiautomatic SAW for welding bridge members unless altered to provide automatic guidance to otherwise approved. 1-3 441---007 10-11 b. Flux Cored Arc Welding (FCAW). Flux Cored Arc Welding is permitted on web to flange welds provided an external shielding gas is used. Article 441.3, "Construction," Section A, "General Requirements," Section 9, "Inspection." The second paragraph is voided and replaced by the following: Provide the Inspector with the helpers and equipment needed to move material to allow inspection. QC is solely the responsibility of the Contractor. The Contractor must have a QC staff qualified in accordance with the applicable AWS code. Welding inspectors must be current AWS Certified Welding Inspectors. The QC staff must provide inspection of all materials and workmanship prior to inspection by the Department. Article 441.3, "Construction," Section B, "Welding," Section 5, "Nondestructive Examination (NDE)," Section c, "Magnetic Particle Testing." The first sentence is voided and not replaced. Article 441.3, "Construction," Section D, "Dimensional Tolerances," Section 2, "Flange Straightness." The second sentence is voided and replaced by the following: Rolled material must meet this straightness requirement before being laid out or worked. Article 441.3, "Construction," Section D, "Dimensional Tolerances," Section 3, "Alignment of Deep Webs in Welded Field Connection." The first sentence is voided and replaced by the following: For girders 48 in. deep or deeper, the webs may be slightly restrained while checking compliance with tolerances of S2.1 for lateral alignment at welded field connections. Article 441.3, "Construction," Section D, "Dimensional Tolerances," Section 4, "Bearings," Section c, "Shoes," is supplemented by the following: • For a pin and rocker type expansion shoe, the axis of rotation coincides with the central axis of the pin. • When the shoe is completely assembled, as the top bolster travels through its full anticipated range, no point in the top bolster plane changes elevation by more than 1/16 in. and the top bolster does not change inclination by more than 1 degree, for the full possible travel. Article 441.3, "Construction," Section D, "Dimensional Tolerances," Section 4, "Bearings," is supplemented by the following: d. Beam supports. Fabricate beam support planes true to the box girder bearing to 1/16 in. in the short direction and true to the vertical axis of the nesting girders to 1/16 in. Article 441.3, "Construction," Section G, "Shop Assembly," Section 1, "General Shop Assembly." The first paragraph is voided and replaced by the following: 2-3 441---007 10-11 1. General Shop Assembly. Shop -assemble field connections of primary members of trusses, arches, continuous beam spans, bents, towers (each face), plate girders, field connections of floor beams and stringers (including for railroad structures), field -bolted plate diaphragms for curved plate girders and railroad underpasses, and rigid frames. Field -bolted crossframes and rolled - section diaphragms do not require shop assembly. Complete fabrication, welding (except for shear studs), and field splice preparation before members are removed from shop assembly. Obtain approval for any deviation from this procedure. The Contractor is responsible for accurate geometry. 3-3 441---007 10-11 2004 Specifications SPECIAL PROVISION 442---016 Metal for Structures For this project, Item 442, "Metal for Structures," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 442.2, "Materials," Section A, "Structural Steel," Section 1, "Bridge Structures." The third sentence is voided and not replaced. Article 442.5, "Payment," is voided and replaced by the following: 442.5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Structural Steel" of the type (Rolled Beam, Plate Girder, Tub Girder, Box Girder, Railroad Through -Girder, Railroad Deck -Girder, Miscellaneous Bridge, Miscellaneous Non -Bridge) specified. This price is full compensation for materials, fabrication, transportation, erection, paint, painting, galvanizing, equipment, tools, labor, and incidentals. 1-1 442 ---016 02-10 2004 Specifications SPECIAL PROVISION 448---002 Structural Field Welding For this project, Item 448, "Structural Field Welding," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 448.3 Equipment is voided and replaced by the following: Provide electrode drying and storing ovens that can maintain the required temperatures specified in Section 448.4.C.1, "Electrode Condition." Each oven must have a door that is sealed and can be latched. Each oven must have a small port that may be opened briefly to insert a theiiuometer or the oven must be equipped with a thermometer that allows for direct reading of temperature inside the oven without opening the oven. Provide equipment able to preheat and maintain the temperature of the base metal as required and as shown on the plans. Provide approved equipment, temperature indicator sticks, infrared thermometer, etc., for checking preheat and interpass temperatures at all times while welding is in progress. Provide welding equipment meeting the requirements of the approved welding procedure specifications (WPS), if required, and capable of making consistent high -quality welds. Article 448.4.B.2.Certified Steel Structures Welder. The second bulleted item is voided and replaced by the following: • Use metal for test plates that meets Item 442, "Metal for Structures," with a minimum yield point of 36 ksi. The minimum width of test plate must be sufficient to accommodate the radiograph inspection of 6 continuous inches of the weld, not counting the ends of the weld. Article 448.4.C.5. Welding Practice. The second paragraph is voided and replaced by the following: Use the stringer -bead technique where possible for groove welds. In vertical welding passes, progress upward using a back -step sequence keeping the end of the low -hydrogen electrode contained within the molten metal and shield of flux, unless the electrode manufacturer's specifications indicate otherwise Article 448.4.C.7. Radiographic Inspection is supplemented by the following: Meet the requirements specified in Section 441.3.B.5.a, "Radiographic Testing" for radiograph film quality. 1-1 448---002 06-09 2004 Specifications SPECIAL PROVISION 464---006 Reinforced Concrete Pipe For this project, Item 464, "Reinforced Concrete Pipe," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 464.2. Materials, Section A. Fabrication is voided and replaced by the following: Fabrication plants must be approved by the Construction Division in accordance with DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification," before furnishing precast reinforced concrete pipe for Department projects. The Construction Division maintains a list of approved reinforced concrete pipe plants. Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." Article 464.2. Materials, Section B. Design, 1. General. Table 2 is voided and replaced by the following: Design Size 1 2 3 4 5 6 7 8 9 10 Table 2 Arch Pipe Equivalent Rise (in.) Span (in.) Diameter (in.) 18 13-1/2 22 21 15-1/2 26 24 18 28-1/2 30 22-1/2 36-1/4 36 26-5/8 43-3/4 42 31-5/16 51-1/8 48 ) 36 58-1/2 54 I 40 65 60 I 45 73 72 I 54 88 Article 464.2 Materials, Section C. Physical Test Requirements is voided and not replaced. 1-2 464---006 04-12 Article 464.2. Materials, Section D. Markings. The first paragraph is voided and replaced by the following: Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification": • class or D-Load of pipe, • ASTM designation, • date of manufacture, • pipe size, • name or trademark of fabricator and plant location, • designated fabricator's approval stamp, • pipe to be used for jacking and boring (when applicable), and • designation "SR" for pipe meeting sulfate -resistant concrete plan requirements (when applicable). Article 464.2. Materials, Section E. Inspection is voided and replaced by the following: Provide access for inspection of the finished pipe at the project site before and during installation. Article 464.2. Materials, Section F. Causes for Rejection is voided and replaced by the following: Individual section of pipe may be rejected for any of the conditions stated in the Annex of DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." Article 464.2. Materials, Section G. Repairs is voided and replaced by the following: Make repairs if necessary as stated in the Annex of DMS-7310, "Reinforced Concrete Pipe and Machine -Made Precast Concrete Box Culvert Fabrication and Plant Qualification." Article 464.2. Materials, Section H. Rejections is voided and not replaced. 2-2 464---006 04-12 2004 Specifications SPECIAL PROVISION 465---001 Manholes and Inlets For this project, Item 465, "Manholes and Inlets," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 465.2, Materials. The second paragraph is voided and replaced by the following: Precast manholes, inlets, risers, and appurtenances are acceptable unless otherwise shown. Alternate designs for precast items must be acceptable to the Engineer and must conform to functional dimensions and dimensions for plan wall, slab and edge beam thicknesses, and reinforcing steel areas. Alternate designs must be designed and sealed by a licensed professional engineer. 1-1 465---001 04-06 2004 Specifications SPECIAL PROVISION 476---003 Jacking, Boring, or Tunneling Pipe or Box For this project, Item 476, "Jacking, Boring, or Tunneling Pipe or Box," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 476.3. Construction, Section A. Jacking. The third paragraph is voided and replaced by the following: Ensure that excavation for the underside of the pipe for at least 1/3 of the circumference of the pipe confoiiiis to the contour and grade of the pipe. Ensure that the excavation for the bottom slab of the box conforms to the grade of the box. If desired, over excavate to provide not more than 2 in. of clearance for the upper portion of the pipe or box. Taper this clearance to zero at the point where the excavation conforms to the contour of the pipe or box. When jacking of pipe has begun, the operation shall be carried on without interruption, insofar as practicable, to prevent the pipe from becoming firmly set in the embankment. Pressure -grout any over excavation of more than 1 in. When shown on the plans, pressure -grout between the carrier pipe and casing. Article 476.3. Construction, Section B. Boring. The fifth paragraph is voided and replaced by the following: 1. Larger Diameter Boring Methods. For drainage and large utility borings, use the pilot hole or auger method. Pressure -grout any over excavation of more than 1 in. When shown on the plans, pressure -grout between the carrier pipe and casing. a. Pilot Hole Method. Bore a 2 in. pilot hole the entire length of the crossing, and check it for line and grade on the opposite end of the bore from the work shaft. This pilot hole will serve as centerline for the larger diameter hole to be bored. b. Auger Method. Use a steel encasement pipe of the appropriate diameter equipped with a cutter head to mechanically perform the excavation. Use augers of sufficient diameter to convey the excavated material to the work shaft. 2. Electrical and Communication Conduit Boring. For electrical and communication conduit borings, limit over excavation to the dimensions shown in Table 1. Increased boring diameters will be allowed for outer diameters of casing and couplings. Pressure grouting will not be required for electrical and communication conduit borings. 1-2 476---003 07-11 Table 1 Allowable Bore Diameter for Electrical or Communication Conduit or Casing Single Conduit Bores Multiple Conduit Bores Conduit Size (in.) Maximum Allowable Conduit Size (in.)1 Maximum Allowable Bore (in.) Bore (in.) 2 4 4 6 3 6 5 8 4 6 6 10 6 10 7 12 8 12 1. The diameter of multiple conduits is the sum of the outside diameter of the two largest conduits for placement of up to 4 conduits in one bore. Submit boring diameters for the Engineer's approval when more than 4 conduits are to be placed in a bore. Article 476.3. Construction, Section C. Tunneling is supplemented by the following: When shown on the plans, pressure -grout between the carrier pipe and liner plate. 2-2 476---003 07-11 2004 Specifications SPECIAL PROVISION 500---005 Mobilization For this project, Item 500, "Mobilization," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 500.1. Description is supplemented by the following: Work for this Item includes submissions required by the Contract. Article 500.3. Payment, Section A is voided and replaced by the following: A. Payment will be made upon presentation of a paid invoice for the payment, perfoiiiiance, or retainage bonds, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. Article 500.3. Payment, Section F is voided and replaced by the following: F. Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount. Article 500.3. Payment is supplemented by the following: G. Payment for the remainder of the lump sum bid for "Mobilization" will be made after all submittals are received, final quantities have been deteuiiined and when any separate vegetative establishment and maintenance, test and performance periods provided for in the Contract have been successfully completed. 1-1 500-005 03-08 2004 Specifications SPECIAL PROVISION 502---033 Barricades, Signs, and Traffic Handling For this project, Item 502, "Barricades, Signs, and Traffic Handling," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 502.4. Payment, Section C. Maximum Total Payment Prior to Acceptance is voided and replaced by the following: C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8, "Final Acceptance." The remaining balance will be paid in accordance with Section 502.4.E, "Balance Due." 1-1 502---033 10-07 2004 Specifications SPECIAL PROVISION 610---015 Roadway Illumination Assemblies For this project, Item 610, "Roadway Illumination Assemblies," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 610.2. Materials. The fourth paragraph is voided and replaced by the following: Do not provide shop drawings for complete assemblies that are fabricated in accordance with this Item and standard details shown on the plans. Electronically submit shop drawings for optional multi -sided steel pole designs, optional aluminum pole designs, and non-standard designs required when basic wind speeds and/or pole base mounting heights at the installation locations are in excess of that shown on the Roadway Illumination Pole (RIP) standard. Manufacturers may request that the Department add the shop drawings and design calculations they submit for this Item to a pre -approved list of optional and non-standard pole designs. The submittal requirements and procedures for these optional and non-standard illumination pole shop drawings and calculations are linked to the "Shop Drawings" page located online at: http://www.dot.state.tx.us/business/contractors consultants/bridge/shop drawings/default.htm 1-1 610---015 07-12 2004 Specifications SPECIAL PROVISION 620---001 Electrical Conductors For this project, Item 620, "Electrical Conductors," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 620.2 Materials. The fourth and fifth paragraphs are void and replaced by the following: Use white insulation for grounded (neutral) conductors, except that grounded conductors AWG No. 4 and larger may be black with white tape marking at every accessible location. Do not use white insulation or marking for any other conductor except control wiring specifically shown on the plans. Ensure that insulated grounding conductors are green except that insulated grounding conductors AWG No. 4 and larger may be black with green tape marking at every accessible location. Do not use green insulation or marking for any other conductor except control wiring specifically shown on the plans. 1-1 620---001 09-04 2004 Specifications SPECIAL PROVISION 624---014 Ground Boxes For this project, Item 624, "Ground Boxes," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 624.1. Description is voided and replaced by the following: Construct, furnish, and install ground boxes complete with lids. Remove existing ground boxes. Article 624.2 Construction and Materials. The first paragraph is voided and replaced by the following: Provide new materials that comply with the details shown on the plans and meet the following requirements: • Construct cast -in -place concrete ground boxes and aprons in accordance with Item 420, "Concrete Structures," and Item 440, "Reinforcing Steel." • Provide fabricated precast polymer concrete ground boxes, and precast concrete ground boxes that comply with DMS-11070, "Ground Boxes." • Construct a concrete apron, when shown on the plans, in accordance with Item 432, "Riprap," and Item 440, "Reinforcing Steel." Article 624.2. Construction and Materials is supplemented by the following: Remove existing ground boxes to at least 6 in. below the conduit level. Uncover conduit to a sufficient distance so that 90 degree bends can be removed and conduit reconnected. Clean the conduit in accordance with Item 618, "Conduit" and pull, splice, or terminate new conductors as indicated in the plans. Cleaning of conduit is subsidiary to this Item. Pulling, splicing, or terminating conductors will be paid under Item 620, "Electrical Conductors." Backfill area to ground level with acceptable material upon completing adjacent work related to conduit and conductors. Article 624.3. Measurement is voided and replaced by the following: This Item will be measured by each ground box complete in place or by each ground box removed. Article 624.4. Payment is voided and replaced by the following: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Ground Boxes" of the types and sizes specified and for "Remove Existing Ground Boxes." This price is full compensation for excavating and backfilling; constructing, furnishing, installing, and removing the ground boxes and concrete aprons when required; and equipment, labor, materials, tools, and incidentals. 1-1 624-014 10-10 2004 Specifications SPECIAL PROVISION 628---003 Electrical Services For this project, Item 628, "Electrical Services," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 628.5. Payment, A. Installation is voided and replaced by the following: A. Installation. Except as provided for in the following paragraph, this price is full compensation for paying all fees, permits, and other costs; making arrangements with the utility company for all work and materials provided by the utility company; furnishing, installing, and connecting all components including poles, service supports, foundations, anchor bolts, riprap, enclosures, switches, breakers, conduit (from the service equipment including the elbow below ground), fittings, conductors (from the service equipment including the elbow below ground), brackets, bolts, hangers, and hardware; and equipment, labor, tools, and incidentals. Costs for utility -owned power line extensions, connection charges, meter charges, and other charges will be paid for by the Department. The Department will reimburse the contractor the amount billed by the utility plus an additional 5% of the invoice cost will be paid for labor, equipment, administrative costs, superintendence, and profit. 1-1 628---003 04-11 2004 Specifications SPECIAL PROVISION 636---014 Aluminum Signs For this project, Item 636, "Aluminum Signs," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 636.1. Description is voided and replaced by the following: • Installation. Furnish, fabricate, and erect signs. Sign supports are provided for under other Items. • Replacement. Replace existing signs on existing sign supports. • Refurbishing. Refurbish existing signs on existing sign supports. Article 636.2. Materials, Section A. Sign Blanks is voided and replaced by the following: A. Sign Blanks. Furnish sign blank substrates in accordance with DMS-7110, "Aluminum Sign Blanks" or DMS-8305, "Fiberglass Sign Substrate," and in accordance with the types shown on the plans. Use single -piece sheet -aluminum substrates for Type A (small) signs. Use either extruded aluminum or fiberglass substrates for Type G (ground -mounted) or Type 0 (overhead -mounted) signs as shown on the plans. Article 636.2. Materials, Section B. Sign Face Reflectorization is supplemented by the following: Ensure that sign legend, symbols, borders, and background exhibit unifoini color, appearance, and retroreflectivity when viewed both day and night. Article 636.2. Materials, Section C. Sign Messages. The last two bullets are voided and replaced by the following: • Fabricate non -reflective black film legend from materials meeting DMS-8300. • Furnish direct -applied route markers and other attachments within the parent sign face, unless otherwise specified in the plans. Article 636.2. Materials, Section D. Hardware is supplemented by the following: Furnish sign hardware for fiberglass signs in accordance with the fiberglass substrate manufacturer's recommendations. Article 636.3. Construction, Section A. Fabrication, Part 1. Sign Blanks. The first paragraph is voided and replaced by the following: 1-3 636---014 10-08 Furnish sign blanks to the sizes and shapes shown on the plans and that are free of buckles, warps, burrs, dents, cockles, or other defects. Do not splice individual extruded aluminum or fiberglass panels. Article 636.3. Construction, Section A. Fabrication, Part 2. Sheeting Application is voided and replaced by the following: 2. Sheeting Application. Apply sheeting to sign blanks in confouuance with the sheeting manufacturer's recommended procedures. Meet the fabrication requirements of DMS-8300, Section 8300.7.F, "Sign Fabrication" for white, orientation non -compliant sheeting listed on the Department's Material Producer List entitled "Sign Face Materials." Clean and prepare the outside surface of extruded aluminum or fiberglass flanges in the same manner as the sign panel face. Minimize the number of splices in the sheeting. Overlap the lap -splices by at least 1/4 in. Use butt splices for Type C microprismatic, Type D, and Type E reflective sheeting. Provide a 1-ft. minimum dimension for any piece of sheeting. Do not splice sheeting for signs fabricated with transparent screen inks or colored transparent films Article 636.3. Construction, Section A. Fabrication, Part 3. Sign Assembly. The first paragraph is voided and replaced by the following: 3. Sign Assembly. Assemble extruded aluminum signs in accordance with the details shown on the plans. Assemble fiberglass signs in accordance with the fiberglass manufacturer's recommendations located on the Department's Material Producer List entitled "Fiberglass Sign Substrates." Sign face surface variation must not exceed 1/8 in. per foot. Surface misalignment between panels in multi -panel signs must not exceed 1/16 in. at any point. Article 636.3. Construction, Section B. Storage and Handling. The last paragraph is voided and replaced by the following: Store all fmished signs off the ground and in a vertical position until erected. Store finished sheet -aluminum substrate signs in a weatherproof building. Extruded aluminum and fiberglass substrate signs may be stored outside. Article 636.3. Construction, Section E. Replacement is supplemented by the following: Mounting hardware for fiberglass signs will be per the fiberglass substrate manufacturer's recommendations. 2-3 636---014 10-08 Article 636.3. Construction, Section H. Documentation is added. H. Documentation. Provide a notarized original of the Signing Material Statement (Form 2273) with the proper attachments for verification of compliance. Article 636.5. Payment. The first paragraph is voided and replaced by the following: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Aluminum Signs," "Fiberglass Signs," "Signs," "Replacing Existing Aluminum Signs," "Replacing Existing Fiberglass Signs," "Refurbishing Aluminum Signs," or "Refurbishing Fiberglass Signs," of the type specified. Article 636.5. Payment, Section B. Replacement is voided and replaced by the following: B. Replacement. This price is full compensation for: furnishing and installing new aluminum or fiberglass signs and hardware; removal of existing signs; fabrication of sign panels; treatment of sign panels required before application of the background materials; application of the background materials and messages to the sign panels; furnishing and fabricating frames, wind beams, stiffeners, or required joint backing strips; furnishing bolts, rivets, screws, fasteners, clamps, brackets, and sign support connections; assembling and erecting the signs; preparing and cleaning the signs; salvaging and disposing of unsalvageable material; and equipment, materials, labor, tools, and incidentals. 3-3 636---014 10-08 2004 Specifications SPECIAL PROVISION 672---034 Raised Pavement Markers For this project, Item 672, "Raised Pavement Markers," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 672.2. Materials, Section B. Adhesives is supplemented by the following: • The Contractor may propose alternate adhesive materials for consideration and approval by the Engineer. Article 672.3. Construction. The sixth paragraph is voided and replaced by the following: Use the following adhesive materials for placement jiggle bar tile, reflectorized pavement markers, and traffic buttons unless otherwise shown on the plans: • standard or flexible bituminous adhesive for applications on bituminous pavements. • epoxy adhesive or flexible bituminous adhesive for applications on hydraulic cement concrete pavements. Use epoxy adhesive for plowable reflectorized pavement markers. Article 672.3. Construction is supplemented by the following: Provide a 30-day performance period that begins the day following written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. This written acceptance does not constitute final acceptance. Replace all missing, broken or non -reflective RPMs. Visual evaluations will be used for these determinations. Upon request, the Engineer will allow a Contractor representative to accompany the Engineer on these evaluations. The Engineer may exclude RPMs from the replacement provisions of the performance, provided the Engineer determines that the failure is a result of causes other than defective material or inadequate installation procedures. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and pavement failure. Replace all missing or non -reflective RPMs identified during the performance period within 30 days after notification. The end of the performance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the performance period. 1-3 672---034 08-08 Article 672.5. Payment is supplemented by the following: No additional payment will be made for replacement of RPMs failing to meet the performance requirements. 2-3 672---034 08-08 RPMs INSTALLATION RECORD The 30 day performance period begins the day after written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. COUNTY CONTROL LIMITS FROM MONTH/YR HIGHWAY PROJECT LIMITS TO OF INSTALLATION Contractor signature Department signature 3-3 Date Date 672---034 08-08 2004 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 1122--001 Temporary Erosion, Sedimentation, and Environmental Controls For this project, Special Specification Item 1122, "Temporary Erosion, Sedimentation, and Environmental Controls" is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 3.C. Training is supplemented by the following: The Environmental Management System (EMS) eLearning Courses and Department's EMS Policy Statement can be found at httn://txdot.gov/business/ems courses.htm. The following training has been developed in compliance with the Department's EMS program. All Contractor and subcontractor employee's involved in the earthwork activities, small or large structures, storm water control measures, and seeding activities must complete the following training located at httn://txdot.aov/business/ems courses.htm. Training is provided by the Department at no cost to the Contractor. • "Environmental Management System: Awareness Training for the Contractor (English and Spanish)", and • "Stoini Water: Environmental Requirements During Construction (English and Spanish)". The CRPe, alternate CRPe designated for emergencies, Contractor's superintendent, and Contractor and subcontractor lead personnel involved in SWP3 activities must enroll and complete the training located at httn://www.uta.edulced/static/ttsenvonline.shtml. Training is provided by a third party. Coordinate enrollment through the third party and pay associated fees for the following training: • ENV413, "Revegetation During Construction", • ENV432, "Construction General Permit Compliance", • ENV433, "Construction Stagegate Compliance", and • CON 816, "Environmental Management System, Construction Stage Gate Checklist (CSGC)". Training and associated fees will not be measured or paid for directly but are considered subsidiary to this Item. 1122--001 05-12 2004 Specifications SPECIAL SPECIFICATION 1014 Landscape Amenity 1. Description. Insta11 landscape amenity as shown on the plans or as directed. 2. Materials and Construction Methods. Furnish materials and use construction methods in accordance with the plans. 3. Measurement. This Item will be measured by the each. 4. Payment. The work perfoiined and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Landscape Amenity" or "Landscape Amenity" of type specified. This price is full compensation for furnishing all materials, equipment, labor, and incidentals. 1-1 1014 12-04 2004 Specifications SPECIAL SPECIFICATION 1122 Temporary Erosion, Sedimentation, and Environmental Controls 1. Description. Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) as provided in the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000. Control measures are defined as Best Management Practices used to prevent or reduce the discharge of pollutants. Control measures include but are not limited to rock filter dams, temporary pipe slope drains, temporary paved flumes, construction exits, earthwork for erosion control, pipe, construction perimeter fence, sandbags, temporary sediment control fence, biodegradable erosion control logs, vertical tracking, temporary or permanent seeding, and other measures. Perfortu work in a manner to prevent degradation of receiving waters, facilitate project construction, and comply with applicable federal, state, and local regulations. Ensure the installation and maintenance of control measures is perforated in accordance with the manufacturer's or designer's specifications. By signing the Contractor Certification of Compliance, the Contractor certifies they have read and understand the requirements applicable to this project pertaining to the SWP3, the plans, and the TPDES General Petittit TXR150000, and they are solely responsible for any penalties associated with non-performance of implementation or maintenance activities required for compliance. Provide the Contractor Certification of Compliance to the Engineer prior to performing earthwork operations. 2. Materials. Furnish materials in accordance with the following: • Item 161, "Compost" • Item 432, "Riprap" • Item 556, "Pipe Underdrains" A. Rock Filter Dams. 1. Aggregate. Furnish aggregate with hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding acceptable to the Engineer. Provide the following: • Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate. • Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate. 2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require: • A double -twisted, hexagonal weave with a nominal mesh opening of 2-1/2 in. x 3-1/4 in.; • Minimum 0 0866 in. steel wire for netting; 1-16 1122 05-12 • Minimum 0.1063 in. steel wire for selvages and comers; and minimum 0.0866 in. for binding or tie wire. 3. Sandbag Material. Furnish sandbags meeting "Sandbags for Erosion Control," except that any gradation of aggregate may be used to fill the sandbags. B. Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432, "Riprap." C. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non -erodible material that confoliiis to the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters. D. Construction Exits. Provide materials that meet the details shown on the plans and this Section. 1. Rock Construction Exit. Provide crushed aggregate for long and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft, or flaky materials and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1 and 2- to 4-in. aggregate for Type 3. 2. Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-teiui construction exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. For short-term exits, provide plywood or pressed wafer board at least 1/2 in. thick. 3. Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed. E. Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use. F. Pipe. Provide pipe outlet material in accordance with Item 556, "Pipe Underdrains," and details shown on the plans. G. Construction Perimeter Fence. 1. Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in. or use 2 x 4 boards. Furnish 2-16 1122 05-12 hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.3 lb. per foot. 2. Fence. Provide orange construction fencing as approved by the Engineer. 3. Fence Wire. Provide 12-1/2 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire. 4. Flagging. Provide brightly -colored flagging that is fade -resistant and at least 3/4 in. wide to provide maximum visibility both day and night. 5. Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long. 6. Used Materials. Previously used materials meeting the applicable requirements may be used if accepted by the Engineer. H. Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst -strength exceeding 300 psi, and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled sandbags must be 24 to 30 in. long, 16 to 18 in. wide, and 6 to 8 in. thick. Table 1 Sand Gradation Sieve # Retained (% by Weight) 4 MAXIMUM 3% 100 MINIMUM 80% 200 MINIMUM 95% Aggregate may be used in lieu of sand for situations where sandbags are not adjacent to traffic. The aggregate size shall not exceed 3/8 in. I. Temporary Sediment Control Fence. Provide a net -reinforced fence using woven geo- textile fabric. Logos visible to the traveling public will not be allowed. 1. Fabric. Provide fabric materials in accordance with DMS-6230, "Temporary Sediment Control Fence Fabric." 2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Soft wood posts must be at least 3 in. in diameter or nominal 2 x 4in. Hardwood posts must have a minimum cross-section of 1-1/2 x 1-1/2 in. T- or L-shaped steel posts must have a minimum weight of 1.3 lb. per foot. 3. Net Reinforcement. Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh, with a maximum opening size of 2 x 4 in., at least 24 in. wide, unless otherwise shown on the plans. 3-16 1122 05-12 4. Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long. 5. Used Materials. Use recycled material meeting the applicable requirements if accepted by the Engineer. J. Biodegradable Erosion Control Logs. 1. Core Material. Furnish core material that is biodegradable or recyclable. Except where specifically called out in plans, material may be compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material. No more than 5% of the material is permitted to escape from the containment mesh. Furnish compost meeting the requirements of Item 161, "Compost." 2. Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable or recyclable such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material. a. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. b. Furnish recyclable containment mesh for temporary installations. 3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not defouun. 3. Qualifications, Training, and Employee Requirements. A. Contractor Responsible Person Environmental (CRPe) Qualifications and Responsibilities. Provide and designate in writing at the preconstruction conference a CRPe who has overall responsibility for the stonn water management program. The CRPe will identify and implement storm water and erosion control practices; will oversee and observe storm water control measure monitoring and management; will monitor the project site daily to ensure compliance with the SWP3 and TPDES General Permit TXR150000; and will document daily monitoring reports and provide the reports to the Department within 48 hours. The CRPe will provide recommendations to the Engineer on how to improve the effectiveness of control measures. Attend the Department's preconstruction conference for the project. Administer the training identified in Article 3.C. Training. Document and submit a list to the Engineer of employees who have completed the training. B. Contractor Superintendent Qualifications and Responsibilities. Provide a superintendent that is competent and has experience with and knowledge of storm water management and is knowledgeable of the requirements and the conditions of the TPDES General Permit TXR150000. The superintendent is responsible for managing and overseeing the day to day operations and activities at the project site; working with the CRPe to provide effective stoini water management at the project site; representing and acting on -behalf of the contractor; and attending the Department's preconstruction conference for the project. 4-16 1122 05-12 C. Training. All Contractor and subcontractor employee's directly involved in the earthwork activities, small or large structures, stoiiii water control measures, and seeding activities are required to complete the training identified by the Department prior to working in the right of way. Training may take place at a location at the discretion of the Contractor. 4. Construction. A. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed by the Engineer. Coordinate storm water management with all other work on the project. Develop and implement an SWP3 for project -specific material supply plants within and outside of the Department's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. B. Implementation. The CRPe, or an alternate, must be accessible by phone and able to respond to storm water management emergencies 24 hours per day. 1. Commencement. Implement the SWP3 as shown and as directed. Contractor proposed recommendations for changes will be allowed as approved. Conform to the established guidelines in the TPDES General Permit TXR150000 to make changes. Do not implement changes until approval has been received and changes have been incorporated into the plans by the Engineer. Minor adjustments to meet field conditions are allowed and will be recorded by the Engineer in the SWP3. 2. Phasing. Implement control measures prior to the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, continuous water pollution prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract. Exercise precaution throughout the life of the project to prevent pollution of ground waters and surface waters. Schedule and perform clearing and grubbing operations so that stabilization measures will follow immediately thereafter if project conditions permit. Bring all grading sections to final grade as soon as possible and implement temporary and peinianent control measures at the earliest time possible. Implement temporary control measures when required by the TPDES General Peiniit TXR150000 or otherwise necessitated by project conditions. Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections. C. General. 1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day. 5-16 1122 05-12 2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site has temporarily or permanently ceased. Establish a uniform vegetative cover or utilize another stabilization practice in accordance with the TPDES General Permit TXR150000. 3. Finished Work. Upon the Engineer's acceptance of vegetative cover or other stabilization practice, remove and dispose of all temporary control measures unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. A project will not be considered for acceptance until a vegetative cover of 70% density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained in accordance with the TPDES General Permit TXR150000. An exception will be allowed in arid areas as defined in the TPDES General Permit TXR150000. 4. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on site in a manner as to prevent actual or potential water pollution. Manage, control, and dispose of litter on site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impaiiment of a listed water body, or other state or federal law. D. Installation, Maintenance, and Removal Work. Perfoiui work in accordance with the SWP3, according to manufacturers' guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until earthwork construction and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Engineer. The Department will inspect and document the condition of the control measures at the frequency shown on the plans and will provide the Construction SW3P Field Inspection and Maintenance Reports to the Contractor. Make corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the work site for each control measure. The only acceptable reason for not accomplishing the corrections with the time frame specified is when site conditions are "Too Wet to Work". If a correction is deemed critical by the Engineer, immediate action is required. When corrections are not made within the established time frame, all work will cease on the project and time charges will continue while the control measures are brought into compliance. Once the Engineer reviews and documents the project is in compliance, work may commence. Commencing work does not release the contractor of the liability for noncompliance of the SWP3, plans, or TPDES General Permit TXR150000. 6-16 1122 05-12 The Engineer may limit the disturbed area if in the opinion of the Engineer the Contractor cannot control soil erosion and sedimentation resulting from the Contractor's operations. Implement additional controls as directed. Remove devices upon approval or as directed. Upon removal, finish -grade and dress the area. Stabilize disturbed areas in accordance with the peiniit, and as shown on the plans or directed. The Contractor retains ownership of stockpiled material and must remove it from the project when new installations or replacements are no longer required. 1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor's option. For Types 1, 2, 3, and 5, place the aggregate to the lines, height, and slopes specified, without undue voids. For Types 2 and 3, place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria, unless otherwise shown on the plans: a. Type 1 (Non -reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2:1. b. Type 2 (Reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2:1. c. Type 3 (Reinforced). (1) Height. At least 36 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2:1. d. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. For vertical filling, connect the sides by lacing in a single loop —double loop pattern on 4- 7-16 1122 05-12 to 5-in. spacing. At one end, pull the end lacing rod until tight, wrap around the end, and twist 4 times. At the filling end, fill with stone, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times. For horizontal filling, place sack flat in a filling trough, fill with stone, and connect sides and secure ends as described above. Lift and place without damaging the gabion. Shape sack gabions to existing contours. e. Type 5. Provide rock filter dams as shown on the plans. 2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand -tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Font' the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, "Riprap," when designated on the plans. 3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans, unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 4. Construction Exits. When tracking conditions exist, prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits. Construct exits for either long or short-term use. a. Long -Term. Place the exit over a foundation course, if necessary. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. (1) Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. (2) Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. 8-16 1122 05-12 b. Short -Term. (1) Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. (2) Type 4. Construct as shown on the plans or as directed. 5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. a. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Where required, create a sediment basin providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. b. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. a. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft. b. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. c. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 7. Sandbags for Erosion Control. Construct a bend or dam of sandbags that will intercept sediment -laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 8. Temporary Sediment -Control Fence. Provide temporary sediment -control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. 9-16 1122 05-12 Incorporate the fence into erosion -control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed. a. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the run-off source. b. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a minimum trench cross-section of 6 x 6 in. Place the fabric against the side of the trench and align approximately 2 in of fabric along the bottom in the upstream direction. Backfill the trench, then hand -tamp. c. Fabric and Net Reinforcement Attachment. Unless otherwise shown under the plans, attach the reinforcement to wooden posts with staples, or to steel posts with T- clips, in at least 4 places equally spaced. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less. d. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced, unless otherwise shown under the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment -control fence include the following: • fabric with minimal or no visible signs of biodegradation (weak fibers), • fabric without excessive patching (more than 1 patch every 15 to 20 ft.), • posts without bends, and • backing without holes. 9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align and locate the biodegradable erosion control logs as specified below, as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of nolilial rain events, prevent damage to the logs, and to the satisfaction of the Engineer such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 inches in length by 2 to 4 inches in width by 1/2 to 2 inches in depth. Do not exceed 12 inches between track impressions. Install 10-16 1122 05-12 continuous linear track impressions where the 12 inch length impressions are perpendicular to the slope. E. Monitoring and Documentation. Monitor the control measures on a daily basis. Monitoring will consist of, but is not limited to, observing, inspecting, and documenting site locations with control measures and discharge points to provide maintenance and inspection of controls as described in the SWP3. Keep written records of daily monitoring. Document in the daily monitoring report the control measure condition, the date of inspection, required corrective actions, responsible person for making the corrections, and the date corrective actions were completed. Maintain records of all monitoring reports at the project site or at a place approved by the Engineer. Provide copies to the Engineer. Together, the CRPe and a Engineer's representative will complete the Construction Stage Gate Checklist on a periodic basis as determined by the Engineer. 5. Measurement. A. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used. 1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam. 2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas. a. Installation. Measurement will be made in final position. b. Removal. Measurement will be made at the point of removal. B. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot. C. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. D. Construction Exits. Construction exits will be measured by the square yard of surface area. E. Earthwork for Erosion and Sediment Control. 1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 2. Volume Measurement. a. In Place. 11-16 1122 05-12 (1) Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. (2) Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines, grades and slopes of the accepted embankment for the feature. b. In Vehicles. Excavation and embankment quantities will be combined and paid for under "Earthwork (Erosion and Sediment Control, In Vehicle)." Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities. F. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot. G. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. H. Temporary Sediment -Control Fence. Temporary sediment -control fence will be measured by the foot. I. Biodegradable Erosion Control Logs. Biodegradable erosion control logs will be measured by the linear foot along the centerline of the top of the control logs. J. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 6. Payment. The following will not be paid for directly but are subsidiary to pertinent Items: • erosion -control measures for Contractor project -specific locations (PSLs) inside and outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, plants, and material sources); • removal of litter; unless a separate pay item is shown in the plans. • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install peiivanent 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. 12-16 1122 05-12 Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. A. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Rock Filter Dams (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. When the Engineer directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for "Rock Filter Dams (Remove)" and for "Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. B. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Pipe Slope Drains" of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for "Temporary Pipe Slope Drains" of the size specified, which is full compensation for the removal and reinstallation of the pipe drain. 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." C. Temporary Paved Flumes. The work perfornued and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Paved Flume (Install)" or "Temporary Paved Flume (Remove)." This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the Engineer directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for "Temporary Paved Flume (Remove)" and 13-16 1122 05-12 "Temporary Paved Flume (Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals. Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under "Earthwork for Erosion and Sediment Control." D. Construction Exits. Contractor -required construction exits from off right of way locations or on -right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" for construction exits needed on right of way access to work areas required by the Department will be paid for at the unit price bid for "Construction Exits (Install)" of the type specified or "Construction Exits (Remove)." This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals. When the Engineer directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for "Construction Exit (Remove)" and "Construction Exit (Install)" of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals. Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under "Earthwork for Erosion and Sediment Control." E. Earthwork for Erosion and Sediment Control. 1. Initial Earthwork for Erosion and Sediment Control. The work perfouiied and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Excavation (Erosion and Sediment Control, In Place)", `Embankment (Erosion and Sediment Control, In Place)", "Excavation (Erosion and Sediment Control, In Vehicle)", "Embankment (Erosion and Sediment Control, In Vehicle)", or "Earthwork (Erosion and Sediment Control, In Vehicle)". This price is full compensation for excavation and embankment including hauling, disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion -control features; equipment, labor; tools, and incidentals. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and/or Restoring Control Measures. The work perfoiiiied and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for by a Contractor Force Account Item. 14-16 1122 05-12 This price is full compensation for excavation, embankment, and re -grading including removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion -control features; embankments including furnishing material from approved sources and construction of erosion -control features; and equipment, labor; tools, and incidentals. Earthwork needed to remove and obliterate of erosion -control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. F. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Construction Perimeter Fence." This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for "Construction Perimeter Fence," which is full compensation for the removal and reinstallation of the construction perimeter fence. G. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for "Sandbags for Erosion Control" (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for "Sandbags for Erosion Control," which is full compensation for the reinstallation of the sandbags. H. Temporary Sediment -Control Fence. The work perfoitued and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Temporary Sediment -Control Fence (Install)" of the type specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Temporary Sediment -Control Fence (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 15-16 1122 05-12 I. Biodegradable Erosion Control Logs. The work perfoiiued and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Biodegradable Erosion Control Logs (Install)" of the size specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Biodegradable Erosion Control Logs (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. J. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 16-16 1122 05-12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Fomi FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all 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. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 1 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractors compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: 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 should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the • contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs 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 wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers perfomiing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or 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 may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 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 for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 5 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the 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 District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the 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 Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert 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 subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization 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 designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting 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. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such 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 contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his p r o v i s i o n is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his p r o v i s i o n is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 8 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "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 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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 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, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eols.00v/), which is compiled by the General Services Administration. 9 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a 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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 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, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eols.aov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (lc) 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. lf, 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. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 12 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 6 011100-1 SUMMARY OF WORK Page 1 of 3 SECTION 01 11 00 SUMMARY OF WORK A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to" 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CS7.' 0902 48 558 CITY PROJECT NO. 01834 01 11 00 - 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 associated with easements, including removal, 40 temporary closures and replacement, shall be subsidiary to the various items bid 41 in the project proposal, unless a bid item is specifically provided in the 42 proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 011100-3 SUMMARY OF WORK 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 Page 3 of 3 HANDLEY URBAN VILLAGE CSL• 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0125 00 SUBSTITUTION PROCEDURES 012500-1 SUBSTITUTION PROCEDURES Page 1 of 4 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 Founts and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider fouual requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ:• 0902 48 558 CITY PROJECT NO. 01834 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. 47 4. No additional contract time will be given for substitution. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 5. Substitution will be rejected if: 2 a. Submittal is not through the Contractor with his stamp of approval 3 b. Request is not made in accordance with this Specification Section 4 c. In the City's opinion, acceptance will require substantial revision of the original 5 design 6 d. In the City's opinion, substitution will not perfoiin adequately the function 7 consistent with the design intent 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. In making request for substitution or in using an approved product, the Contractor 13 represents that the Contractor: 14 1. Has investigated proposed product, and has determined that it is adequate or 15 superior in all respects to that specified, and that it will perform function for which 16 it is intended 17 2. Will provide same guarantee for substitute item as for product specified 18 3. Will coordinate installation of accepted substitution into Work, to include building 19 modifications if necessary, making such changes as may be required for Work to be 20 complete in all respects 21 4. Waives all claims for additional costs related to substitution which subsequently 22 arise 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better (explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature Recommended Recommended 38 as noted 39 40 Firm Not recommended Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0131 19 PRECONSTRUCTION MEETING 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request 39 e. Other City representatives CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 f. Others as appropriate 2 4. Construction Schedule 3 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 4 provide at Preconstruction Meeting. 5 b. City will notify Contractor of any schedule changes upon Notice of 6 Preconstruction Meeting. 7 5. Preliminary Agenda may include: 8 a. Introduction of Project Personnel 9 b. General Description of Project 10 c. Status of right-of-way, utility clearances, easements or other pertinent permits 11 d. Contractor's work plan and schedule 12 e. Contract Time 13 f. Notice to Proceed 14 g. Construction Staking 15 h. Progress Payments 16 i. Extra Work and Change Order Procedures 17 j. Field Orders 18 k. Disposal Site Letter for Waste Material 19 1. Insurance Renewals 20 m. Payroll Certification 21 n. Material Certifications and Quality Control Testing 22 o. Public Safety and Convenience 23 P. Documentation of Pre -Construction Conditions 24 q. Weekend Work Notification 25 r. Legal Holidays 26 s. Trench Safety Plans 27 t. Confined Space Entry Standards 28 u. Coordination with the City's representative for operations of existing water 29 systems 30 v. Storm Water Pollution Prevention Plan 31 w. Coordination with other Contractors 32 x. Early Warning System 33 y. Contractor Evaluation 34 z. Special Conditions applicable to the project 35 aa. Damages Claims 36 bb. Submittal Procedures 37 cc. Substitution Procedures 38 dd. Correspondence Routing 39 ee. Record Drawings 40 ff. Temporary construction facilities 41 gg. M/WBE procedures 42 hh. Final Acceptance 43 ii. Final Payment 44 jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.: 0902 48 558 CITY PROJECT NO. 01834 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL• 0902 48 558 CITY PROJECT NO. 01834 013120-1 PROJECT MEETINGS 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 01 31 20 PROJECT MEETINGS Page 1 of 3 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1— General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre -Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL- 0902 48 558 CITY PROJECT NO. 01834 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre -construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations, problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off -site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 01 31 20 -3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 22 23 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 01 32 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 - No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 - No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4 - Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.: 0902 48 558 CITY PROJECT NO. 01834 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost -loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) 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. 47 c. Acknowledge and agree that actual delays, affecting paths of activities 48 containing float time, will not have any effect upon contract completion times, 49 providing that the actual delay does not exceed the float time associated with 50 those activities. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL' 0902 48 558 CITY PROJECT NO. 01834 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 E. Coordinating Schedule with Other Contract Schedules 2 1. Where work is to be performed under this Contract concurrently with or contingent 3 upon work perfoi need on the same facilities or area under other contracts, the 4 Baseline Schedule shall be coordinated with the schedules of the other contracts. 5 a. Obtain the schedules of the other appropriate contracts from the City for the 6 preparation and updating of Baseline schedule and make the required changes 7 in his schedule when indicated by changes in corresponding schedules. 8 2. In case of interference between the operations of different contractors, the City will 9 determine the work priority of each contractor and the sequence of work necessary 10 to expedite the completion of the entire Project. 11 a. In such cases, the decision of the City shall be accepted as final. 12 b. The temporary delay of any work due to such circumstances shall not be 13 considered as justification for claims for additional compensation. 14 1.5 SUBMITTALS 15 A. Baseline Schedule 16 1. Submit Schedule in native file format and pdf fouuat as required in the City of Fort 17 Worth Schedule Guidance Document. 18 a. Native file format includes: 19 1) Primavera (P6 or Primavera Contractor) 20 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 21 bring in hard copy to the meeting for review and discussion. 22 B. Progress Schedule 23 1. Submit progress Schedule in native file format and pdf format as required in the 24 City of Fort Worth Schedule Guidance Document. 25 2. Submit progress Schedule monthly no later than the last day of the month. 26 C. Schedule Narrative 27 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 28 Schedule Guidance Document. 29 2. Submit schedule narrative monthly no later than the last day of the month. 30 D. Submittal Process 31 1. The City administers and manages schedules through Buzzsaw. 32 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 33 Guidance Document. 34 3. Once the project has been completed and Final Acceptance has been issued by the 35 City, no further progress schedules are required. 36 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 37 1.7 CLOSEOUT SUBMITTALS [NOT USED] 38 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 39 1.9 QUALITY ASSURANCE 40 A. The person preparing and revising the construction Progress Schedule shall be 41 experienced in the preparation of schedules of similar complexity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 01 32 16 -5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 B. Schedule and supporting documents addressed in this Specification shall be prepared, 2 updated and revised to accurately reflect the performance of the construction. 3 C. Contractor is responsible for the quality of all submittals in this section meeting the 4 standard of care for the construction industry for similar projects. 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CST: 0902 48 558 CITY PROJECT NO. 01834 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CST: 0902 48 558 CITY PROJECT NO. 01834 01 32 33 - 2 PRECONSTRUCTION VIDEO 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 Page 2 of 2 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL SECTION 0133 00 SUBMITTALS 013300-1 SUBMITTALS Page 1 of 8 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Foims 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL• 0902 48 558 CITY PROJECT NO. 01834 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Foiuiat 37 1. Fold shop drawings larger than 8 %2 inches x 11 inches to 8 %2 inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions 47 2. The Project title and number CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 013300-3 SUBMITTALS Page 3 of 8 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom -prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 2. Details 28 a. Relation of the various parts to the main members and lines of the structure 29 b. Where correct fabrication of the Work depends upon field measurements 30 1) Provide such measurements and note on the drawings prior to submitting 31 for approval. 32 G. Product Data 33 1. For submittals of product data for products included on the City's Standard Product 34 List, clearly identify each item selected for use on the Project. 35 2. For submittals of product data for products not included on the City's Standard 36 Product List, submittal data may include, but is not necessarily limited to: 37 a. Standard prepared data for manufactured products (sometimes referred to as 38 catalog data) 39 1) Such as the manufacturer's product specification and installation 40 instructions 41 2) Availability of colors and patterns 42 3) Manufacturer's printed statements of compliances and applicability 43 4) Roughing -in diagrams and templates 44 5) Catalog cuts 45 6) Product photographs 46 7) Standard wiring diagrams 47 8) Printed performance curves and operational -range diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 9) Production or quality control inspection and test reports and certifications 2 10) Mill reports 3 11) Product operating and maintenance instructions and recommended 4 spare -parts listing and printed product warranties 5 12) As applicable to the Work 6 H. Samples 7 1. As specified in individual Sections, include, but are not necessarily limited to: 8 a. Physical examples of the Work such as: 9 1) Sections of manufactured or fabricated Work 10 2) Small cuts or containers of materials 11 3) Complete units of repetitively used products color/texture/pattern swatches 12 and range sets 13 4) Specimens for coordination of visual effect 14 5) Graphic symbols and units of Work to be used by the City for independent 15 inspection and testing, as applicable to the Work 16 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 17 be fabricated or installed prior to the approval or qualified approval of such item. 18 1. Fabrication performed, materials purchased or on -site construction accomplished 19 which does not conform to approved shop drawings and data is at the Contractor's 20 risk. 21 2. The City will not be liable for any expense or delay due to corrections or remedies 22 required to accomplish conformity. 23 3. Complete project Work, materials, fabrication, and installations in conformance 24 with approved shop drawings, applicable samples, and product data. 25 J. Submittal Distribution 26 1. Electronic Distribution 27 a. Confirm development of Project directory for electronic submittals to be 28 uploaded to City's Buzzsaw site, or another external FTP site approved by the 29 City. 30 b. Shop Drawings 31 1) Upload submittal to designated project directory and notify appropriate 32 City representatives via email of submittal posting. 33 2) Hard Copies 34 a) 3 copies for all submittals 35 b) If Contractor requires more than 1 hard copy of Shop Drawings 36 returned, Contractor shall submit more than the number of copies listed 37 above. 38 c. Product Data 39 1) Upload submittal to designated project directory and notify appropriate 40 City representatives via email of submittal posting. 41 2) Hard Copies 42 a) 3 copies for all submittals 43 d. Samples 44 1) Distributed to the Project Representative 45 2. Hard Copy Distribution (if required in lieu of electronic distribution) 46 a. Shop Drawings 47 1) Distributed to the City 48 2) Copies CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 013300-5 SUBMITTALS Page 5 of 8 1 a) 8 copies for mechanical submittals 2 b) 7 copies for all other submittals 3 c) If Contractor requires more than 3 copies of Shop Drawings returned, 4 Contractor shall submit more than the number of copies listed above. 5 b. Product Data 6 1) Distributed to the City 7 2) Copies 8 a) 4 copies 9 c. Samples 10 1) Distributed to the Project Representative 11 2) Copies 12 a) Submit the number stated in the respective Specification Sections. 13 3. Distribute reproductions of approved shop drawings and copies of approved 14 product data and samples, where required, to the job site file and elsewhere as 15 directed by the City. 16 a. Provide number of copies as directed by the City but not exceeding the number 17 previously specified. 18 K. Submittal Review 19 1. The review of shop drawings, data and samples will be for general conformance 20 with the design concept and Contract Documents. This is not to be construed as: 21 a. Permitting any departure from the Contract requirements 22 b. Relieving the Contractor of responsibility for any errors, including details, 23 dimensions, and materials 24 c. Approving departures from details furnished by the City, except as otherwise 25 provided herein 26 2. The review and approval of shop drawings, samples or product data by the City 27 does not relieve the Contractor from his/her responsibility with regard to the 28 fulfillment of the terms of the Contract. 29 a. All risks of error and omission are assumed by the Contractor, and the City will 30 have no responsibility therefore. 31 3. The Contractor remains responsible for details and accuracy, for coordinating the 32 Work with all other associated work and trades, for selecting fabrication processes, 33 for techniques of assembly and for performing Work in a safe manner 34 4. If the shop drawings, data or samples as submitted describe variations and show a 35 departure from the Contract requirements which City fmds to be in the interest of 36 the City and to be so minor as not to involve a change in Contract Price or time for 37 performance, the City may return the reviewed drawings without noting an 38 exception. 39 5. Submittals will be returned to the Contractor under 1 of the following codes: 40 a. Code 1 41 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 42 comments on the submittal. 43 a) When returned under this code the Contractor may release the 44 equipment and/or material for manufacture. 45 b. Code 2 46 1) 'EXCEPTIONS NOTED". This code is assigned when a confirmation of 47 the notations and comments IS NOT required by the Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 01 33 00 - 6 SUBMITTALS Page 6 of 8 1 a) The Contractor may release the equipment or material for manufacture; 2 however, all notations and comments must be incorporated into the 3 final product. 4 c. Code 3 5 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 6 assigned when notations and comments are extensive enough to require a 7 resubmittal of the package. 8 a) The Contractor may release the equipment or material for manufacture; 9 however, all notations and comments must be incorporated into the 10 final product. 11 b) This resubmittal is to address all comments, omissions and 12 non -conforming items that were noted. 13 c) Resubmittal is to be received by the City within 15 calendar days of the 14 date of the City's transmittal requiring the resubmittal. 15 d. Code 4 16 1) "NOT APPROVED" is assigned when the submittal does not meet the 17 intent of the Contract Documents. 18 a) The Contractor must resubmit the entire package revised to bring the 19 submittal into conformance. 20 b) It may be necessary to resubmit using a different manufacturer/vendor 21 to meet the Contract Documents. 22 6. Resubmittals 23 a. Handled in the same manner as first submittals 24 1) Corrections other than requested by the City 25 2) Marked with revision triangle or other similar method 26 a) At Contractor's risk if not marked 27 b. Submittals for each item will be reviewed no more than twice at the City's 28 expense. 29 1) All subsequent reviews will be performed at times convenient to the City 30 and at the Contractor's expense, based on the City's or City 31 Representative's then prevailing rates. 32 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 33 all such fees invoiced by the City. 34 c. The need for more than 1 resubmission or any other delay in obtaining City's 35 review of submittals, will not entitle the Contractor to an extension of Contract 36 Time. 37 7. Partial Submittals 38 a. City reserves the right to not review submittals deemed partial, at the City's 39 discretion. 40 b. Submittals deemed by the City to be not complete will be returned to the 41 Contractor, and will be considered "Not Approved" until resubmitted. 42 c. The City may at its option provide a list or mark the submittal directing the 43 Contractor to the areas that are incomplete. 44 8. If the Contractor considers any correction indicated on the shop drawings to 45 constitute a change to the Contract Documents, then written notice must be 46 provided thereof to the City at least 7 Working Days prior to release for 47 manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CV: 0902 48 558 CITY PROJECT NO. 01834 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 013300-8 SUBMITTALS Page 8 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 01 35 13 SPECIAL PROJECT PROCEDURES 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 5 A. Section Includes: 6 1 The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Public Notification of Temporary Water Service Interruption during 15 Construction 16 i. Coordination with United States Army Corps of Engineers 17 j. Coordination within Railroad permits areas 18 k. Dust Control 19 1. Employee Parking 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1— General Requirements 25 3. Section 33 12 25 — Connection to Existing Water Mains 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site . 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 25 Specification 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Coordination with the Texas Department of Transportation 28 1. When work in the right-of-way which is under the jurisdiction of the Texas 29 Department of Transportation (TxDOT): 30 a. Notify the Texas Department of Transportation prior to commencing any work 31 therein in accordance with the provisions of the permit 32 b. All work perfoinied in the TxDOT right-of-way shall be performed in 33 compliance with and subject to approval from the Texas Department of 34 Transportation 35 B. Work near High Voltage Lines 36 1. Warning sign 37 a. Provide sign of sufficient size meeting all OSHA requirements. 38 2. Equipment operating within 10 feet of high voltage lines will require the following 39 safety features 40 a. Insulating cage -type of guard about the boom or arm 41 b. Insulator links on the lift hook connections for back hoes or dippers 42 c. Equipment must meet the safety requirements as set forth by OSHA and the 43 safety requirements of the owner of the high voltage lines 44 3. Work within 6 feet of high voltage electric lines 45 a. Notification shall be given to: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CS : 0902 48 558 CITY PROJECT NO. 01834 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 1) The power company (example: ONCOR) 2 a) Maintain an accurate log of all such calls to power company and record 3 action taken in each case. 4 b. Coordination with power company 5 1) After notification coordinate with the power company to: 6 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 7 lower the lines 8 c. No personnel may work within 6 feet of a high voltage line before the above 9 requirements have been met. 10 C. Confined Space Entry Program 11 1. Provide and follow approved Confined Space Entry Program in accordance with 12 OSHA requirements. 13 2. Confined Spaces include: 14 a. Manholes 15 b. All other confined spaces in accordance with OSHA's Permit Required for 16 Confined Spaces 17 D. Air Pollution Watch Days 18 1. General 19 a. Observe the following guidelines relating to working on City construction sites 20 on days designated as "AIR POLLUTION WATCH DAYS". 21 b. Typical Ozone Season 22 1) May 1 through October 31. 23 c. Critical Emission Time 24 1) 6:00 a.m. to 10:00 a.m. 25 2. Watch Days 26 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 27 with the National Weather Service, will issue the Air Pollution Watch by 3:00 28 p.m. on the afternoon prior to the WATCH day. 29 b. Requirements 30 1) Begin work after 10:00 a.m. whenever construction phasing requires the 31 use of motorized equipment for periods in excess of 1 hour. 32 2) However, the Contractor may begin work prior to 10:00 a.m. if: 33 a) Use of motorized equipment is less than 1 hour, or 34 b) If equipment is new and certified by EPA as "Low Emitting", or 35 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 36 alternative fuels such as CNG. 37 E. Use of Explosives, Drop Weight, Etc. 38 1. When Contract Documents permit on the project the following will apply: 39 a. Public Notification 40 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 41 prior to commencing. 42 2) Minimum 24 hour public notification in accordance with Section 01 31 13 43 F. Water Department Coordination 44 1. During the construction of this project, it will be necessary to deactivate, for a 45 period of time, existing lines. The Contractor shall be required to coordinate with 46 the Water Depai liuent to determine the best times for deactivating and activating 47 those lines. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 /8 558 CITY PROJECT NO. 01834 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Depai lnient for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 G. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 H. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number 49 3) Date of the interruption of service CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CST: 0902 48 558 CITY PROJECT NO. 01834 01 35 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 4) Period the interruption will take place 2 5) Name of the contractor's foreman and phone number 3 6) Name of the City's inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 I. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 pet suit. 16 J. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the penult guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad's 30 requirements. 31 3. Railroad Flagmen 32 a. Submit receipts to City for verification of working days that railroad flagmen 33 were personnel were present on Site. 34 K. Dust Control 35 1. Use acceptable measures to control dust at the Site. 36 a. If water is used to control dust, capture and properly dispose of waste water. 37 b. If wet saw cutting is performed, capture and properly dispose of slurry. 38 L. Employee Parking 39 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE July 2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 35 13 - 7 SPECIAL PROJECT PROCEDURES 1 EXFIIBIT A 2 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 (To be printed on Contractor's Letterhead) Page 7 of 8 36 37 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 013513-8 SPECIAL PROJECT PROCEDURES 1 Dose: EXHIBIT B EQ4OR11 DOE HO. XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 CONTRACTOR Page 8 of 8 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 014523-1 TESTING AND INSPECTION SERVICES 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0145 23 TESTING AND INSPECTION SERVICES Page 1 of 2 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for perfoiining and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. 39 2) Upload test reports to designated project directory and notify appropriate 40 City representatives via email of submittal posting. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL 0902 48 558 CITY PROJECT NO. 01834 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 3) Hard Copies 2 a) 1 copy for all submittals submitted to the Project Representative 3 b. Hard Copy Distribution (if required in lieu of electronic distribution) 4 1) Tests performed by City 5 a) Distribute 1 hard copy to the Contractor 6 2) Tests performed by the Contractor 7 a) Distribute 3 hard copies to City's Project Representative 8 4. Provide City's Project Representative with trip tickets for each delivered load of 9 Concrete or Lime material including the following information: 10 a. Name of pit 11 b. Date of delivery 12 c. Material delivered 13 B. Inspection 14 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 15 perform work in accordance with the Contract Documents. 16 1.5 SUBMITTALS [NOT USED] 17 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 18 1.7 CLOSEOUT SUBMITTALS [NOT USED] 19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 22 1.11 FIELD [SITE] CONDITIONS [NOT USED] 23 1.12 WARRANTY [NOT USED] 24 PART 2 - PRODUCTS [NOT USED] 25 PART 3 - EXECUTION [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD [oil] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL 0902 48 558 CITY PROJECT NO. 01834 1 2 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Peiiuit 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL' 0902 48 558 CITY PROJECT NO. 01834 01 55 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. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CV: 0902 48 558 CITY PROJECT NO. 01834 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 01 5713 STORM WATER POLLUTION PREVENTION 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 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Stoiui Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC A. 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 01 57 13 -2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI fouii and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 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 48 B. Modified SWPPP CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 015813-1 TEMPORARY PROJECT SIGNAGE 1 2 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE Page 1 of 3 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CV: 0902 48 558 CITY PROJECT NO. 01834 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 58 13 -3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 SECTION 01 60 00 PRODUCT REQUIREMENTS 016000-1 PRODUCT REQUIREMENTS Page 1 of2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. A listing of the approved products for use in the City 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 attached to this Section. 16 B. Only products specifically included on City's Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City's Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City's Standard Product List. 24 D. Although a specific product is included on City's Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer's standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 48 558 CITY PROJECT NO. 01834 01 60 00 - 2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 peuuitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CS : 0902 48 558 CITY PROJECT NO. 01834 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.: 0902 48 558 CITY PROJECT NO. 01834 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL SECTION 01 71 23 CONSTRUCTION STAKING 017123-1 CONSTRUCTION STAKING Page 1 of 3 4 1.1 SUMMARY 5 A. Section includes: 6 1. Requirements for construction staking. 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. Construction Stakes 19 1. Construction staking will be performed by the City. 20 2. Coordination 21 a. Contact City's Project Representative at least 2 weeks in advance for 22 scheduling of Construction Staking. 23 3. General 24 a. It is the Contractor's responsibility to coordinate staking such that construction 25 activities are not delayed or negatively impacted. 26 b. Contractor is responsible for preserving and maintaining stakes furnished by 27 City. 28 c. If in the opinion of the City, a sufficient number of stakes or markings have 29 been lost, destroyed or disturbed, by Contractor's neglect such that the 30 contracted Work cannot take place, then the Contractor will be required to pay 31 the City for new staking with a 25 percent markup. 32 1) The cost for staking will be deducted from the payment due to the 33 Contractor for the Project. 34 1.5 SUBMITTALS 35 A. Submittals, if required, shall be in accordance with Section 01 33 00. 36 1. All submittals shall be approved by the Engineer or the City prior to delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.: 0902 48 558 CITY PROJECT NO. 01834 017123-2 CONSTRUCTION STAKING Page 2 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 2 A. Certificates 3 1. Provide certificate certifying that elevations and locations of improvements are in 4 conformance or non-conformance with requirements of the Contract Documents. 5 a. Certificate must be sealed by a registered professional land surveyor in the 6 State of Texas. 7 B. Field Quality Control Submittals 8 1. Documentation verifying accuracy of field engineering work 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced 13 in the necessary crafts and who are completely familiar with the specified requirements 14 and the methods needed for proper performance of the Work. 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS [NOT USED] 19 PART 3 - EXECUTION 20 3.1 INSTALLERS [NOT USED] 21 3.2 EXANHNATION [NOT USED] 22 3.3 PREPARATION 23 A. Verify location and protect control points before commencing Work. 24 B. Notify City's Project Representative immediately of any discrepancies discovered. 25 3.4 APPLICATION [NOT USED] 26 3.5 REPAIR / RESTORATION [NOT USED] 27 3.6 RE -INSTALLATION [NOT USED] 28 3.7 FIELD [opt] SITE QUALITY CONTROL 29 A. Preserve permanent reference points during progress of the Work. 30 B. Do not change or relocate reference points without approval from the City. 31 C. Utilize recognized engineering survey practices. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CST: 0902 48 558 CITY PROJECT NO. 01834 017123-3 CONSTRUCTION STAKING Page 3 of 3 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 10 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI:• 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL SECTION 0174 23 CLEANING 017423-1 CLEANING Page 1 of 4 4 1.1 SUMIVIARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 18 558 CITY PROJECT NO. 01834 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 stoical 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 017423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. 43 4. If no longer required for maintenance of erosion facilities, and upon approval by 44 City, remove erosion control from site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSL 0902 48 558 CITY PROJECT NO. 01834 1 5. Clean signs, lights, signals, etc. 2 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 01 74 23 - 4 CLEANING Page 4 of 4 HANDLEY URBAN VILLAGE CST: 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL SECTION 01 77 19 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 01 77 19 -2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 77 19 -3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE -INSTALLATION [NOT USED] 19 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 Submittal Procedures. All 28 submittals shall be 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 1/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 78 39 - 1 PROJECT RECORD DOCUMENTS 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 01 78 39 PROJECT RECORD DOCUMENTS Page 1 of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on infoiuiation obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Ca11 attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. 48 c. Call attention to each entry by drawing a "cloud" around the area or areas 49 affected. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 d. Make changes neatly, consistently and with the proper media to assure 2 longevity and clear reproduction. 3 2. Transfer of data to other Documents 4 a. If the Documents, other than Drawings, have been kept clean during progress of 5 the Work, and if entries thereon have been orderly to the approval of the City, 6 the job set of those Documents, other than Drawings, will be accepted as final 7 Record Documents. 8 b. If any such Document is not so approved by the City, secure a new copy of that 9 Document from the City at the City's usual charge for reproduction and 10 handling, and carefully transfer the change data to the new copy to the approval 11 of the City. 12 3.5 REPAIR / RESTORATION [NOT USED] 13 3.6 RE -INSTALLATION [NOT USED] 14 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 24 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 48 558 CITY PROJECT NO. 01834 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 12 93 00 SITE FURNISHINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of the site furnishings. B. Conform to the requirements of the general conditions of the contract. 1.2 SUMMARY A. Work included: 1. Furnish and install exterior planter pots. 2. Warranty and replacements. B. Alternates: Refer to "Alternates" for description of Work in this Section affected by alternates. 1.3 SUBMITTALS: Furnish copies of manufacturer's literature, certifications, or shop drawings for the items included in this Section. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Labeling: Furnish all materials in manufacturer's unopened, original containers, bearing original labels showing quantity, description and name of manufacturer. B. Delivery: Deliver and unload at the site on pallets and bound in such a manner that no damage occurs to the product. C. Storage: Store products in a manner which will preclude all damages. Damaged materials will be rejected. Remove all damaged materials from the job site immediately, and replace at no cost to the Owner. D. Handling: Furnish suitable equipment to locate all site furnishing materials carefully and efficiently. Lift materials using lifting inserts provided by the manufacturer where applicable. PART 2 - MATERIALS 2.1 FURNISHINGS A. PLANTER POT — Village Collection, VCR-481818, GFRC (glass -fiber reinforced concrete), Rectangular, 48" I x 18.5" w x 18" h, color: Sandbox, finish: Acid -Etch, with CWI Classic (CWC) Container Irrigation Inserts, as manufactured by Tournesol Siteworks, 30955 San Antonio St., Hayward, CA 94544, (1-800-542-2282) or contact local sales representative Byron Beall with Ewing, Dallas (214-902-9530) or equivalent as determined by the Owner's Representative. 129300-1 SITE FURNISHINGS PART 3 - EXECUTION 3.1 GENERAL A. Install where and as shown per plans and details. B. Planter pots to initially be filled with potable water for plant uptake. C. Shim and level equipment as required at approved locations. D. Guard against staining or damaging of existing pavements where site furnishings are to be installed. 3.2 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times. B. Clean up and remove all stains, packaging and debris from the entire work area. END OF SECTION 12 93 00 129300-2 260000-1 SEALS PAGE Freese and Nichols, Inc. Fort Worth, Texas Teresa Castillon Texas Registration Number 111323 ENGINEERING RESPONSBILITY Division 26 — Electrical 26 05 00 26 05 10 SECTION 26 00 00 SEALS PAGE Common Work Results for Electrical Demolition for Electrical Systems FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 HANDLEY URBAN VILLAGE CSJ: 0902 48 585 CITY PROJECT NO. 01834, DOE: 1 2 260510-1 DEMOLITION FOR ELECTRICAL SYSTEMS Page 1 of 5 SECTION 26 05 10 DEMOLITION FOR ELECTRICAL SYSTEMS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Furnish, install and test all equipment, wiring and appurtenances as may be required 7 to perform the electrical demolition shown on the Drawings and as specified herein. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Measurement 16 a. Measurement for this Item shall be by lump sum. 17 2. Payment 18 a. The work performed and the materials furnished in accordance with this Item 19 shall be paid for at the lump sum price bid for "Salvage Electrical Equipment". 20 3. The price bid shall include: 21 a. Removing and salvaging electrical equipment including, but not limited to: 22 1) Wire and cable 23 2) Encasement 24 3) Conduit 25 4) Supports 26 b. Excavation 27 c. Furnishing, placement and compaction of backfill 28 d. Hauling 29 e. Clean-up 30 1.3 REFERENCES 31 A. Reference Standards 32 1. Reference standards cited in this Specification refer to the current reference 33 standard published at the time of the latest revision date logged at the end of this 34 Specification, unless a date is specifically cited. 35 2. National Fire Protection Association (NFPA) 36 a. 70, National Electrical Code (NEC) 37 1.4 ADMINISTRATIVE REQUIREMENTS 38 A. Coordination CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 26 05 10 - 2 DEMOLITION FOR ELECTRICAL SYSTEMS Page 2 of 5 1 1. Coordinate with the City or their designee 48 hours in advance of removals. 2 2. Coordinate with other Trades for removal of electrical services in conjunction with 3 the removal of the associated equipment. 4 1.5 SUBMITTALS [NOT USED] 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 6 1.7 CLOSEOUT SUBMITTALS [NOT USED] 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8 1.9 QUALITY ASSURANCE [NOT USED] 9 1.10 DELIVERY, STORAGE, AND HANDLING 10 A. Delivery and Acceptance Requirements 11 1. All salvage materials will be delivered by the Contractor to the City at a location 12 designated by the Inspector. The Inspector, assisted by authorized representatives, 13 will serve as the receiving agent for salvage material. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION 20 A. Verify field measurements and circuiting arrangements. 21 B. Verify that abandoned wiring and equipment serve only abandoned facilities. 22 C. Report Drawing discrepancies to City before disturbing the existing installation. 23 3.3 PREPARATION 24 A. Disconnect electrical syst. in -r. , 25 B. Coordinate utility service outages with Utility Company to minimize length and number 26 of outages. 27 C. Provide temporary wiring and connections to maintain existing systems in service 28 during construction. 29 D. When work must be performed on energized equipment or circuits, use personnel 30 experienced in such operations. 31 E. Existing Electrical Service: Maintain existing system in service until new system is 32 complete and ready for service. 33 F. Disable system only to make switchovers and connections. CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 26 05 10 - 3 DEMOLITION FOR ELECTRICAL SYSTEMS Page 3 of 5 1 G. Obtain permission from City at least 1 week in advance, before partially or completely 2 disabling system. 3 3.4 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK 4 A. Remove, relocate and extend existing installations to accommodate new construction. 5 B. Remove abandoned wiring to source of supply. 6 C. Remove exposx( abarrloned conduit, includin barAo .ed conduit above accessible 7 crilir finiakas 8 1. Cut conduit flush with walls and floors and patch surfaces. 9 D. Dzoonnect abandoned outlets and remove devices. 10 1. Remove abandoned outlets if coiliiit ctr:'ing tk.rx i abcrr?oned and removed. 11 2. Provide blank cover for ck xdoned outlets which are not removed. 12 E. Disconnect and remove abandoned panelboards and distribution equipment. 13 F. Disconnect and remove electrical devices and equipment that has been removed. 14 G. Repair adjacent construction and finishes damaged during demolition and extension 15 work. 16 H. Maintain access to existing installations which remain active. Modify installation or 17 provide access to panels as appropriate. 18 I. Where the demolition or revision of any portion of a raceway or box in the raceway 19 system, in an area, causes the raceway system of the area to no longer comply with the 20 classification or Specification requirements of the area, provide and install such boxes, 21 fittings, etc. as may be necessary to return the raceway system to compliance with 22 Specifications. 23 J. Extend existing installations using materials and methods as specified for new Work. 24 K. Minimize noise, dust, and vibration and conduct the work so as to avoid any damage to 25 the surroundings. 26 L. Salvaged Equipment and Materials 27 1. The City shall have the right to retain any or all electrical and instrumentation 28 equipment shown or specified to be removed from the site. 29 2. Deliver the City's equipment to a site designated by the City. 30 3. If the City refuses the salvage, the Contractor must claim ownership of the 31 materials and dispose of them properly. 32 4. Prior to starting demolition, the Contractor and City shall jointly visit the areas of 33 demolition and the City will designate those items that are to remain the property of 34 the City. 35 5. Take necessary precautions in removing City designated property to prevent 36 damage during the demolition process. 37 a. Remove steel structural members by unbolting, cutting welds, or cutting rivet 38 heads and punching shanks through holes. 39 b. Do not use a cutting torch to separate the City's equipment or material. 40 6. Remove items in 1 piece or in a manner that does not impact their reuse. 41 a. Loose components may be removed separately. CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260510-4 DEMOLITION FOR ELECTRICAL SYSTEMS Page 4 of 5 1 b. Controls and electrical equipment may be removed from the equipment and 2 handled separately. 3 c. Large units may be handled separately. 4 d. Salvaged piping shall be taken apart at flanges or fittings and removed in 5 sections. 6 M. Material removed from the construction site during demolition, and any equipment not 7 otherwise designated to remain the property of the City in accordance with the pre- 8 demolition identification process shall become the property of the Contractor, and shall 9 be promptly removed from the construction site. 10 N. Refurbish and replace any existing facility, to be left in place, which is damaged by the 11 demolition operations. 12 1. The repair of such damage shall leave the parts in a condition at least equal to that 13 found at the start of the work. 14 3.5 RESTORATION 15 A. Clean and repair existing materials and equipment which remain or are to be reused. 16 B. Panelboards 17 1. Clean exposed surfaces. 18 2. Check tightness of electrical connections. 19 3. Replace damaged circuit breakers. 20 4. Provide closure plates for vacant positions. 21 5. Provide typed circuit directory showing revised circuiting arrangement. 22 3.6 RE -INSTALLATION [NOT USED] 23 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 24 3.8 SYSTEM STARTUP [NOT USED] 25 3.9 ADJUSTING [NOT USED] 26 3.10 CLEANING [NOT USED] 27 3.11 CLOSEOUT ACTIVITIES [NOT USED] 28 3.12 PROTECTION [NOT USED] 29 3.13 MAINTENANCE [NOT USED] 30 3.14 ATTACHMENTS [NOT USED] 31 32 33 34 35 36 CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260510-5 DEMOLITION FOR ELECTRICAL SYSTEMS Page 5 of 5 1 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11/7/11 Teresa Castillon Deleted items pertaining to buildings (floors and walls, etc.). CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 1 2 260500-1 COMMON WORK RESULTS FOR ELECTRICAL Page 1 of 5 SECTION 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. All labor, materials and equipment required to install, test and provide an 7 operational, electrical system as specified and as shown on the Drawings 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Electrical Facilities 16 a. Measurement 17 1) Measurement for this Item shall be by lump sum. 18 b. Payment 19 1) The work perfouiied and materials furnished in accordance to this Item 20 shall be paid for at the lump sum price bid for `Electrical Facilities". 21 c. The price bid shall include: 22 1) Furnishing and installing a complete electrical system 23 2) Wire 24 3) Cable 25 4) Conduit and related hardware 26 5) Supports 27 6) Excavation 28 7) Furnishing, placement and compaction of backfill 29 8) Hauling 30 9) Clean-up 31 2. Electrical Service 32 a. Measurement 33 1) Measurement for electrical service shall be per each type and size installed. 34 b. Payment 35 1) The work performed and the materials furnished in accordance with this 36 Item shall be paid for at the unit price bid for "Electrical Service" shall be 37 made at the price bid per each type and size installed. 38 c. The price bid shall include all aspects of completing the installation of electrical 39 service including, but not limited to: 40 1) Conduit 41 2) Pole risers 42 3) Meter base CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260500-2 COMMON WORK RESULTS FOR ELECTRICAL Page 2 of 5 1 4) Breaker box 2 5) Breakers 3 6) Coordination with Electrical Service Provider 4 1.3 REFERENCES 5 A. Reference Standards 6 1. Reference standards cited in this Specification refer to the current reference 7 standard published at the time of the latest revision date logged at the end of this 8 Specification, unless a date is specifically cited. 9 2. Underwriters Laboratories, Inc. (UL) 10 1.4 ADMINISTRATIVE REQUIREMENTS 11 A. Coordination 12 1. Where references are made to the Related Work paragraph in each Specification 13 Section, referring to other Sections and other Divisions of the Specifications, the 14 Contractor shall provide such information or Work as may be required in those 15 references, and include such information or Work as may be specified. 16 2. Division 26 requirements apply to electrical work provided under any division of 17 the Specifications 18 B. Service and Metering 19 1. Obtain service from the electric service provider at 120/240 Volts, Single Phase, 20 Three Wire, 60 Hz from transformer equipment furnished and installed by the 21 power company. 22 2. Power company responsibilities 23 a. Furnishing and installing the primary overhead conductors and pole line 24 b. Furnishing and installing the transformer or riser pole, primary cutouts, 25 lightning arresters and grounding 26 c. Furnishing and installing primary conduits and cables 27 d. Furnishing and installing the transformer pad and grounding (if pad -mounted 28 transformer) 29 e. Furnishing and installing transformer 30 f. Terminating underground primary cables 31 g r ith ng metering current transformers (CT'o), t to and meter wiring 32 h. Terminating secondary cables to the service transformer 33 i. Furniohing meter base and enclosure 34 3. Contractor responsibilities 35 a. Furnishing and installing secondary conduits and cables 36 h. Furtilh tig and installing power company approved metering current 37 transformer enclosure (if required by power company) 38 c. Installing m to base 39 4 Furttisltittg.x d kmc:alling an cmpty conduit with pull line from the !mitering 40 current per encclo e-te-t he -meter enc10 . Co dui! „a type 41 approved by the power company 42 e. Coordinating electrical service installation with power company 43 4. City responsibilities 44 a. Negotiating with power company for the costs of new or revised services 45 b. Making payment directly to power company for such costs CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260500-3 COMMON WORK RESULTS FOR ELECTRICAL Page 3 of 5 1 C. Codes, Inspections and Fees 2 1. Obtain all necessary permits and pay all fees required for permits and inspections. 3 1.5 SUBMITTALS [NOT USED] 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A. Materials and Equipment 9 1. New, except where specifically identified on the Drawings to be reused. 10 2. UL listed, where such listing exists. 11 3. Electrical service 12 a. Service type shall be as shown on the Drawings. 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD CONDITIONS [NOT USED] 15 1.12 WARRANTY 16 A. Manufacturer Warranty 17 1. Manufacturer's warranties are specified in each of the Specification Sections. 18 PART 2 - PRODUCTS [NOT USED] 19 PART 3 - EXECUTION 20 3.1 INSTALLERS [NOT USED] 21 3.2 EXAMINATION 22 A. Interpretation of Drawings 23 1. Coordinate the conduit installation with other trades and the actual supplied 24 equipment. 25 2. Where circuits are shown as home runs: Provide fittings and boxes for complete 26 raceway installation. 27 3. Verify exact locations and mounting heights of lighting fixtures, switches and 28 receptacles prior to installation. 29 3.3 PREPARATION [NOT USED] 30 3.4 INSTALLATION 31 A. Phase Balancing 32 1. Connect circuits on motor control centers and panelboards to result in evenly 33 balanced loads across all phases. CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260500-4 COMMON WORK RESULTS FOR ELECTRICAL Page 4 of 5 1 3.5 REPAIR / RESTORATION [NOT USED] 2 3.6 RE -INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP 5 A. Tests and Settings 6 1. Test systems and equipment furnished under Division 26. 7 2. Repair or replace all defective work. 8 3. Make adjustments to the systems as specified and/or required. 9 4. Prior to energizing electrical equipment, make all tests required by the individual 10 Specification sections. 11 a. Submit a sample test form or procedure. 12 b. Submit the required test reports and data within 30 days after the test. 13 c. Include names of all test personnel. 14 d. Initial each test. 15 5. Check wire and cable terminations for tightness. 16 6. Verify all terminations at transformers, equipment, capacitor connections, panels, 17 and enclosures by producing a 1 2 3 rotation on a phase sequence motor when 18 connected to A, B, and C phases. 19 7. Inspect, set, and test mechanical operation for circuit breakers, disconnect switches, 20 motor starters, and control equipment. 21 8. Check interlocking, control and instrument wiring for each system and/or part of a 22 system to prove that the system will function properly as indicated by schematic 23 and wiring diagrams. 24 9. Schedule and coordinate testing with the City at least 2 weeks in advance. 25 10. Provide qualified test personnel, instruments and test equipment. 26 11. Refer to the individual equipment Sections for additional specific testing 27 requirements. 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES [NOT USED] 31 3.12 PROTECTION [NOT USED] 32 3.13 MAINTENANCE [NOT USED] 33 3.14 ATTACIIMENTS [NOT USED] 34 END OF SECTION 35 36 CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260500-5 COMMON WORK RESULTS FOR ELECTRICAL Page 5 of 5 Revision Log DATE NAME SUMMARY OF CHANGE 11/7/11 Teresa Castillon Deleted information on metering. CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 01 30 OPERATION AND MAINTENANCE OF SITE IMPROVEMENTS — ONE (1) YEAR PART 1 - GENERAL 1.1 SCOPE A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all monitoring, adjustment and minor repair of sprinkler irrigation system, irrigation scheduling, inspection and cleaning out bioretention/rain garden splash pad weep openings, remove trash from splash pad area and put any mulch back into bed, weeding of mulched beds and planter pots, applying mulch to bioretention/rain garden planting areas, applying aggregate topdressing at planter pots, pruning of perennials and ornamental grasses, cutting off spent/dried bloom stalks from 'Brakelight' Red Yucca, filling and monitoring water for planter pots, mowing and fertilizing of grass, replacement of plant material, applications of fertilizers, insecticides, and fungicides, general site clean-up, notification to Owner's Authorized Representative of light fixture outages, removal of trash and products of maintenance, submittal to Owner of photographs and maintenance schedule, as shown on drawings and/or specified herein. 1.2 REQUIREMENTS OF REGULATORY AGENCIES Perform work in accordance with all applicable laws, codes, and regulations required by authorities having jurisdiction over such work and provide for all permits required by local authorities. 1.3 QUALITY ASSURANCE A. Qualifications: 1. The contractor shall have a minimum of five (5) years successful experience in the practice of landscape maintenance. 2. Utilize a contractor having successfully maintained projects similar in scope, materials and maintenance requirements. 1.4 CONTRACTOR RESPONSIBILITIES A. The Contractor shall provide maintenance services (Refer to individual specifications) after any portion of the sprinkler irrigation or landscape installation is complete. B. The Contractor's Maintenance Period shall be for three (3) years commencing upon a Letter of Final Acceptance of the construction issued by the Owner. C. Sprinkler Irrigation System: The Contractor's maintenance of the sprinkler irrigation system shall consist of monitoring and adjustment of the duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, replacing damaged or removed heads or valves, repair of leaks in both mains and lateral lines and all other work required to establish a complete working sprinkler irrigation system. D. Drip Irrigation System: The Contractor's maintenance of the drip irrigation system shall consist of maintenance per manufacturer's instructions and as addressed in Section 3.9. E. Perennials and Ornamental Grasses: The Contractor's maintenance of new perennials and ornamental grasses shall consist of watering, weeding, pruning, fertilizing, pre -emergent, 320130-1 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR post -emergent, insecticide and fungicide applications, if required. These plants are native and will not require the same attention as non-native plants. F. Lawns: The Contractor's maintenance of new Turffalo grass shall consist of watering, mowing, edging, trimming, fertilizing, pre -emergent, post -emergent, insecticide and fungicide applications. Maintenance of lawns shall be as per Section 3.3 and per frequency as shown in Appendix A at end of this section.. G. Maintenance of project site shall be per Section 3.3 and per frequency as shown in Appendix A at end of this section. 1.5 MONTHLY SITE VISIT REPORT SUBMITTAL A. The Contractor is responsible for documenting all phases of maintenance with site visit reports and date stamped photographs taken at a minimum of five (5) predetermined and designated locations in the site throughout the one (1) year of maintenance. B. The site visit report and photo documents shall be submitted for each type of action regarding maintenance per Appendix A to show proof of maintenance action and for submittal to Owner at time of pay applications and copied to the Owner's Representative for record. Photos shall be submitted in an electronic Doc, Docx or PDF format, sent via email. C. An overall site plan image will accompany each monthly submittal with the five (5) recorded locations marked for Owner site confirmation of work items. Additional locations may be marked or noted for items of special interest or warranty work replacement. The Site visit report shall include a listing of tasks completed and products used including product name, manufacturer's product information, and quantity applied. D. This submittal provides proof of work for City records for the project and will help document issues on the site for replacement requirements for items under warranty, items that have been vandalized, or items that need City attention such as light outages or other damages to the site by others. E. The site visit report and photo documentation shall be submitted to show each quarters monthly (3 months) activity with each quarterly payment request. 1.6 WARRANTIES AND REPLACEMENTS: Refer to Sections 32 84 00 and 32 93 00. 1.7 MAINTENANCE INSTRUCTIONS: At the completion of the maintenance period, furnish two (2) copies of written maintenance instructions, all keys and locks to the City; and train individuals designated by the City in the operation of the irrigation system. Identification of City employees (individuals) for training shall occur prior to completion of maintenance work period and shall be provided such that those individuals can fully operate, monitor, trouble shoot and adjust the system. PART 2 - MATERIALS 2.1 MATERIALS A. Materials required for installed items shall match those already in use. B. Samples of all materials not specified under other Sections of the Specifications shall be submitted for review by the Owner's Authorized Representative prior to use. C. The use of any insecticides or herbicides will be permitted only with prior written approval of The City of . 320130-2 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR 2.2 FERTILIZERS A. Ornamental Grasses: 1. February - Complete Fertilizer 10-10-10 (1:1:1) all slow release. 2. March - Complete Fertilizer 24-6-6 (4:1:1) 50% sulfur coat. 3. May - Complete Fertilizer 24-6-6 (4:1:1) 50% sulfur coat. 4. July - Complete Fertilizer 24-6-6 (4:1:1) 50% sulfur coat. 5. September - Complete Fertilizer 24-6-6 (4:1:1) 50% sulfur coat. B. Warm season grass areas: 1. March - Complete Fertilizer 24-6-6 (4:1:1) all quick release. 2. May - Complete Fertilizer 21-7-14 (3:1:2) with 3% iron and 50% sulfur coat. 3. July - Complete Fertilizer 21-7-14 (3:1:2) with 3% iron and 50% sulfur coat. 4. September - Complete Fertilizer 10 -20-20 (1:2:2) with 3% iron. 2.3 WEEDING A. Contractor shall hand weed beds as needed to remove weeds. B. With permission from the Owner's Authorized Representative the Contractor shall apply: 1. General nonspecific weed control: Roundup, or equal glyphosate product. 2. Spring and summer broadleaf weed control: Threeway, Trimec or equal. 3. Grassy weed control: MSMA, DSMA, Trimec Plus, or equal. 4. Pre -emergent weed control: Simazine, or XL by Monsanto, or equal. 2.4 ANT CONTROL: In accordance with currently acceptable industry standards as established by Federal, State, and local authorities. 2.5 MACHINERY AND EQUIPMENT: Machinery requirements listed under this Section are NOT intended to be restriction of specific manufacturers or models, unless so stated. Specific mention of the manufacturers in intended as a guide to illustrate the final product of the maintenance operations desired. All equipment used shall be and maintained in top working condition at all times. A. Lawn mowers shall be of the rotary or reel type, in good working order, finely tuned to protect the grass from excessive exhaust fumes. Mower blades shall be sharp at all times to reduce the tearing of the turf and shredding of the cut grass blades. Mowers shall be kept in balance with no bent blades. Lawn mowers shall be in a safe working condition at all times. B. Edgers shall be hard blade grass edgers. Edger's shall be maintained in safe, working condition, cutting edges shall be sharp at all times. C. String trimmers shall be maintained in safe and working condition. D. Pruning tools shall be maintained in safe, working condition, cutting edges shall be sharp at all times. E. Granular material spreaders shall be the cyclone type. The Contractor shall be responsible for any grade, plant material (trees, shrubs, etc.), or hardscape amenity damage caused by the spreader and the application process. Spreaders shall be in a safe working condition at all times. F. Insecticide and fungicide sprayers shall be of the hand-held or backpack type. The Contractor shall be responsible for any grade, plant material (trees, etc.), or hardscape amenity damage caused by the sprayer and the application process. Sprayers shall be in a safe working condition at all times. G. All carts, wheelbarrows, and similar wheeled conveyances used in or on any portion of the existing landscape or amenities shall be equipped with pneumatic tires. 32 01 30 - 3 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR PART 3 - EXECUTION 3.1 WATERING A. General: 1. Maintenance procedures should assure the operation of the irrigation system. The irrigation system components (valves, nozzles and controller) should be inspected, cleaned, repaired and adjusted weekly. 2. Adjust the system's timing in accordance with the general weather conditions. Improper watering procedures causing the decline of the permanent good health and appearance of the tree shall be replaced with the same tree of equal size and form at the cost of the Contractor. 3. Promptly repair any damage to the irrigation system caused by the maintenance operations, vandalism, excavation by other resulting in broken heads, risers, pipe or other similar damage; replace with the same part and manufacture. B. All planting areas should be watered as necessary to provide the proper moisture levels. Adjust watering practices to match water requirements of species in planting beds, and allow for wind and sun exposure. Maintain uniform moisture in all planting areas during the winter months - particularly when a freeze is predicted. C. Avoid over- and under -watering and notify the owner immediately if drainage problems appear. D. The beds in this project area are designed as bioretention/rain garden areas and the plants have been chosen to withstand standing water up to twenty-four (24) hours or dry conditions for extended periods of time. Be especially careful to avoid over -watering the plants. 3.2 FERTILIZATION A. General: Fertilizing procedures should reflect the manufacturer's recommendations. Use caution in handling and spreading fertilizers --concentrated amounts may result in "burning" and damage to root systems. Carefully follow label instructions. B. Perennials and Ornamental Grasses: Top dress with two (2) inch layer of compost. Cultivate lightly and water thoroughly after application. C. Lawns of Warm Season Grass: 1. March - (2) pounds of nitrogen per 1000 square feet. 2. May - (2.5) pounds of nitrogen per 1000 square feet. 3. July - (2.5) pounds of nitrogen per 1000 square feet. 4. September - (1.25) pounds of nitrogen per 1000 square feet. 3.3 MOWING AND EDGING A. Mow and edge grass areas as shown on attached Appendix "A". Do not bag clippings unless directed otherwise by the City of Fort Worth. B. Limit mowing of turffalo grass to control weed population. Mow grass when weeds emerge taller than the turffalo grass (buffalograss). C. Mow Turffalo grass area as necessary during growing season to maintain four (4) inch height. Allow seed heads to form, set and release seed. D. When edging, use sharp blades to give a crisp appearance along walks, curbs, edge of pavement (street, walks), permanent structures, etc. E. When trimming, use string trimmers around non -living structures and objects. Do not allow turf to be trimmed shorter with a string trimmer than other turf areas mowed by mowers the same day. F. When trimming, do not allow the turf to be scalped around irrigations sprinkler heads and valve boxes creating a "doughnut" appearance. 32 01 30 - 4 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR G. Hand trim around irrigation heads, signs and valve boxes. H. The edge of road pavement and back of curbs shall be mechanically edged. I. All irrigation heads, signs, utility poles, fire hydrants, etc., shall be mechanically trimmed; chemical control not acceptable. J. Mulching mowers shall be used. Do not bag clippings. K. Turffalo Grass (Buffalograss) Mowing: 1. During periods of warm and hot weather: Mow Turffalo Grass at 4" height. Mow Bermuda turf at 2" height.. 3.4 PERENNIALS A. Thin to remove dead wood when necessary. Remove dead wood and freeze damaged leaves in the spring. B. In no case should any plant be sheared. C. All water sprout and sucker type growth shall be pruned and trimmed continuously. Pruning and trimming of any plant shall be done so in a manner as to retain the natural character and habit of the plant. Selectively thin and tip back annually, or as needed. Do not change the natural shape of the shrub by pruning unless so directed by the Owner. D. Cultivate the beds (break soil and loosen to incorporate amendment) when adding mulch. E. Always prune out dead, broken, and diseased wood. All cuts shall be flush cuts. F. All damaged, dead, or thin areas in groundcover beds shall be replanted at the direction of the Owner's Representative. Replacement of plant material not due to the Contractor's negligence will be at the Owner's expense, upon receipt of written authorization to proceed. G. Re -mulch beds with mulch topping as necessary to maintain full 3" depth to prohibit weed growth. H. Perennials will be continuously inspected for signs of pests and diseases. Identify pests and diseases and treat with appropriate methods. Refer to Appendix B for specific maintenance schedule I. Perennials will be continuously inspected for signs of pests and diseases. Identify pests and diseases and treat with appropriate methods. Refer to Appendix B for specific maintenance schedule J. All pruning debris and limbs shall be removed completely and immediately from site, or to an approved location on -site. 3.5 NATIVE AND ORNAMENTAL GRASS A. The ornamental grass used in the project is a herbaceous perennials, dormant in winter. The foliage, flowers and seed plumes die with onset of freezing weather, but persist throughout the winter. The dead but standing foliage retains its form and is one of the main aesthetic values of these plants. Maintenance activities in or around these plants must be performed carefully during the fall and winter to avoid damage to the standing foliage. If damaged, the foliage will not completely regenerate until the following summer. B. The ornamental grass is sensitive to over -fertilization and to over -watering. Over -fertilization and over -watering causes the plants to become "top-heavy", resulting in foliage and flowers that do not stand upright, but fall over in wind or rain. This destroys the fall and winter value of the plants, and may cause decreased cold -hardiness. C. Trim ornamental grasses only once each year as shown on attached Appendix "A". Trimming shall be done in late winter or early spring just before spring growth starts. Trim by cutting all dead foliage and flowers with hedge shears or other tools, leaving a neat, even mound of dead stalks above finished grade. Take care not to damage the living crown of the plant. Trim ornamental grasses at the following heights: 320130-5 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR 1. 'Regal Mist' Gulf Muhly Grass —1/3 height of plant 3.6 ANT CONTROL: Install ant control as per manufacture's recommendations. 3.7 PESTICIDES AND FUNGICIDES: As required for safe control of the particular insects or diseases. A. Assess level of damage caused by insects and diseases regularly. Minor, visually unimportant damage does not need to be treated, as long as the long-term health of the planting is not affected. B. Carefully identify any pest that causes significant damage. Do not attempt control until the pest organism has been identified. C. After identification, choose the least hazardous control measure possible. Read and observe all label precautions. If the least hazardous control measure is not effective, use the next least hazardous measure. Preference will be given to biological and pest -specific control measures. In pest outbreaks, review cultural practices to determine the underlying cause, and correct. D. Regard all pesticides as hazardous to your health and dangerous to the environment; only experienced personnel should handle with extreme caution and chemicals. Limit public access to any area recently treated with pesticides. E. Specific directions are as follows: 1. Fire Ants: - Broadcast spread Amdro® Ant BlockTM or ProBaitTM Formulation for Professionals in fire ant granular form. F. Biological Insect Control - In some instances of insect infestation, organic control may be desirable. Organic controls shall be: 1. Bacillus Thuringiensis - Bacillus thuringiensis 'kurstaki', Bacillus thruingiensis israelensis'--This bacterial insecticide provides effective control of the larvae of many moths, mosquitoes, fungus gnat larvae and butterflies. The spores are harmless to humans, animals and beneficial insects. 2. Trichogramma Wasp - The tiny wasps attach the eggs of more than 200 pest species, including cutworms, armyworms and many moth and butterfly eggs. Wasps should be released when moths are first seen, but a sequence of releases throughout the season is preferable to a single large release. 3. Green Lacewings (Chrysoperla rufilabris) - Egg masses are sometimes available. The larvae, known as aphid lions, prey on insects including aphids, spider mites, leafhoppers, thrips, moth eggs and small larvae. Lacewings introduced into the landscape must have a ready supply of food or they will leave. 4. Whitefly Parasite (Encarsia Formosa) - This tiny wasp is similar to the Trichogramma. It is attracted to its host by the actual smell of honeydew produced by the whitefly. 5. Whitefly Predatory Beetle (Delphastus pusillus) - This new, beneficial ladybug look - alike feeds on whitefly. 6. Praying Mantis - Egg cases containing about two -hundred (200) individual eggs are available from a number of sources. The mantis is a voracious predator. Food preferences include ace bugs, grasshoppers, crickets, and many other harmful insects. 7. Lady Beetle - Aphids are the preferred hosts, but lady beetles will also eat mealy bugs, scale, spider mites, and many other soft -bodied pests and egg masses. 8. Insect Pathogenic Nematodes (Steinerema Feltiae, Neoplectana carpocapse, Steinernema carpocapsae) - These mobile nematodes control a wide range of caterpillars and larvae. 9. Predatory Mites - (Phytoseiulus persimilis, Mesoseiulus longipes, Neoseiulus californicus, Galendromus occidentalis) - These predators feed on the undersides of leaves where spider mites are prevalent. Select the species that is best suited for the treatment area. 32 01 30 - 6 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR 3.8 IRRIGATION SYSTEM A. Landscape Irrigation System: The Contractor shall be totally responsible for the operation of all irrigation systems, both manual and automatic, as well as programming the automatic controlling devices to produce optimum moisture levels. Keys shall be provided to the Contractor for all irrigation controllers. If the controllers do not have locks, The City of Forth Worth shall provide locks upon request. It shall be the Contractor's sole responsibility to keep plants watered properly (to the extent of supplemental watering when necessary to provide the need/s, beyond that provided by irrigation systems). If there are problems with the irrigation system that prevent proper watering procedures, Contractor shall effectuate all repairs. The City of Forth Worth shall be immediately (immediately is defined as not to exceed eight (8) hours) notified of breaks, so as to prevent any vegetation and/or tree loss. 1. If possible, except as dictated by extenuating circumstances (when unusual circumstances occur as necessitated by special events, location, etc.) irrigation cycles shall be set to take place during night-time hours, but in all instances prior to beginning of morning rush hours. 2. Operation of irrigation system shall be monitored by contractor on a weekly basis (in conjunction with service cycle); to insure proper coverage of areas, and operation of system - for example, proper running of controller, the setting of ornamental grass/perennial heads at the proper height, the straightening of heads, and cleaning/adjusting of nozzles and heads to prevent water spray on windows or buildings, to reset drip line. When adjusting nozzles, the Contractor should remember to avoid the watering of hard surface areas (parking lots, platforms, walks, walkways and/or drive -ways); placing emphasis on this need at all times, but particularly so during winter months. 3. Maintenance of the drip irrigation system shall consist of removing the disc stack, rinsing with water and replacing every 6 months, comparing the controller runtimes and frequency to the to the application rate for Techline CV at the spacing used and if the amount of water in inches/hour is insufficient or exceeds the requirement of the plant, adjust accordingly. Refer to "Techline Design Manual" by Netafimusa.com. 4. During cold weather, the Contractor shall be responsible to monitor the irrigation system to insure that the freeze sensor is operational to prevent the icing of sidewalks, driveways, bus -lanes and grounds, and any associated damage to plants. When weather conditions dictate, the Contractor shall drain the irrigation system so that minimum freeze damage occurs to the system. 5. The project is equipped with freeze-stat(s) and rain-stat(s). In maintaining the irrigation system, the Contractor shall have the use of, and be responsible for the operation of the freeze-stat(s) and rain-stat(s), keeping in mind the +- variable factor in factory settings of freeze-stats. 6. Any damage caused by the Contractor (bubblers, valves, wiring etc.), during the servicing of facilities; shall be repaired at no cost to the Owner. Replacement equipment shall be of the same type, model and manufacturer to keep the warranty coverage the same. No substitutions shall be accepted unless a particular replacement part is out of production. 7. The Contractor shall be responsible for the supply and/or replacement of all sprinkler nozzles "blown -off," (including parts) broken, missing, or otherwise damaged during routine scheduled service and/or vandalism of property. Contractor should be prepared to respond immediately to reports of irrigation problems occurring between scheduled service visits. B. Make adjustments and settings of automatic controllers to establish frequency and length of watering periods. C. Check systems for continuous trouble free operation. 1. Adjust all bubblers to maintain proper coverage. 320130-7 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR 2. Immediately repair and replace any equipment damaged as a result of maintenance operations, at the Contractor's expense and directed by the City of Forth Worth or its authorized representative. 3. Accidental damage not resulting from Contractor's negligence will be reported promptly to the City of Forth Worth or its authorized representative with estimate of cost for correction for the City of Forth Worth or its authorized representative's approval. 4. The City of Forth Worth or its authorized representative shall be notified, within twenty- four (24) hours, of any damage caused by accident, vandalism, theft, acts of God, or mysterious causes. 5. During the start and throughout the third year of maintenance, the Contractor shall adjust the irrigation to reduce the amount and frequency of water to the trees in order to wean the trees from a regular watering cycle. Newly planted replacement trees shall be provided with supplemental truck watering at the Contractor's expense to establish the tree prior to the end of the Contract period. D. A comprehensive testing and check of all irrigation systems shall be approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the contractor prior to the end of the contract. If repairs are not made to the satisfaction of the City of Fort Worth or its authorized representative deductions shall be made from the payment of retainage in the amount to cover the cost of repairs, as determined by the City or its authorized representative. E. At the end of the Contract, the Contractor shall obtain approval from the City of Forth Worth or its authorized representative to turn off the irrigation system and turn the project over to the City. 3.9 MULCHING AT BIORETENTION/RAIN GARDEN PLANTING AREAS: Apply top -dress with minimum two (2) inch layer of rustic cut hardwood mulch at bioretention/rain gardens twice (2 times) a year to maintain full three (3) inch depth. Hold mulch back min. six (6) inches from root flare of plants to keep flares fully exposed. 3.10 TOPDRESSING AGGREGATE Maintain full depth of aggregate in planter at base of plants at all times. 3.11 LITTER REMOVAL: Maintain all planting beds and planter pots as required to be free of litter and debris, including cigarette butts, gum, and other small materials. The frequency is shown on the Appendix "A". Litter control will be performed weekly on all portions of areas involved in this contract. Extremely high visitation, i.e. special event, may increase intensity. Pick up all litter and debris and deposit in trash receptacles provided by the City. If none are provided, it is the Contractor's responsibility to haul away and dispose of in an appropriate manner. 3.12 HAZARD REMOVAL: Pick up and remove all broken glass from planters as necessary, but at least once per week. Any hazardous conditions shall be reported to the City of Fort Worth or its authorized representative immediately upon discovery. Hazardous conditions will be defined as any natural or man-made feature within the physical boundaries of the contracted property (plant, structure, item of equipment, site furniture, or any real property) which is in such a condition that it may not be utilized as it's original or designated capacity and efficiency. 3.13 LIGHTING: Damaged or inoperative lights should be reported as quickly as they are discovered. Damage to all structures and landscape elements should be reported immediately upon discovery to the City of Fort Worth or the Owner's Authorized Representative. 3.14 SITE FURNITURE: Damaged site furniture shall be reported to the City of Fort Worth or its authorized representative immediately upon discovery. Implement repair upon approval from the City or its authorized representative to restore the planter pot to its original intended use and appearance. Minor finish and crack repairs to the planter pots shall be done at the Contractor's 320130-8 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR expenses and at no cost of the City of Fort Worth. Repairs shall be made in compliance with manufacturer's recommendations. Major repairs or pot replacements shall be the cost of the Owner. 3.15 SPLASH PAD DRAINAGE STRUCTURE AT BIORETENTION/RAIN GARDENS A. All splash pad areas shall be kept free of trash. Mulch shall be removed and placed back into adjacent bioretention/rain garden beds. B. Remove mulch and debris from weep holes at edges of splash pad area. Fine mulch and dirt debris may be placed back into bioretention/rain garden planting area at back areas, higher edges, of bed adjacent to walks and not back next to drain slots where it will block the drain slots again at the next heavy rain event. 3.16 SUBDRAINAGE LINES A. All subdrainage lines shall be kept clear, clean, and free of any and all debris, at all times. B. The Contractor shall make routine monthly inspection of all drainage inspection tubes (clean - outs) to insure that flow lines are free of obstructions. 3.17 MAINTENANCE SCHEDULE Refer to Appendix "A" for summary of maintenance activities. PART 4 — EXPLANATION OF LANDSCAPE MAINTENANCE (WARRANTY) AND CONTRACTOR CARE REQUIREMENTS 4.1 REQUIREMENTS: The following are requirements for one (1) year Landscape Maintenance Warranty Period to be performed by the Contractor. The intent of this is to accomplish the following in the manner herein described. A. The Contractor is to be completely responsible to maintain plant materials he/she is warranting. This is accomplished by giving him/her control over the area he/she has just finished constructing. B. The City of Fort Worth maintains control by setting the standard for which this area will be maintained. This standard will be as described below. 1. The Contractor shall determine his/her costs for maintaining this standard of warranty, and add these costs into the entire items bid on the project in the same way costs for maintaining an office or construction equipment for carrying on normal day-to-day business is done. 2. The Contractor shall tell the Owner's Authorized Representative in writing what those costs are in an itemized statement prior to the award of the contract. This amount will be retained after the construction for final acceptance, and paid to the Contractor on a quarterly basis for the period of the warranty set forth above. If in the opinion of the Owner's Authorized Representative the Contractor's costs are too low, City of Fort Worth staff will determine a figure and this amount will be retained after the construction final acceptance and paid out to the Contractor quarterly as stated above. If certain work is not done, payment will not be made for that particular item. 3. Upon final payment to the Contractor, the contract is considered as terminated with certain exceptions as described on the following pages. 320130-9 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR PART 5 — SPECIFICATION REQUIREMENTS FOR LANDSCAPE MAINTENANCE WARRANTY PERIOD 5.1 TERM: The term of any contract for performance of Landscape Maintenance Warranty Care described in these specifications shall begin on the day of Final Acceptance of general contract and continue for one (1) year. 5.2 THE AGREEMENT: The agreement may be altered or terminated at the election of the City of Fort Worth or its authorized representative, should it be found that to maintain the public interest (which shall be so construed to include the appearance of the segments of public property herein, and subsequently described, and warranted), safety, health, comfort and/of welfare would require such action. In such event, the decision of the City or its authorized representative shall be final and binding. 5.3 LIABILITY: The City of Fort Worth will not be liable for any loss or damage sustained by the contractor. The contractor shall save the City whole and harmless from any and all claims for damage of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever growing out of or resulting from or in any way connected with the exercise of the privilege herein granted. Contractor will exercise every necessary precaution for the safety of the City property and the protection of any and all persons and/or property located adjacent to or making passage through said property. 5.4 AREA TO BE MAINTAINED: The City of Fort Worth or its authorized representative shall determine the exact location of land to be maintained. The area to be maintained subject to the provisions of these specifications is described below. The Owner's Authorized Representative in supervising the agreement outlined herein is, the Project Manager, who may specifically designate others to be responsible for the on -site inspection. The areas to be maintained are the areas planted and with installed irrigation system under the contract and any site furniture installed under the contract. 5.5 CONTACT: Contractor shall furnish all of the material and perform all of the work to be undertaken as the contractor's obligations under this contract. Contractor must provide a valid phone number and address at all times to the authorized City representative. The telephone must be answered during normal working hours at least to take a message. Contractor must also provide a phone number he/she can be reached after hours and weekends. A pager or cell phone is strongly recommended. 5.6 EQUIPMENT: All materials, tools, and equipment used in performing the conditions outlined will be provided by the successful bidder and must be removed from the jobsite at the end of each working day or upon the request of the City of Fort Worth or its authorized representative at any time. 5.7 ASSIGNMENT OF THE AGREEMENT: The Contractor shall not sell, sublet, or assign the agreement or any portion thereof to any other person or persons, except upon the written approval of the City of Fort Worth or its authorized representative. 5.8 NOTIFICATION: The Contractor shall notify the City of Fort Worth or its authorized representative at least forty-eight (48) hours prior to beginning the seasonal commencement of the Landscape Maintenance Warranty Care Period. A. The City or its authorized representative shall be present at the initial start of the project and will spot check the progress of the contract work until completed. If at any time it is determined by the City's representative that the terms of the contract are not being followed, said representative shall stop the work until the corrections are initiated. 32 01 30 - 10 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR B. Failure to correct contract violations (within 48 hours after notification) may result in contractor's quarterly payment being withheld until and understanding between the City and Contractor can be reached. 5.9 SUBCONTRACTOR APPROVAL: The City of Fort Worth (or it's authorized representative) reserves the right to examine contractor's subcontractor for warranty care period and approve/disapprove same. Items to be examined will be performance history, experience and equipment inventory and will therefore require the submission of a business experience portfolio from subcontractor. Said portfolio shall contain the following information: A. History and experience — Trace the Contractor's professional experience giving particular attention to past and present operations. B. Equipment and Personnel — A list of equipment and personnel to be used in the Landscape Maintenance Warranty Care Management Program shall be provided. An on -site inspection of subcontractor's equipment will be required prior to subcontractor's approval for Landscape Maintenance Warranty Care. C. Contractor shall submit a complete list of projected costs for all work to be performed prior to commencement of the Landscape Maintenance Warranty Care Period. D. The foregoing information may be used at the City's or its authorized representative's discretion to disapprove a Contractor when in the estimation of the City is incapable of performing said contract. E. The Owner's Authorized Representative reserves the right to defer the approval of the Contractor until after an interview with the principal parties involved in the company being considered to do Landscape Maintenance Warranty Care. Said interview may or may not be required and may be conducted by the Owner's Authorized Representative. 5.10 COMPLIANCE: Contractor shall comply with all applicable governmental laws and regulations. 5.11 PAYMENTS: The City of Fort Worth or its authorized representative shall make payments to the contractor on a quarterly basis. The contractor must submit an invoice with record of each quarterly months site visit report, during that quarter, to the City or its authorized representative on a quarterly basis designating work performed. After receipt of invoice and report, the contractor will be paid for the amount mutually agreed upon by the City or its authorized representative and the Contractor. Said amount to be drawn from the contractor's retainage withheld to that point and said work pending verification by an authorized representative. 5.12 FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that in the short run, if the Contractor fails to perform the work satisfactorily as specified herein, the City or its authorized representative will only pay the amount of retainage for the amount of service received, as determined by the City or its authorized representative with an appropriate downward adjustment in contract price. Such adjustments will be the estimated cost for performance by the City or its authorized representative. B. Those discrepancies and deficiencies in the work that remain uncorrected may be grounds for termination of the Contractor, by the City or its authorized representative. The contractor will then be required to obtain the services of another subcontractor that is acceptable to the City or its authorized representative. 5.13 RETURN OF RETAINAGE PAYMENTS WITHHELD: The City or its authorized representative may withhold retainage payment to such extent as may be necessary to protect the City from loss due to: 32 01 30 - 11 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR A. Work required in the specifications which is defective, incomplete or not performed. B. Claims filed or reasonable evidence indicating probable filing claims. PART 6 — CITY OF FORT WORTH INSURANCE 6.1 REQUIREMENTS: The Contractor, one (1) week prior to the time that the Landscape Maintenance Warranty Care Period begins, shall provide at his own cost and expense, the following insurance to the City of Fort Worth by insurance companies licensed in the State of Texas. All required insurance shall be evidenced by certificates and/or policies as determined by the City. TYPE OF COVERAGE LIMITS OF LIABILITY I. Workmen's compensation Statutory II. Comprehensive General Liability Bodily Injury $300,000 per occurrence Property Damage $50,000 per occurrence III. Comprehensive Automobile Liability (with a minimum limit of $100,000 per person) Bodily Injury $300,000 per occurrence Property Damage $50,000 per occurrence A. Additional coverages and limits may be required based upon the particular function contracted. If such additional coverage and limits are required, they will be described in the special conditions of the specifications. B. Each certificate and/or policy of insurance shall require that thirty (30) days prior to the cancellation or material change in policies, notice thereof shall be given to the City of Fort Worth by registered mail. C. Any and all deductibles in the above -described policies shall be assumed by, and before, the account of and at the sole risk of the contractor. D. The City of Fort Worth shall be named as an additional insured and that the term "owner" of "City of Fort Worth" shall include all authorities, Boards, Bureaus, Commission, Divisions, Departments, and offices of the City and the individual members, employees, and agents thereof, in their official capacities and/or while acting on behalf of the City of Fort Worth. E. Proof of Insurance must be provided to the City or its authorized representative one (1) week prior to starting any contract work. PART 7 - METHOD OF MEASUREMENT AND PAYMENT 7.1 All landscape maintenance will be paid for quarterly based on the lump sum cost of landscape maintenance for one (1) year. This shall include all labor, incidental work, tools, equipment, materials and all associated utility costs necessary to execute the maintenance operations in accordance with the requirements of this section and related plans. 32 01 30 - 12 Activity Fertilize all planting areas Hand weed beds Trim ornamental grass Dead head perennials and trim spent/dried yucca blooms Ant control Applications of pesticides & fungicides & herbicides Apply rustic mulch at bioretention/rain garden bed areas and cultivate beds Mowing - refer to Sectoin 32 92 00 for frequency Litter and leaf removal Site furniture - maintenance Removal of hazardous materials Planter subdrainage system check and clean Clean, repair aggregate areas Light fixtures - outage reported to City Visit w/ Contracting Officer OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR Appendix A — Schedule Total Frequency Visits Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec * mid. * * * * NOTE: This table is not comprehensive and is intended as a guideline. Refer to Section 32 93 00 for additional maintenance requirements. * Treat or perform immediately or as needed END OF SECTION 32 01 30 320130-13 3 37 1 * 52 * 52 52 12 12 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 84 00 LANDSCAPE IRRIGATION SYSTEM PART 1 -- GENERAL 1.1 SCOPE: A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of underground sprinkler irrigation system complete, as shown on drawings and/or specified herein. When the term "Contractor" is used in this section, it shall refer to the irrigation Subcontractor. 1.2 QUALITY ASSURANCE: The following Codes, Regulations, Reference Standards, and Specifications apply to work included in this section: ASTM: D2241, D2464, D2466, and D2564. 1.3 WARRANTY AND MAINTENANCE: A. The Contractor shall warranty material and workmanship for one year after final acceptance including repair and replacement of defective materials, workmanship, and repair of backfill settlement. B. Maintenance during warranty shall include, but not necessarily be limited to, the following: 1. Backfilling of all trenches. 2. Adjustment of controller as necessary to insure proper sequence and watering time. 3. All maintenance necessary to keep the system in good operating order. Repair of damage caused by vandals, other contractors or weather conditions shall be considered extra to these specifications. C. Warranty and maintenance after final acceptance does not include alterations as necessitated by re -landscaping, re -grading, addition of trees or the addition, and/or changes in sidewalks, walls, driveways, etc. D. Maintenance shall continue for one month after final acceptance. LANDSCAPE IRRIGATION SYSTEM 1.4 SUBMITTALS: A. The Contractor shall submit shop drawings or manufacturer's "cut sheet" for each type of sprinkler head, pipe, controller, valves, check valve assemblies, valve boxes, wire, conduit, fittings, and all other types of fixtures and equipment proposed to install on the job. The submittal shall include the manufacturer's name, model number, equipment capacity, and manufacturer's installation recommendation, if applicable, for each proposed item. B. No partial submittal will be accepted and submittals shall be neatly bound into a brochure and logically organized. After the submittal has been approved, substitutions will not be allowed except by written consent of the Landscape Architect. C. Shop drawings shall include dimensions, elevations, construction, details, arrangements, and capacity of equipment, as well as manufacturer's installation recommendations. 1.5 "APPROVED EQUAL" SUBSTITUTIONS: Several items in this section and on the plans are specified by a manufacturer's brand name and catalog number, followed by the phrase "or approved equal". This is not intended to unduly restrict competitive procurements or bidding, but is done to assure a minimum standard of quality which is believed to be best for the item specified and to match existing equipment. 1.6 CODES/PERMITS: A. All work under this section shall comply with the provisions of these Specifications, as illustrated on the accompanying drawings, or as directed by the Owner and shall satisfy all applicable local codes, ordinances, or regulations of the governing bodies and all authorities having jurisdiction over this Project. B. Installation of equipment and materials shall be done in accordance with requirements of the National Electrical Code, City Plumbing Code, and standard plumbing procedures. The drawings and these Specifications are intended to comply with all the necessary rules and regulations; however, some discrepancies may occur, the Contractor shall immediately notify the Landscape Architect in writing of the discrepancies and apply for an interpretation. Should the discovery and notification occur after the execution of a contract, any additional work required for compliance with the regulations shall be paid for as covered by these Contract documents. C. The Contractor shall give all necessary notices, obtain all permits, and pay all costs in connection with his work; file with all governmental departments having jurisdiction; obtain all required certificates of inspection for his work and deliver to the Owner. D. The Contractor shall include in the work any labor, materials, services, apparatus, or drawings in order to comply with all applicable laws, ordinances, rules, and regulations whether or not shown on the drawings and/or specified. E. The installation of the irrigation system shall be made by an individual or firm duly licensed under Article No. 8751 VTCS, Titled "Licensed Irrigators Act", S.B. No. 259 as passed by the 66th Texas Legislature. 1.7 EXISTING UTILITIES: 328400-2 LANDSCAPE IRRIGATION SYSTEM A. Locations and elevations of various utilities included with the scope of this work have been obtained from the most reliable sources available and should serve as a general guide without guarantee to accuracy. The Contractor shall examine the Site and verify to his own satisfaction the locations and elevation of all utilities and availability of utilities and services required. The Contractor shall inform himself as to their relation to the work and the submission of bids shall be deemed as evidence thereof. The Contractor shall repair at his own expense, and to the satisfaction of the Owner, for damage to any utility shown or not shown on the plans. B. Should utilities not shown on the plans be found during excavations, Contractor shall promptly notify the Owner for instructions as to further action. C. Contractor shall make necessary adjustments in the layout as may be required to connect to existing stub -outs, should such stub- outs not be located exactly as shown and as may be required to work around existing work, at no increase in cost to the Owner. All such work will be recorded on record drawings and turned over to the Owner prior to final acceptance. 1.8 RECORD DRAWINGS: A. Record dimensioned locations and depths for each of the following: 1. Point of connection. 2. Sprinkler pressure line routing (provide dimensions for each 100 lineal feet (maximum) along each routing, and for each change in directions). 3. Gate valves. 4. Sprinkler control valves (buried only). 5. Control wire routing. 6. Other related items as may be directed by the Landscape Architect. B. Locate all dimensions from two permanent points (buildings, monuments, sidewalks, curbs, or pavements). C. Record all changes which are made from the Contract drawings, including changes in the pressure and non -pressure lines. D. Record all required information on a set of blackline prints of the Contract drawings. Do not use these prints for any other purpose. E. Maintain information daily. Keep Contract drawings at the Worksite at all times and available for review by the Owner's representative. F. When record drawings have been approved by the Owner's Representative, transfer all information to a set of reproducible mylars using permanent India ink. Changes using ball-point pen are not acceptable. Make dimensions accurately at the same scale used on original Drawings, or larger. If photo reduction is required to facilitate controller chart housing, notes or dimension must be a minimum 1/4 inch in size. G. Reproducible mylars will be furnished by the Owner cost for printing and handling. 1.9 CONTROLLER CHARTS: A. Do not prepare charts until record drawings have been approved by the Owner's representative. 328400-3 LANDSCAPE IRRIGATION SYSTEM B. Provide one controller chart for each automatic controller installed. 1. Chart may be a reproduction of the record drawing, if the scale permits fitting within the controller door. If photo reduction prints are required, keep reduction to maximum size possible to retain full legibility. 2. Chart shall be blackline print of the actual system, showing the area covered by that controller. C. Identify the area of coverage of each remote control valve, using a distinctly different pastel color, drawn over the entire area of coverage. D. Following approval of charts by the Owner's representative, they shall be hermetically sealed between two layers of 20 mil. thick plastic sheet. E. Charts must be completed and approved prior to final acceptance of the irrigation system. 1.10 OPERATING AND MAINTENANCE MANUALS: A. Provide individual bound manuals detailing operating and maintenance requirements for irrigation systems. B. Manuals shall be delivered to the Owner's representative for review and approval no later than 10 days prior to completion of work. Revise manual as required. C. Provide descriptions of all installed materials and systems in sufficient detail to permit maintenance personnel to understand, operate, and maintain the equipment. D. Provide the following in each manual: 1. Index sheet, stating Irrigation Contractor's name, address, telephone number, and name of person to contact. 2. Duration of guarantee period. 3. Equipment list providing the following for each item: a. Manufacturer's name. b. Make and model number. c. Name and address of local manufacturer's representative. d. Spare parts list in detail. e. Detailed operating and maintenance instructions of major equipment. 4. Recommended programs for watering by season. 1.11 CHECKLIST: A. Provide a signed and dated checklist, and deliver to the Owner's representative prior to final acceptance of the work. B. Use the following format: 1. Plumbing permits: if none required, so note. 2. Material approvals: approved by and date. 328400-4 LANDSCAPE IRRIGATION SYSTEM 3. Pressure line tests: by whom and date. 4. Record Drawings: received by and date. 5. Controller charts: received by and date. 6. Materials furnished: received by and date. 7. Operation and maintenance manuals: received by and date. 8. System and equipment operation instructions: received by and date. 9. Manufacturer's warranties if required: received by and date. 10. Written guarantee: received by and date. 1.12 ELECTRIC POWER: No electric power is required for the operation of the Solar Controllers specified. 1.13 WATER FOR TESTING: Unless noted otherwise on the plans or elsewhere, furnish all water necessary for testing, flushing, and jetting. 1.14 BORINGS, SLEEVES AND ELECTRICAL CONDUITS: Sleeves and electrical conduits are the responsibility of the Irrigation Contractor to install prior to paving or related construction and should be installed as noted on the drawings and specifications. Contractors shall be responsible for locating all sleeves and conduits at no additional cost to the Authority. Borings under existing paving will be required where noted on the drawings and shall be provided at no additional cost to the Owner. Borings shall be a minimum of 18 inch depth and new pipes shall be incased in Class 200 sleeves. 1.15 SPARE PARTS: The Contractor shall supply the Owner with five spray heads, one for each head designated on the plan. The Contractor shall supply one additional key and hose swivel for the quick coupler. PART 2 -- PRODUCTS 2.1 GENERAL: Unless otherwise noted on the plans, all materials shall be new and unused. The irrigation equipment catalog numbers used for reference in these Specifications are to establish minimum quality standards and may be substituted with an "approved equal" as outlined in Paragraph 1.5 of this section. 2.2 POLYVINYL CHLORIDE PIPE (PVC PIPE): PVC pipe manufactured in accordance with ASTM Standards noted herein. A. Marking and Identification: PVC pipe shall be continuously and permanently marked with following information: Manufacturer's name, size, type of pipe, and material, SDR number, Product Standard number, and the NSF (National Sanitation Foundation) Seal. 328400-5 LANDSCAPE IRRIGATION SYSTEM B. PVC pipe fittings: Shall be of the same material as the PVC pipe specified and compatible with PVC pipe furnished. Solvent weld type shall be Schedule 40. C. PVC Pipe: Shall be Class 200 solvent weld, SDR-21, PS 22-70 for all sizes 3/4 inch to 3 inches. All 1/2 inch pipe shall be solvent weld SDR- 13.5, Class 315. Mainline pipe size 4" and larger shall be PVC o-ring gasket type with ductile iron fittings by Harco Industries. D. Flexible PVC Risers (Nipples): All flexible PVC nipples shall be made from virgin PVC material, and shall comply with ASTM D2287, shall be tested at 200 P.S.I. static pressure for 2 hours and have a quick burst rating of a minimum 400 P.S.I. Flexible PVC pipe nipples shall be factory assembled only. E. Pipe sleeves: Shall be Class 200 solvent weld, SDR-21, PSD 22-70 for all sizes 3/4 inch to 2 inches; all 1/2 inch pipe shall be solvent weld SDR-13.5, Class 315; and located as shown on drawings. 2.3 SWING JOINTS: Swing joints shall be 0-ring seal type, Lasco or approved equal. 2.4 WIRE AND SPLICES: A. All valve wire shall be single strand solid copper, minimum 14 gauge with type OF insulation which is Underwriters Laboratory approved for direct underground burial when used in a National Electrical Code Class II Circuit (30 volts AC or less) as per Articles 725 and 300. Voltage drop shall be taken into consideration. B. All connectors shall be UL listed, rated 600 volt, for PVC insulated wire. No wire splices shall be buried. C. All wire connectors shall have a two-piece PVC housing which, when filled with resin epoxy and pressed together, forms a permanent, one-piece, moisture -proof wire splice. 2.5 QUICK COUPLING VALVES: A. Quick coupling valves shall be composed of a bronze cast body with a purple, (NP) cover. B. The valve shall accept a single lug 3/4 inch bronze valve key for operation. C. Provide one coupler and one hose swivel ell for every five quick coupling valves shown on the plans. 2.6 MANUAL VALVES: A. Manual valves 2-1/2 inches and smaller shall be all brass, globe type with composition disc rated at 150 pounds W.O.G. Manual valve size 4" and larger shall be Kennedy cast iron type. B. All valves shall have wheel handles unless cross handles are called for on the plan. 2.7 VALVE BOXES: 328400-6 LANDSCAPE IRRIGATION SYSTEM A. A box shall be provided for all valves. B. Valve boxes shall be made of high -strength plastic suitable for turf irrigation purposes. C. Boxes shall be suitable in size and configuration for the operability and adjustment of the valve. D. Extension sections will be used as appropriate to the depth of piping. 2.8 DRIPPERLINE WITH PRESSURE COMPENSATING EMITTERS Dripperline shall be of nominal sized one-half (%") inch low density, ultra -violet -resistant, linear polyethylene tubing with internal pressure -compensating, continuous self-cleaning, integral drippers at a specified interval. The tubing shall be brown in color throughout and shall conform to an outside diameter (O.D.) of 0.66" and an inside diameter (I.D.) of 0.56". The dripperline shall be capable of a discharge rate of 0.4, 0.6, or 0.9 gallons per hour (GPH) between operating pressures of 7 - 70 psi for each individual dripper. The individual continuous self-cleaning, pressure compensating drippers shall be welded to the inside of the tubing wall. The drippers shall be constructed of three individual pieces: A. A black -colored dripper containing a filtration system on the inlet side, compensation cell, and recessed chamber with a water outlet, B. A hard plastic diaphragm retainer with color denoting discharge rate, with chamfered edges and a recessed groove in the center extending the full length of the diaphragm and, C. A flexible elastomer diaphragm that allows pressure to build up within the chamber to purge sediment or other debris that may not have been captured by the disc filter. Dripper spacings shall be available in the following on -center intervals - 12", 18", and 24". 2.8.1 BARBED INSERT FITTINGS All barbed insert fittings shall be constructed of molded, ultra -violet -resistant, black colored plastic having a nominal inside dimension (I.D.) of 0.24" Each fitting shall have a minimum of two ridges or barbs per outlet with a raised barb nearest the fitting outlet. All fittings shall be of one manufacturer and shall be available in one of the following end configurations: • barbed insert fittings, 328400-7 LANDSCAPE IRRIGATION SYSTEM • male pipe threads (MPT) with barbed insert fittings, or • female pipe threads (FPT) with barbed insert fittings. 2.10 CONTROLLER: A. The controller shall be capable of operating the number of stations as indicated on the drawings. The system is designed to operate one section valves at a time, per controller unless otherwise noted. The controller is specified on the drawings. B. Power source shall be solar. C. Operation of the controller shall be full automatic, incorporating one 24 hour clock and 14 day calendar per controlled number of electric valves shown on the plan to start the sprinkling cycle any hour or hours of the day or night of any day or days over a repeating 14 day period. D. The controller shall be capable of repeating watering cycles as required with a maximum delay between the ending of one cycle and the beginning of the next not to exceed 2 hours. Control shall provide optional semi -automatic operation whereby the automatic cycle may be started independent of the clock and manual operation whereby any station may be operated by hand independent of all timing mechanism. The choice of automatic day or hour programming shall be available to the operator on the face of the control panel without the use of tools. E. The automatic controller shall be equipped with rainproof housing. 2.11 ELECTRIC REMOTE CONTROL VALVES: A. Electric remote control valves shall have plastic bodies and covers and shall be globe -type diaphragm valves of normally closed design. The valves are specified on the drawings. B. Operation shall be accomplished by means of integrally mounted heavy-duty 24-V DC solenoid complying with National Electrical Code, Class II Circuit. Solenoid coil shall be potted in epoxy resin within a plastic coated stainless steel housing. Solenoids shall be completely waterproof, suitable for direct underground burial. C. A flow stem adjustment shall be included in each valve. 2.12 BACKFLOW PREVENTER (DOUBLE CHECK VALVE): A. A double gate valve, double check assembly shall be located and sized as shown on the plans. The double check valve is specified on the drawings. B. Construction shall be all brass for sizes 3/4 inch to 2 inches. C. This assembly shall be installed in a box and shall conform to the City Plumbing Codes. 2.13 TEMPERATURE SENSORS & RAIN SENSORS: A. Rain and freeze sensors shall be as noted on the plans. 328400-8 LANDSCAPE IRRIGATION SYSTEM PART 3 -- EXECUTION 3.1 INSTALLATION, GENERAL: A. Design Pressure: This irrigation system has been designed to operate with a minimum static inlet water pressure as indicated on the drawings. The Contractor shall take a pressure reading prior to beginning construction. If the pressure reading is 5% less than above, the Contractor shall notify the Owner's Representative. B. Contractor Responsibility: The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in equipment usage, area dimensions or water pressure exist that might not have been considered in the engineering. Such obstructions or differences shall be brought to the attention of the Owner's Representative in writing. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. C. Staking: Before installation is started, place a stake or flag where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by the Landscape Architect before proceeding. D. Piping Layout: Piping layout is diagrammatic. Route piping around existing trees and root zones in such a manner as to avoid damage to plantings. Do not dig within the ball of newly planted trees or shrubs. E. In areas where trees are present, trenches will be adjusted on site to provide a minimum clearance of four times the trunk diameter of the tree (at its base) between any tree and any trench. F. All material and equipment shall be delivered to the Worksite in unbroken reels, cartons or other packaging to demonstrate that such material is new and of a quality and grade in keeping with the intent of these Specifications. 3.2 EXCAVATION AND TRENCHING: A. The Contractor shall perform all excavation to the depth indicated in these Specifications and Contract drawings. The banks of trenches shall be kept as nearly vertical as practicable. Trenches shall be wide enough to allow a minimum of 4" between parallel pipelines or electrical wiring. Where rock excavation is required, or where stones are encountered in the bottom of the trench that would create a concentrated pressure on the pipe, the rock or stones shall be removed to a depth of six (6) inches minimum below the trench depth indicated. The over depth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth or sand, thoroughly tamped. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe is encountered in the trench bottom, such shall be removed to a depth and length required, and the trench backfilled to trench bottom grade as hereinafter specified, with course sand, fine gravel or other suitable material. B. Bottom of trench grade shall be continued past ground surface deviations to avoid air pockets and low collection points in the line. The minimum cover specifications shall govern regardless of variations in ground surface profile and the occasional deeper excavation required at banks and other field conditions. Excavation shall be such that a uniform trench 328400-9 LANDSCAPE IRRIGATION SYSTEM grade variation will occur in all cases where variations are necessary. C. Trench excavation shall comprise the satisfactory removal and disposition of all materials, and shall include all shoring and sheeting required to protect the excavation and to safeguard employees. D. During excavation, material suitable for backfilling shall be stockpiled in an orderly manner a sufficient distance back from edge of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling shall be wasted as directed by the Owner's Representative. When excavated material is of a rocky nature and the topsoil or any other layer of excavated material is suitable for pipe bedding and backfill in the vicinity of the pipe, such material shall be separately stockpiled for use in such bedding and pipe backfill operations, unless satisfactory imported material is used. E. All excavations and backfill shall be unclassified and covered in the basic bid. No additional compensation will be allowed for rock encountered. F. Restore all surfaces, existing underground installations, etc., damaged or cut as a result of the excavations to their original conditions in a manner acceptable to the Owner's Representative. 3.3 PIPE INSTALLATION: A. Sprinkler Mains: Sprinkler mains are that portion of piping from water source to electric valves. This portion of piping is subject to surges since it is a closed portion of the sprinkler system. Sprinkler mains shall be installed in a trench with a minimum of 18 inches of cover. B. Lateral Piping: Lateral piping is that portion of piping from electrical valve to sprinkler heads. This portion of piping is not subject to surges since it is an "open end" portion of the sprinkler system. Lateral piping shall be installed in a trench with a minimum of 12 inches of cover. 3.4 PVC PIPE AND FITTING ASSEMBLY: A. Solvent: Use only solvent recommended by manufacturer to make solvent -welded joints following standards noted herein. Thoroughly clean pipe and fittings of dirt, dust, and moisture with an approved PVC primer before applying solvent. B. PVC to Metal Connection: Work metal connections first. Use a non -hardening pipe dope such as Permatex No. 2 or "Teflon" tape on threaded PVC to metal joints. Use only light wrench pressure. C. Threaded PVC Connections: Where required, use threaded PVC adapters into which pipe may be welded. D. Remove lumber, rubbish, and rocks from trenches. Provide firm, uniform bearing for entire length of each pipeline to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean during and after laying pipe. E. PVC pipe shall not be installed where there is water in the trench, nor shall PVC pipe be laid when temperature is 40 deg. F or below or when rain is imminent. PVC pipe will expand and contract as the temperature changes. Therefore, pipe shall be snaked from side to side of 328400-10 LANDSCAPE IRRIGATION SYSTEM trench bottom to allow for expansion and contraction. 3.5 HYDROSTATIC TESTS: Pressure Test: After the pipe is laid, the joints completed, and the trench partially backfilled, leaving the joints exposed for examination, the newly laid piping or any valved section of main pressure line piping shall, unless otherwise specified, be subjected for four hours to a hydrostatic pressure test of normal city water pressure. Each valve shall be opened and closed during the test. Enclosed pipe, joints, fittings, and valves shall be carefully examined during the partially open trench test. Joints showing visible leakage shall be replaced or remade, as necessary. Cracked or defective pipe, joints, fittings, or valves discovered in consequence of this pressure test shall be repeated until the test results are satisfactory. All replacement and repair shall be at contractors cost. 3.6 CONTROL WIRE INSTALLATION: A. All control wire less than 500 feet in length shall be continuous without splices or joints from the controller to the valves. Connections to the electric valves shall be made within 18 inches of the valve using connectors specified in Paragraph 2.4 of this section, unless otherwise approved by the Owner's Representative in writing. B. All control wires shall be installed at least 18 inches deep. Contractor shall obtain the Owner's Representative's approval for wire routing when installed in a separate ditch. Control wires may be installed in a common ditch with piping; however, wires must be installed a minimum of 4 inches below or to one side of piping. C. All wire passing under existing or future paving, sidewalk, construction, etc., shall be encased in PVC Schedule 40 conduit extending at least 2 feet beyond edges of paving, sidewalks, or construction. 3.7 DRIP EQUIPMENT: A.. Dripperline can be installed in one of the four following methods: Over -excavation: Over -excavate the entire area to a depth of 2" to 4" below finish grade. Plant all specimen trees and shrubs 15 gallon size and larger, then place dripperline at the row spacing interval indicated on the plans. Pipe Pulling: Where ground disruption is to be minimized, pneumatic tire, pipe -pulling machinery shall be used. Potholes shall be used at the ends of each run for making connection to supply and exhaust headers of rigid PVC pipe or polyethylene pipe. Trenching: Hand or mechanically trench to the pipe depth indicated on the plans or in these specifications and backfill flush with finish grade. Avoid mechanically trenching within the dripline of existing trees. Hand -trench around existing tree roots when roots of 2" and larger are encountered. Remove all rock 1%" and larger when excavating and remove from site. Do not backfill trenches with rock that will come in direct contact with tubing or rigid PVC piping. B. Placement of Rigid PVC Piping: Install pipe in a serpentine (snaked) manner to allow for expansion and contraction in trench before backfilling. Install pipes at temperatures over 40° F. Pipe markings shall face upward out of the trench whenever possible. 328400-11 LANDSCAPE IRRIGATION SYSTEM C. Dripperline: Dripperline can be installed with the water outlets facing up, down, or sideways. In irregular areas, some water outlets could end up too close to fixed improvements and may have to be capped off with a dripper plug ring. D. Cover: Install underground piping horizontally and as evenly as possible to a maximum depth of 4", unless otherwise specified. (Typical pipe depth is 2" shrub beds, 4" in turf unless periodic aeration is anticipated, and then pipe depth should be lowered to 6".) E. Barbed Insert Fittings: Connect dripperline to barbed insert fittings by pushing the tubing on and over both barbs of the fitting until the tubing has seated against another piece of tubing or has butted against another portion of the barbed fitting. For water pressures in excess of the 30 psi, or the maximum stated system pressure for the dripperline, whichever is less, use stainless steel clamps as noted in paragraph 3.2.4, "Pipe Clamping" on all barbed fittings.6. Pipe F. Clamping: When design -operating pressure exceeds 30 psi, or maximum stated system pressure for the dripperline, whichever is less, stainless steel pipe clamps shall be used. Slip clamps over tubing before slipping tubing over barbed insert fitting. Place clamp between the f first and second ridge of the barbed fittings and crimp the "ear" of the clamp tightly. Crimp the "ear" twice to ensure proper seating. 3.8 QUICK COUPLING VALVES: A. Quick coupling valves shall be installed with the underside of flange flush with the finished grade. B. Quick coupling valves shall be installed on a swing joint assembly as detailed on the drawings. C. Under the warranty, the Contractor shall return after grass is established and adjust valves and valve boxes to proper grade. 3.9 MANUAL VALVES: A. Manual valves shall be sized and located where shown on the Contract drawings. B. Valve boxes shall be adjusted to be flush with finished grade. The Contractor will be required to adjust after establishment of grass. C. Valve boxes shall be properly supported and of sufficient construction that tractors and mowers crossing over the boxes will not push boxes down and crush the pipe, valve, or box. 3.10 VALVE AND VALVE BOX PLACEMENT: A. All manual, electric, and quick coupling valves shall be in boxes as specified in Paragraph 2.7 of this section, and shall be set with a minimum of six (6) inches of space between their top surface and the bottom of the valve box. The base of the box shall be filled with pea gravel as B. Valves shall be fully opened and fully closed to ensure that all parts are in operating condition. C. Valve boxes shall be set plumb, vertical, and concentric with the valve stem. 328400-12 LANDSCAPE IRRIGATION SYSTEM D. Any valve box which has moved from this required position so as to prevent the use of the operating wheel of the valve shall be reset by the Contractor at his own expense. 3.11 CONTROLLER: A. Controller shall be located as shown on the plans and shall be capable of operating the number of stations indicated. B. The system is designed to operate one sections at a time, per controller, unless otherwise noted on the plans in strict accordance with the manufacturer's published installation instructions. 3.12 ELECTRIC REMOTE CONTROL VALVES: A. Remote control valves shall be located and sized as shown on the plans. All electrical connections shall be made when the weather is dry with connection kits as specified in Paragraph 2.4 of this section in strict accordance with manufacturer's recommended procedures. All remote control valves shall be installed in a horizontal position, in accordance to the manufacturer's published installation instructions. B. It shall be the responsibility of the Contractor to furnish and install the proper size wire on each of the low voltage circuits from the master control center to the various electric remote control valves. C. Consideration shall be given to each circuit for allowance of voltage drop and economy consistent with accepted practices of electrical installation. Under no circumstances shall the voltage of any branch circuit be reduced more than proper due to length of run exceeding the maximum allowable for the wire size used. 3.13 BACKFILL AND COMPACTION: A. After system is operating and required tests and inspections have been made, the trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, gravel, soft shale, or other approved materials, free from large clods of earth or stone. Rock, broken concrete, or pavement, and large boulders shall not be used as backfill material. The backfill shall be thoroughly compacted and evened with the adjacent soil level. B. Compact trenches in areas to be planted by thoroughly flooding the backfill. Compact all other areas by flooding or hand tamping. The jetting process may be used in areas when flooding. C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to a minimum of 90% density. D. Any trenches improperly backfilled, or where settlement occurs, shall be reopened to the depth required for compaction, then refilled and compacted with the surface restored to the required grade and left in a completed surface condition as described above. E. Specifically tamp backfill under heads and around the flange of heads for one foot (1') by a suitable means after trench backfill has dried from flooding to prevent heads loosening in the ground. 328400-13 LANDSCAPE IRRIGATION SYSTEM 3.14 FINAL ADJUSTMENT: A. After installation has been completed, make final adjustment of sprinkler system prior to Owner's Representative's final inspection. B. Completely flush system to remove debris from lines by removing nozzle from heads on ends of lines and turning on system. C. Check sprinklers for proper operation and proper alignment for direction of throw. D. Check each section for operating pressure and balance to other sections by use of flow adjustment on top of each valve. E. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arc or angle of spray should be other than as shown on drawings. In this case, change nozzles to provide correct coverage and furnish record data to Owner's Representative with each change. F. After system is thoroughly flushed and ready for operation, each section of sprinklers shall be adjusted to control pressure at heads. Use the following method, one section at a time: 1. Remove last head on section and install a temporary riser above grade. Install tee with pressure gauge attached on top of riser and re -install head with nipple onto tee. 2. Correct operating pressure at last head of each section as follows: Spray Heads - 30-35 psi. 3. After replacing head, at grade, tamp thoroughly around head. 4. Drip zone valve pressure regulating devices shall be set at not to exceed 40 psi. 3.15 CLEAN-UP: A. The Worksite shall be thoroughly cleaned of all waste materials and all unused or salvaged materials, equipment, tools, etc. B. After completion of the work, areas disturbed shall be leveled and the Worksite shall be raked clean and left in an orderly condition. END OF SECTION 328400-14 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 92 00 TURF AND GRASSES PART 1 — GENERAL 1.1 DESCRIPTION A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of the sod. B. Conform to the requirements of the general conditions of the contract. 1.2 SUMMARY A. Section Includes: 1. Providing imported topsoil. 2. Providing compost. 3. Initial removal of weeds on site. 4. Soil preparation and tilling compost into existing rough graded existing topsoil. 5. Fine grading and removal of debris. 6. Germinating weeds for second eradication prior to sodding. 7. Hand removal or raking away of dead weeds. 8. Sodding of grass as designated on landscape plans. 9. Establishment of grass. B. Alternates: Refer to "Alternates" for description of Work in this Section affected by alternates. 1.3 REFERENCES A. Codes and regulations of the jurisdictional authorities. B. Reference Codes and Standards 1. AASHTO: M140, M208. 2. ASTM: C33, C51. 3. U.S. Department of Agriculture and Texas Department of Agriculture 4. Federal Seed Act 1.4 QUALITY ASSURANCE A. Qualifications: 1. Manufacturer: Company specializing in manufacturing Products specified with minimum five (5) years documented experience. 2. Installer: Company specializing in performing the Work of this Section with minimum five (5) years documented experience. B. Inspections: 1. Make written request for inspection after sodding operations have been completed. Such inspection is for the purpose of establishing the Maintenance Period. 2. Submit written requests for inspections to the Owner's Representative at least seven (7) days prior to anticipated inspection date. 329200-1 TURF AND GRASSES 1.5 SUBMITTALS A. Submit the following for approval in accordance with contract related submittals in a single package to the Owner's Representative within fifteen (15) days of award of the General Contract. B. All delivery receipts and copies of invoices for materials used for this work shall be subject to checking by the Owner's Representative. The Contractor shall offer proof of materials' compliance to the specifications to the Owner's representative prior to installation. Various samples, certificates, and specifications of seed, and other materials shall be submitted for approval as required by subsequent sections of this specification and Section 32 93 00. The Contractor should submit the following certification to the Owner's representative prior to installation. 1. Sod: Certified, each delivery bearing a certification tag and label as required by law with Tech Turfs genetic identity from the Texas Department of Agriculture, with the Tech Turf I. 2. Compost: Submit a one (1) gallon sample as specified in Section 2.4. 3. Sources: Within sixty (60) days of notice of award, notify Owner and Owner's Representative in writing of source of sod required for the project. 4. Fertilizer: Copy of product information labeled with manufacturer's name and address and chemical analysis. 5. Herbicide: Copy of product information labeled with manufacturer's name and address and chemical analysis. Submit manufacturer's information or cut sheets on products. C. Work Schedule: The sodding of grass must occur at stipulated times. Also, time periods are specified to achieve an acceptable stand. Therefore, the Contractor must submit a schedule for the work of this section so that the grass can achieve full coverage as specified by the contract completion date. The schedule must be submitted within 90 days of award of this contract for review and approval of the Owner's Representative, Architect and Owner's Representative. Refer to Subsection 1.12. D. Submit Maintenance Instructions upon final acceptance. Refer to Subsection 3.9, Paragraph J. E. Special Warranty: Submit written special warranty registered with manufacturer as specified in this Section. F. Provide documentation and testing of compost materials as specified in Parts 2 and 3 of this section in conjunction with testing of compost from Section 32 93 00. 1.6 SELECTION AND ORDERING OF PLANTING MATERIALS A. Documentation: Submit documentation within thirty (30) days after award of Contract that all materials have been ordered. B. Unavailable Materials: If proof is submitted that any of the materials specified is not obtainable, a proposal will be considered for use of the nearest equivalent variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than thirty (30) days after award of Contract. C. Special Conditions: The above provisions shall not relieve Contractor of the responsibility for obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. 1.7 JOB CONDITIONS AND PROVISIONS A. Carefully maintain all site benchmarks, layout points and other points established by other contractors. If destroyed, replacement will be by this Contractor. B. Coordinate all work of this Section with other on site contractors and the Owner. Give advance notice on sequencing of this work so not to effect the operations of other contractors. 329200-2 TURF AND GRASSES C. All lawn work shall be performed under the direct supervision of a superintendent and laborers thoroughly experienced with the work of this Section and who shall be at the project site for the duration of the work. D. No lawn work shall take place during inclement weather or when the ground conditions are, in the opinion of the Owner's Representative, not in a condition to be properly worked. No lawn operations shall occur earlier than April 15th nor later than August 30th unless approved and directed otherwise by Owner's Representative. E. Erect barricades, snow fencing, hire temporary watchmen or whatever is deemed necessary by the Contractor to totally protect all lawns until 100% established. 1.8 DELIVERY, STORAGE, AND HANDLING A. Materials and supplies are subject to inspection and sampling for testing. Allow no seed, fertilizer, straw, or other agronomic materials or supplies on Work site other than those for the Project. 1. Sod: a. Deliver sod to job within twelve (12) hours after being cut; place sod within twenty (20) hours after being cut. Allow sod only eight (8) hours maximum on site. b. Prior to and after delivery during wet weather, allow sod to dry to the extent that will prevent tearing during handling and laying. During dry weather, water sod to ensure its vitality and prevent dropping of the soil in handling. c. Analysis of purity and germination tag d. Certification tag B. Fertilizer: Labeled with manufacturer's name and address, guaranteed analysis, including nutrient and its derived source, listing of potential acidity, and any toxic materials. C. Herbicide: Labeled with manufacturer's name and address and chemical analysis, warnings, safety instructions, and application requirements. 1.9 PROJECT CONDITIONS OR SITE CONDITIONS A. Verify and examine site conditions with the Owner's Representative. Proceed when official notice is give to the Contractor that the work site is ready. 1.10 SEQUENCING A. Coordinate grading, soil preparation and other related units of Work specified in other Sections to ensure that grass seed can be supported and installed as indicated. 1.11 SCHEDULING A. Submit a proposed work schedule to the Owner for approval ninety (90) days after award of contract to General Contractor. After approval, no modification shall be made to this schedule without written authorization by the Owner. List anticipated start and stop dates for each segment of work up to and including final acceptance. B. In general, the work shall proceed as rapidly as the site becomes available, consistent with normal seasonal limitations for lawn work. C. Note: The grass must be fully, 100% established by the contract completion date. The Contractor should allow for a minimum of one -hundred (100) days to establish the grasses. PART 2 — PRODUCTS 2.1 SOD A. Well -rooted certified sod, at least eighteen (18) months old. 1. Sods: 329200-3 TURF AND GRASSES a. Turffalo Brand Tech Turf (Buchloe dactyloides - breeding basis) B. Sod and attached soil free from any noxious weeds such as quack grass, garlic, Johnson grass, dallisgrass, nutsedge, Canada thistle, and other turf weeds. C. Mowed in production field to height of not more than 2-1/2 inches within five (5) days prior to lifting. D. Machine cut in sections not less than 2-1/2 feet in length nor less than twelve (12) inches in width and to a depth equal to growth of fibrous roots, uniform soil thickness of 3/4 inch, plus or minus 1/4 inch. Measurement for thickness to exclude top growth and thatch. E. Cut in sections or strips strong enough to support it's own weight and retain size and shape when suspended vertically from firm grasp on upper ten (10) percent of section. Small, irregular or broken pieces of sod are prohibited. Sod on Beck Roll is permitted. 2.2 FERTILIZER For grass sodded areas: Approved commercial fertilizer applied at rate to distribute 2 pounds of nitrogen and 1 pound of phosphorous per 1000 square feet. 2.3 IMPORTED TOPSOIL A. Sandy Loam (Imported topsoil): sandy loam topsoil which is friable, fertile, dark loamy soil, free of clay lumps, subsoil, stones and other extraneous material and free of weeds and foreign grasses. Loam containing dallisgrass and nutgrass (nutsedge) will be rejected. Physical properties as follows: 1. Clay: between 10 and 20 percent 2. Silt: between 20 and 30 percent 3. Sand: approximately 60 percent 4. Organic matter: between 5 and 15 percent of total dry weight. 2.4 COMPOST - Professional Compost A. Compost: shall be Professional Compost that is fully finished compost that has been produced by aerobic (biological) decomposition of organic matter and meets or exceeds the requirements set forth by the United States Department of Agriculture, the United States Composting Council (USCC), and State composting requirements. Compost feedstock shall include fully composted cotton burrs, local grass trimmings, leaves, brush and processed wood fiber and shall add an average of 1.1 lbs. Ni, 0.13 lbs. P1, and 0.8 lbs. K' of pure consumable organic nutrients per one -hundred (100) square feet for each inch depth added plus minerals and trace elements. Compost shall not include food waste, stable waste, treated lumber, pallets, pine bark, raw manure or mushroom compost waste. Compost shall not include any man-made materials or chemicals. Do not use mixed municipal solid waste compost since it varies from season to season. Ensure compost and does not contain any visible inorganic refuse, other physical contaminants, or any substance considered to be harmful to plant growth. It must be turned a minimum of five (5) times and not achieve a temperature greater than 160 degrees Fahrenheit. Each turning cycle should be not shorter than fourteen (14) days minimum. Compost shall have no pungent smell, but rather an earthy smell. Supporting documentation should be made available upon request. Acceptable Professional Compost is as supplied by Soil Building Systems, 1770 "Y" Street, Dallas, Texas 75229, (972) 831-8181, attention: Baron Ablon or equivalent as determined by Owner's Representative. 329200-4 TURF AND GRASSES Table 1 Physical Requirements for Compost pH: 7.9 — 8.9 Maturity: germination and vigor greater than 90% in accordance with TMECC 05.05-A, "Germination and Vigor" Solvita® Compost Maturity Index: value of 7 or higher B. The contractor is obligated to provide testing of the compost at the supplier's yard and at the job site for quality assurance. C. TESTING OF THE COMPOST AT THE JOB SITE NOTE: Contractor is advised to test the designated compost stockpile at the supplier's yard prior to loading to ensure the designated pile passes the compost maturity test. If the compost does not pass the test at the jobsite, it will be rejected. 1. Use Solvita® Compost Maturity Test Kit or approved equal. Solvita® test kit shall be recently purchased and shall be stored in a refrigerator protected from heat until use at the site. (The two parameters which Solvita® measures (CO2 / NH3) are the mostly frequently cited factors that correlate closely with maturity and potential phytotoxicity. Ammonia is also an odorous aerosol toxicant and is a potential worker hazard at agrocultural and compost facilities.) Provide Compost maturity test results to measure both carbon -dioxide (CO2) and ammonia (NH3) evolution and provide a Maturity Index value, useful or compost quality evaluation. Compost maturity test is TMECC Test #05-08A. 2. Provide results to Owner's Representative at the job site. 3. Physical inspection of the material shall be performed at the same time by the Owner's Representative. 4. Owner's Representative has the right to reject the material if it does not meet the above parameters. 2.5 HERBICIDE — option (for initial weed eradication on site prior to sod installation) Selective herbicide used to remove weeds prior to lawn installation. Use of herbicides is to be of limited nature because of the potential to damage the viability of the soil and therefore the retardation of future plant growth. Contractor shall submit to Owner's representative a written list of herbicide schedule with justification, and "Material Safety Data Sheets". A. If weeds exist within proposed landscape areas at the beginning of work, spray with a nonselective herbicide such as Roundup. B. Clear and remove these existing weeds upon herbicide's completed action by grubbing off all plant parts at least one and one-half (1 1/2) inch below the surface of the soil. 2.6 WATER A. Potable. Provided by Contractor to establish sod areas. Keep sod moist at all times with frequent, light watering. PART 3 — EXECUTION 3.1 EXAMINATION A. Verification of Conditions: Verify that field measurements, surfaces, substrates and conditions are as required, and ready to receive Work. 1. Verify that all areas to receive lawns are clear of stones larger than one (1) inch diameter, weeds, debris and other extraneous materials. 329200-5 TURF AND GRASSES 2. Verify that grades are within one (1) inch plus or minus of the required finished grades. Report all variations in writing. B. Soil Moisture: Inadequate Moisture: Do not commence work of this section when soil moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. Apply water, as necessary, to bring soil to an optimum moisture content for planting. C. By beginning Work, Contractor accepts conditions and assumes responsibility for correcting unsuitable conditions encountered at no additional cost to the owner. 3.2 PREPARATION A. Examine rough grade, verify elevations noted on the Drawings, observe the conditions under which work is to be performed, and notify Owner's Representative of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Owner's Representative. Beginning of installation means acceptance of existing site conditions. B. Thoroughly rip/disrupt/break up/shatter the soil to a minimum depth of eight (8) inches, preferably deeper due to typical construction site compaction. Re -compact to industry standards using a standard gill or comparable piece of equipment. Remove non -soil materials and construction debris such as wood, rock, brick, cement, pipe, sheetrock, metal, paint, plastic, glass, etc. and unacceptable clays, then re -grade subsoil to established grades for proper drainage. C. Note that an existing lawn sprinkler system may be adjacent to the site or in areas of lawn area to be repaired, in which case it will be necessary to stake heads and to take necessary measures to prevent damage to system. Unless it has rained at least one (1) inch within twenty (24) hours prior to planting, water lawn areas thoroughly to provide a moist, not wet, bed before planting. D. Insure positive drainage away from building and all planting areas adjacent to the building. Insure positive drainage at all lawn areas. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. E. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be seeded. Remove contaminated subsoil. 3.3 AREAS OF APPROVAL A. Delineate the area scheduled for sodding on the site using the drawing to scale the shape and size of the planting area. B. The Owner's Representative shall approve the area delineated to receive sod prior to planting. 3.4 PREPARING SOIL & FINE GRADING FOR SODDED AREAS A. Note: During hauling operations, keep walkway and roadway surfaces clean. Promptly remove compost or other material. B. Weed removal: 1. If site has been freshly graded, compacted or disturbed due to construction efforts, water site for minimum two weeks to encourage weed germination and growth. (If site was graded more than two (2) weeks prior, watering is not needed to encourage weed growth.) 2. Area scheduled for lawn grass: Totally remove all grasses and weeds, unless directed otherwise by Owner's Representative. Apply a non -selective herbicide (e.g. "Roundup" or approved equal) to thoroughly exterminate existing grasses, weeds, or other 329200-6 TURF AND GRASSES vegetation (unless noted on the drawing or in the field by the Owner's Representative for protection) in area scheduled to receive lawn for grasses. 3. In area of existing trees to remain lightly scarify the soil to remove seedlings and other ground vegetation to a depth not to exceed two (2) inches. Keep all scarification a minimum of eight (8) feet from the base of all trees. If exposed roots are on the surface of the soil DO NOT SCARIFY. C. Remove branches, roots, weeds, rocks, trash and other material foreign in nature from the existing stockpiled topsoil prior to placing topsoil or use imported topsoil if no suitable stockpiled topsoil material is available. D. Once subsoil is lightly but firmly re -compacted, spread topsoil over areas to be sodded to a depth which will produce a two (2) inch depth minimum after natural settlement and will conform to finish lines, grades and elevations. Add this soil from the outside of the site in, so the subsoil and topsoil create an interface (mingled) layer instead of two distinct layers with the possibility of a pan layer being generated. DO NOT add additional topsoil over root zones of existing trees. E. Do not drive over re-graded/scarified subsoil clays - dump topsoil on the outside of the site and with a tractor/dozer push topsoil onto scarified clays. Make equipment ride on top of topsoil as this will allow topsoil to partially mix with subsoil clays creating an interface layer instead of a compacted pan layer. F. Fine grade, level and scarify with a weighted spike harrow, spike float drag, or by hand raking. Leave no depressions, ruts, soft spots or humps. Finish to lines or elevations shown and parallel to proposed finished grade, as approved. Maintain positive drainage on site. Remove rocks, clods, weeds, trash or debris from area to be sodded. Remove rocks and other foreign materials one (1) inch or greater in any dimension. Legally dispose debris off site. G. Place and spread compost over topsoil to depth which will produce a three (3) inch depth after natural settlement and will conform to finish lines, grades and elevations. Till or disk topsoil and compost to five (5) inch minimum depth into existing subsoil to eliminate slip -plane between the three (3) materials and to prepare an acceptable bed for sod. Make a minimum of one pass to break up clods and integrate compost evenly into the existing soil. Penetration of soil to a depth of five (5) inches is desired to encourage dormant seed grass and weed growth. Do not till if soil is wet. H. If soil or weather conditions are unsuitable, cease compost operations. Resume compost operations when proper conditions prevail. Second weed and grass removal in areas scheduled for sodded grass: Water tilled and fine graded areas to receive grass three (3) weeks prior to sodding to encourage additional disturbed weed and native grass germination and growth. Apply a nonselective herbicide to thoroughly exterminate existing grasses, weeds, or other vegetation (unless noted on the drawing or in the field by the Owner's Representative for protection) in areas scheduled to receive sodded grasses. Totally remove all grasses and weeds, unless directed otherwise by Owner's Representative. J. If weeds should germinate prior to sodding, hand pull or re -apply herbicide by wick method to eradicate weeds, but do not injure grass. 3.5 SODDING After soil preparation (Section 3.4) is approved by the Owner's Representative, commence with sodding. A. Scope of work: Refer to the plans for the location of areas to receive sod. Sod will also be required in areas designated for lawn seeding that exceed 4:1 slope, unless noted otherwise on the drawings. Delineate areas to receive sod and receive approval for area by Owner's Representative prior to planting. B. Sod bed preparation: 329200-7 TURF AND GRASSES 1. Place compost as specified. 2. Compact compost with lawn roller or tractor roller to final compacted thickness as approved. C. Laying Sod: 1. Time frame for laying sod is from April 15 to October 15. 2. Extend or reduce specified period for laying sod as approved and as necessitated by weather and soil conditions. 3. Final selection of sod: As approved. 4. Do not lay sod when sodding area is muddy or frozen nor when sod is frozen. When soil surface is hot or dry, wet soil to a depth of two (2) inches, six (6) to eight (8) hours prior to sodding. 5. Lift sod from trucks or storage piles and place by hand with close joints and no overlapping. When Beck Roll of sod is used, lay as specified and in accordance with the supplier's instructions. 6. Lay first row of sod in straight line. Place subsequent rows parallel to and tightly against each other. Stagger lateral joints to promote more uniform growth and strength. Do not stretch sod. On slopes, lay sod parallel to contours of slope. 7. Peg sod placed on slopes 2:1 or greater. Peg each strip or section of sod with at least two (2) stakes not more than two (2) feet apart. Use stakes one-half (%) inch by one (1) inch by twelve (12) inches driven flush with top of sod so that roots are in contact with topsoil. 8. Water sod immediately to prevent excessive drying during progress of work. Sod which dries out will be rejected. 9. Roll entire area as sodding is completed in one section so that sod is without surface irregularities, such as depressions and high spots. 10. Sod strips for preventing erosion at edges of compost seeded grasses to be installed after installation of compost seeding. 11. Irrigate immediately after rolling to wet underside of sod and one (1) inch of soil immediately below. 3.6 ESTABLISHMENT PERIOD AND REPLACEMENT A. The establishment period for sodding of grasses shall commence at installation and continue throughout the construction period until final acceptance by the Owner's representative. B. Maintain sodding and incidental work by performing the following and other operations of care necessary for promotion of growth so that work is in an approved condition throughout establishment period; uniform in color, quality, and coverage; and free of weeds, insects, diseases, surface damage, and other imperfections. 1. Watering: Provide labor and materials for establishment watering. a. First two to three weeks: Perform watering daily to keep sod beds continuously moist and to maintain moist topsoil to a depth of at least four (4) inches. Water during heat of day to help prevent wilting. Water with frequent, light watering and avoid runoff or puddling. Water may be needed more than once a day depending on weather conditions. Water to insure germination and root growth for reseeding work. b. Remaining weeks: Perform watering weekly, decreasing frequency and increasing amount per application to encourage deep root growth. Water more frequently as needed for germination of reseeding. Water during heat of day to help prevent wilting. C. Eliminate weeds that emerge in a timely fashion mechanically and/or with an organic herbicide. Use an herbicide that will not injure the newly sodded grass and apply according 329200-8 TURF AND GRASSES to manufacturer's recommendations. The Contractor should allow for a minimum of two (2) herbicide applications of areas scheduled for grasses during the establishment period. D. Mowing: Turffalo grass native grass lawn areas. 1. Mow Turffalo grass when it reaches a height of four (4) inches. Do not mow until sod is firmly rooted and securely in place. Mow to height of two (2) inches at first cutting. Thereafter, do not remove more than one-third (1/3) of grass leaf at any cutting and mow only to enhance root growth. After grass is established, mow only once every three (3) months until final acceptance. E. Rolling and reshaping: Roll to maintain uniform surface. Roll to eliminate uneven places in sod. Reshape soil surface to maintain positive drainage. Re -sod to provide 100% coverage. F. Applying herbicides, fungicides or insecticides: 1. Apply as needed to insure one hundred (100%) coverage of native grass that is weed, disease and pest free. 2. Apply in spray form by certified applicator. a. Do not apply when temperature exceeds 80 deg. F. or during periods of drought. 3. Treat fire ant mounds as they appear with approved materials. After mound is dead, disperse soil to remove dirt mound. G. Replacing sodding: 1. During maintenance period, replace sodded areas that are dead or are in an unhealthy, unsightly, or badly impaired condition as soon as possible during specified planting seasons. 2. Make such replacements in the same manner as specified for original sodding. H. Coordinate watering schedules with other plantings during installation and until final acceptance. Maintenance Instructions: Submit two (2) copies of typewritten instructions recommending procedures to be established by the Owner for the maintenance of grasses for one full year. Submit one set of instructions to Owner's Representative for approval. Submit two (2) copies of revised instructions prior to expiration of Contractor's maintenance period(s) required under the contract. 3.7 FIELD QUALITY CONTROL A. Owner will engage an independent testing and inspecting agency to perform field inspections and tests and to prepare test reports. 1. Testing agency will conduct and interpret tests and state in each report whether tested Work complies with or deviates from requirements. B. Correct deficiencies in or remove and replace that inspections and test reports indicate do not comply with specified requirements. C. Additional testing, at Contractor's expense, will be performed to determine compliance of corrected Work with specified requirements. 3.8 CLEANING A. Daily removal of rubbish and debris caused by this work from the site. B. Keep site clean during maintenance period. 3.9 PROTECTION A. Lawn areas shall be protected against damage from the time work is started until the date of acceptance by the Owner's Representative. The moving of heavy equipment or materials over lawn areas shall be done on planks if necessary. 329200-9 TURF AND GRASSES 3.10 FINAL ACCEPTANCE A. Due to seasonal requirements, final acceptance of this section may not coincide with that of the remaining contract work. B. Request inspection for final acceptance at least ten (10) calendar days before the end of the establishment period. C. Final acceptance shall be considered the time at which warm season turfgrass areas are one -hundred (100)% established, and weed, pest and disease free with complete lush cover and no exposed soil areas showing. Weeds shall not occupy more than 2% of any 40'x401 test area. D. Replace rejected sodded areas as specified so that repair or replacement is rooted and established prior to approval. 3.11 WARRANTY A. In accordance with the General Provisions warranty for grasses shall be valid for one year after final acceptance. Replace dead materials and materials not in vigorous, thriving condition as soon as weather permits. Re -seed and re -sod areas where grasses have not established. The opinion of the Owner's Representative as to what constitutes a dead stand of grass shall be final. B. Replace grasses with same kind as originally planted at no cost to the Owner. Provide one (1) year warranty on replacement plants. Plants should be replaced at start of next season. Protect irrigation system, other piping conduit, or other work during replacement. Repair any damage immediately. C. Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects, or diseases. Warranty excludes replacement of plants due to negligence, over watering, or improper maintenance by the Owner or Owner's maintenance contractor. D. Plants will be guaranteed to be true to species, variety or cultivar as specified. TABLE 32 92 00-1 This chart indicates minimum length of time by which material samples must be submitted for approval before intended use and minimum quantity of each. Usable samples will be returned. ITEM TIME QUANTITY COMMENT SOD 7 days 3 Square feet COMPOST 7 days 1 gallon bag Professional compost HERBICIDE 7 days 1/2 pint Unopened container FERTILIZER 14 days 1 pound Provide sample of each type of fertilizer used IMPORTED TOPSOIL 14 days 1 gallon bag OTHER 7 days As directed MATERIAL or as approved. END OF SECTION 32 92 00 329200-10 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 93 00 PLANTS PART 1 - GENERAL 1.1 DESCRIPTION A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of the plants. B. Conform to the requirements of the general conditions of the contract. 1.2 SUMMARY A. Work included: 1. Providing complete landscaping as shown. 2. Excavation of plant pits. 3. Eliminating weeds — minimal two treatments. 4. Provide spike harrowing/ripping of compacted soils for beds with rain gardens. 5. Providing plant materials and related items. 6. Finished grading of planted areas. 7. Providing imported topsoil. 8. Providing expanded shale. 9. Providing organic Professional compost. 10. Providing blending of bioretention/rain garden planting media. 11. Providing topdressing mulch for bioretention/rain gardens. 12. Providing weed barrier for bioretention/rain gardens. 13. Provide container soil mix for planter pots. 14. Providing aggregate topdressing. 15. Finished grading of planting areas and rain garden areas. 16. Warranty and replacements. 1.3 REFERENCES A. The following Codes, Regulations, Reference Standards, and Specifications apply to work included in this Section and Section 32 93 00. 1. Codes and regulations of the jurisdictional authorities. 2. "REFERENCE CODES AND STANDARDS":. a. AASHTO: M288. b. ASTM: A6, C33. c. American Standard for Nursery Stock, Edition approved May 12, 2004 by American Nursery and Landscape Association (ANSI Z60.1-2004) - plant materials. d. Hortus Third, 1976 - Cornell University - plant nomenclature. 329300-1 PLANTS B. Observation at growing site does not preclude right of rejection at the Worksite. Plants damaged in transit or at the Worksite shall be rejected. C. Personnel: Perform work only with qualified personnel familiar with required landscaping methods and materials. 1.4 DEFINITIONS A. Weeds: Any plant not specified on the drawings or accepted as a substitute. 1.5 QUALITY ASSURANCE A. Source quality control: Furnish certificates of inspection of landscape materials, to accompany shipments, as required by governmental authorities or as requested for inspection by Owner. Comply with applicable federal, state, county and local regulations governing landscape materials. B. Growing location: Furnish certificates showing where materials have been grown or balled and burlapped. C. Qualifications: 1. Manufacturer: Company specializing in manufacturing Products specified with minimum five (5) years documented experience. 2. Installer: Company specializing in performing the Work of this Section with minimum five (5) years documented experience installing projects of similar size and scope. The Landscape Contractor shall furnish a list of references or previous work experience as requested by the Owner. The Landscape Contractor shall employ only skilled personnel and provide adequate supervision. 1.6 SUBMITTALS A. Provide representative quantities (1 gallon plastic bag or container) of expanded shale, silt loam, organic compost, rustic mulch, aggregate, and container soil mix. Samples shall be approved by Owner's Representative prior to installation. Attach product name, address of manufacturer and/or supplier and appropriate literature and composition of material for each sample. Literature or Product Data shall consist of manufacturer's current specifications, with catalog cuts, data sheets and installation instructions. Samples shall be submitted no less than 60 days prior to installation. 1. Insecticide(s): Manufacturer's literature for each type. 2. Herbicide: Manufacturer's literature. 3. Fertilizer: Manufacturer's literature. 4. Recycled Newsprint Roll Stock Paper: Manufacturer's literature and 12" square sample. 5. Shredded recycled newsprint paper: 1 gallon plastic bag sample and manufacturer's name and information, OR 1 gallon plastic bag sample of shredded newsprint (newspapers) - with no color slicks. B. Plant Material Samples: Submit documentation within sixty (60) days after award of Contract that all plant materials have been located and are ready to be secured. Arrange specific review procedure of plant materials at time of submission. Submittals and review shall be organized as follows: 1. Preliminary Review: Submit representative photographs for review of all plant materials in the required sizes and in available quantity at least ninety (90) working days prior to shipment to the site. 2. Submittal shall include each of these items per plant: 1) a minimum of one (1) high quality color bond image or 2) one (1) color digital image. Include one (1) set for each plant type and size required for the project. The 8-1/2" x 11" sheet/image is to include the name and address of the supplier/grower/nursery, size of the plant in the picture and Botanical and English name of the plant and variety/cultivar name. Digital submittals are preferred due to expediting time and for reduction in the carbon footprint. 329300-2 PLANTS 3. Poor quality photographs, photographs that are not in color, not labeled, or photographs which do not adequately represent the plant material will be rejected. 4. Photograph Acceptance and Nursery Review: Acceptance of material through photographs/digital images does not preclude rejection of unsatisfactory material upon delivery. The Owner's Representative reserves the right to refuse review from photographs or at the grower if, in his judgment suitable material or sufficient quantities are not available. Contractor shall insure a sufficient quantity of plants will be available whenever trips are arranged to a nursery for the purposes of tagging material for the project. 5. Specific sources of materials may be listed in the plant schedule for availability, size, quality control of plant character and for matching of specific plant growing conditions. 6. Unavailable Material: If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than fifteen (15) days after award of contract. C. Sources: Within at least sixty (60) days prior to delivery to site, notify Owner and Owner's Representative in writing of source of plant material and bed preparation materials required for the project. This data is to be furnished in addition to representative samples. D. Special Warranty: Submit written special warranty registered with manufacturer as specified in this Section. E. Provide documentation and testing of compost materials as specified in Parts 2 and 3 of this Section. F. Maintenance Instructions: Submit two (2) copies of typewritten instructions showing compliance with Landscape Maintenance Section 32 01 90 for one (1) full year. Submit to Owner's Representative for approval. Submit two copies of revised instructions prior to expiration of Contractor's maintenance period(s) required under the contract. 1.7 PROJECT CONDITIONS OR SITE CONDITIONS A. Verify and examine site conditions with the Owner's Representative. Proceed when official notice is given to the Contractor that the Work site is ready. Proceed with and complete the landscape work as rapidly as portions of the site become available. B. Planting Restrictions: Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted practice. Do not install plant life when ambient temperatures may drop below thirty-five (35) degrees F or above one hundred (100) degrees F. Commence landscaping work when the Site is free of rocks and debris. All planting areas to be left approximately five (5) inches (0.4 foot) below finished grade by others for landscape contractor to add soil amendments. All lawn areas to be left approximately one and one half (1-1/2) inches (0.1 foot) below finished grade by others for landscape contractor to add soil mix. C. Protection: 1. Do not move equipment over existing or newly placed paving without approval of Owner's Representative. 2. Provide road -boarding to protect paving. 3. Protect paving, structures and any other site improvement from damage, with protection boards, ramps, and protective sheeting D. Utilities: 1. Determine locations of underground utilities and perform work in a manner which is intended to avoid possible damage. Hand excavate, where required, to minimize possibility of damage to underground utilities. 2. Coordinate work with Owner's Representative to prevent damage to existing underground sprinkler (irrigation) system at trees. 3. Water is available on site. Refer to irrigation system drawings for proposed underground irrigation system to planter pots. 329300-3 PLANTS 1.8 ANALYSES OF SAMPLES AND TESTS A. Material for Testing: Bioretention Planting Media - mixed proportions of soil per specification or for adjustment of proportions based on test results. B. Sampling of Media: Samples shall be pulled from approved submitted mix for testing. C. Infiltration Rate Test: Submit required quantity of Contractor selected media for Infiltration Test at independent testing agency selected by Owner and paid for by Contractor. Repeat test as necessary at Contractors cost. D. Hydraulic Conductivity Test: Submit required quantity of Contractor selected media for Infiltration Test at independent testing agency selected by Owner and paid for by Contractor. Repeat test as necessary at Contractors cost. E. Testing: Pay cost of testing of materials not meeting specifications. F. Testing Agency: a certified soils physics lab or geotechnical lab. (TCU has a lab that meets these requirements.) 1.9 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer, supplier or grower. Protect materials from deterioration during delivery and while stored at the site. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product. Protect metal containers from sun during summer months with temperatures above 80 degrees F. C. Handling: Do not lift or handle container plants by tops, stems or trunks at any time. Do not bind or handle plants with wire or rope at any time. D. Plant Materials: 1. Deliver plants after preparations for planting have been completed and plant immediately. 2. Preparation: a. Balled and Burlapped (B&B) Plants: Dig and prepare shipment in a manner intended to protect roots. foliage and branches from damage and protect the shape, and future development. b. Do not deliver plants until site conditions are ready for planting. If planting is delayed, heel -in bare rooted or freshly dug plants in a bed containing adequate peat moss to keep roots moist. Separate bundles and trim roots, if long or damaged, using sharp pruning shears. Place plants in flats, pots, or other containers in a sheltered spot protected from sun, wind and mechanical damage and keep roots moist. Storage is at Contractor's own risk. 3. Plants should bear label from the grower certifying genus and species. Labels should be securely attached and waterproof bearing legible designation of botanical and common name. Plants not labeled may be rejected. E. Damage: Protect plant material in transit and at the site. Material not properly protected and which is damaged will be rejected. G. Handling of Plant Materials: 1. Do not deliver plants until the site conditions are ready for planting. If planting is delayed, heel -in bare rooted or freshly dug plants in a bed containing adequate mulch to keep roots moist. Separate bundles and trim roots, if long or damaged, using sharp pruning shears. Place plants in flats, pots, or other containers in a sheltered spot protected from sun, wind and mechanical damage and keep roots moist. Storage is at Contractor's own risk. 2. Do not lift or handle any plants by tops, stems or trunks at any time. Do not bind or handle plants with wire or rope at any time. 329300-4 PLANTS 1.10 SEQUENCING A. Coordinate rough and landscape grading, soil preparation, irrigation, and other related units of Work specified in other Sections to ensure that plant material can be supported and installed as indicated. 1.11 SCHEDULING A. Submit a proposed work schedule to the Owner's Representative for approval at least sixty (60) days prior to start of work under this Section. After approval, no modification shall be made to this schedule without written authorization by the Owner. B. In general, the work shall proceed as rapidly as the site becomes available, consistent with normal seasonal limitations for planting work. 1.12 WARRANTY A. General: Warranties specified in this Section shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and shall be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. B. In accordance with the General Provisions, warranty for plants and trees shall be valid for one year after final acceptance. Replace dead materials and materials not in vigorous, thriving condition as soon as weather permits. Replace plants, including trees, which have partially died thereby damaging shape, size, or symmetry. The opinion of the Owner's Representative as to what constitutes a dead plant shall be final. C. Replace plants with same kind and size as originally planted at no cost to the Owner. Provide one (1) year warranty on replacement plants. Protect irrigation system, other piping conduit, or other work during replacement. Repair any damage immediately. D. Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects, or diseases. E. Plants will be guaranteed to be true to species, variety or cultivar as specified. F. Warranty: Warrant that all shrubs and groundcover planted under this Contract will be healthy and in flourishing condition of active growth one (1) year from date of Substantial Completion. G. Replacements: As soon as weather conditions permit, replace, without cost to Owner all dead plants and all plants not in a vigorous, thriving condition, as determined by Owner's Representative during and at the end of Warranty Period. 1.13 REPLACEMENTS A. General: 1. Plant materials exhibiting conditions which are determined as being unacceptable due to workmanship by the Contractor shall be repaired and/or replaced at no additional cost to the Owner. 2. Closely match replacements to adjacent specimens of the same species. Apply all requirements of this Specification to all replacements. B. Replacement Quantities: Contractor shall be held responsible for a maximum of two (2) replacements for each failed plant, and same area of ornamental grass, perennials or groundcover planting after final acceptance during the Warranty Period. PART2-PRODUCTS 2.1 PLANTS A. General: Provide healthy, field -grown ball and burlapped plants or nursery -grown container plants, well -formed No. 1 grade from a recognized, local nursery, and of the species and 329300-5 PLANTS variety shown on the drawings, complying with the requirements of ANSI Z60.1-2004. Listed plant heights are from tops of root balls to nominal tops of plants. Provide only healthy, vigorous stock, grown under climatic conditions similar to conditions in the locality of the project and free of disease, insects, eggs, larvae, and defects such as knots, sun -scald, injuries, abrasions, or disfigurement. B. Vigor: Plants shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They shall be free of disease, insect pests, eggs, or larvae. They shall have healthy, well -developed root systems. Plants shall be free from physical damage or adverse conditions which would prevent thriving growth. C. Container Stock - Shrubs, ornamental grasses and perennials: Verify that all container stock has been grown in the containers in which delivered for at least six (6) months, but not over two (2) years. Samples must prove to be free of kinked, circling or girdling roots and with no evidence of a pot-bound condition. Do not install container plants that have cracked of broken balls of earth then taken from container. Field grown plants recently planted into containers will be accepted. Root flare of plant material shall be visible. Remove all weeds and other invasive plants from the base of the nursery plant's root container prior to delivery to site. D. Balled and burlapped shrubs shall have a root ball size of minimum of ten (10x) times the caliper. E. Nursery grown B&B material shall be well healed in for a minimum of thirty (30) days with a flush of new roots at the edge of the burlap prior to shipping. Recently dug plants will not be accepted. Do not remove self-locking tags during this pruning prior to delivery to site. Removal all weeds and other invasive plants from the base of the nursery plant's root ball prior to delivery to site. F. Shrubs, groundcover, ornamental grasses and perennials: Nursery grown, healthy, vigorous, of normal habit of growth for species, free from disease, insect eggs, and larvae. Specified sizes are before pruning and measured with branches in normal position. Plants to be well rooted and established in the container. G. Plants shall conform to the sizes and quality notes in the plant list and/or as indicated, with the exception of that larger plants than those specified may be used if approved by the Architect. Use of larger plants shall not increase the contract price. Specified sizes shall be after pruning, and plants shall be measured with their branches in normal position. H. Plants shall have normal, well -developed branches and vigorous, fibrous root systems, conforming to the specifications of the last edition of American Standard for Nursery Stock, Edition approved May 12, 2004 by American Nursery and Landscape Association (ANSI Z60.1- 2004). Pruning: Do not prune plants before delivery. If pruning is necessary, prune with direction from Owner's Representative (Landscape Architect). J. Plant protection during shipping: Wrap canopy of plants prior to loading to ensure that branch structures are protected and that wind damage is minimized. Shrubs and smaller plant material will be handled and loaded to protect character and form of each plant. Removal of protection strapping and wrapping shall be handled with care to prevent damage to the plant material once it is delivered to the site. Damaged materials will be subject to rejection. 2.2 IMPORTED TOPSOIL (if required) A. Sandy Loam (Imported topsoil): sandy loam topsoil which is friable, fertile, dark loamy soil, free of clay lumps, subsoil, stones and other extraneous material and free of weeds and foreign grasses. Loam containing dallisgrass and nutgrass (nutsedge) will be rejected. Physical properties as follows: 1. Clay: between 10 and 20 percent 2. Silt: between 20 and 30 percent 3. Sand: approximately 60 percent 4. Organic matter: between 5 and 15 percent of total dry weight. 329300-6 PLANTS 2.3 EXPANDED SHALE (component of bioretention media and container soil mix) A. Expanded Shale: shall be rotary kiln expanded shale and clay lightweight aggregate as manufactured and supplied by Texas Industries, Inc. (TXI), Dallas, (972-647-3806) or equivalent as determined by the Owner's Representative. 2.4 SILT LOAM (component of bioretention media) A. Silt Loam: friable, fertile, dark silty/loamy soil, free of clay lumps, subsoil, stones and other extraneous material and free of weeds and foreign grasses. Loam containing dallisgrass and nutgrass (nutsedge) will be rejected. Physical properties as follows: 1. Silt: between 50 and 88 percent 2. Clay: between 0 and 27 percent 3. Sand: between 0 and 50 percent 2.5 COMPOST - Professional Compost (component of bioretention media) A. Compost: shall be Professional Compost for mix above that is fully finished compost that has been produced by aerobic (biological) decomposition of organic matter and meets or exceeds the requirements set forth by the United States Department of Agriculture, the United States Composting Council (USCC), and State composting requirements. Compost feedstock shall include fully composted cotton burrs, local grass trimmings, leaves, brush and processed wood fiber and shall add an average of 1.1 lbs. N1, 0.13 lbs. P1, and 0.8 lbs. K1 of pure consumable organic nutrients per one 100 square feet for each inch depth added plus minerals and trace elements. Compost shall not include food waste, stable waste, treated lumber, pallets, pine bark, raw manure or mushroom compost waste. Compost shall not include any man-made materials or chemicals. Do not use mixed municipal solid waste compost since it varies from season to season. Ensure compost does not contain any visible inorganic refuse, other physical contaminants, or any substance considered to be harmful to plant growth. It must be turned a minimum of five (5) times and not achieve a temperature greater than 160 degrees Fahrenheit. Each turning cycle should not be shorter than fourteen (14) days minimum. Compost shall be completely composted for a minimum of 6 - 12 months. Particle Sizes 97% will pass through a 1/2 inch screen, 99%+ will pass through a 3/4 inch screen. Compost material shall have no pungent smell, but rather an earthy smell. Supporting documentation should be made available upon request. Acceptable pH compost is as supplied by Soil Building Systems, 1770 "Y" Street, Dallas, Texas 75229, (972-831-8181), attention: Baron Ablon, or equivalent as determined by the Owner's Representative. Table 1 Physical Requirements for Compost pH: 7.9 — 8.9 Maturity: germination and vigor greater than 90% in accordance with TMECC 05.05-A, "Germination and Vigor" Solvita® Compost Maturity Index: value of 7 or higher B. The contractor is obligated to provide testing of the compost at the supplier's yard and at the job site for quality assurance. C. TESTING OF THE COMPOST AT THE JOB SITE NOTE: Contractor is advised to test the designated compost stockpile at the supplier's yard prior to loading to ensure the designated pile passes the compost maturity test. If the compost does not pass the test at the jobsite, it will be rejected. 1. Use Solvita® Compost Maturity Test Kit or approved equal. Solvita® test kit shall be recently purchased and shall be stored in a refrigerator protected from heat until use at the site. (The two parameters which Solvita® measures (CO2 / NH3) are the mostly 329300-7 PLANTS frequently cited factors that correlate closely with maturity and potential phytotoxicity. Ammonia is also an odorous aerosol toxicant and is a potential worker hazard at agrocultural and compost facilities.) Provide Compost maturity test results to measure both carbon -dioxide (CO2) and ammonia (NH3) evolution and provide a Maturity Index value, useful or compost quality evaluation. Compost maturity test is TMECC Test #05-08A. 2. Provide results to Owner's Representative at the job site. 3. Physical inspection of the material shall be performed at the same time by the Owner's Representative and compared to the approved one (1) gallon sample as sent to the Lab and the Owner's Representative. 4. Owner's Representative has the right to reject the material if it does not meet the above parameters. 2.6 BIORETENTION PLANTING MEDIA A. Bioretention Planting Media (engineered soil) as supplied by Soil Building Systems, 1770 "Y" Street, Dallas, Texas 75229, (972-831-8181), attention: Baron Ablon, or equivalent high quality material as determined by the Owner's Representative meeting all flow rates and testing criteria. 1. Mix proportions as designed and tested by Texas AgriLife Extension, Plano, Texas. 2. Proportions: Professional Compost — 50%, Expanded Shale - 25%, and Silt Loam — 25%. 2.7 CONTAINER SOIL MIX A. Planter pots: Container Soil Mix as supplied by Soil Building Systems, 1770 "Y" Street, Dallas, Texas 75229, (972) 831-8181, attention: Baron Ablon or equivalent as determined by Landscape Architect. 1. pH: 7.0 — 7.4 2. Particle sizes: 98.5 5 will pass through a % inch screen and 99%+ will pass through a 3/4 inch screen 3. Proportions: pH Balanced Compost — 33 %, Expanded Shale — 33% and Washed Concrete Sand- 33%. B. Expanded Shale: see 2.3 above. C. pH Balanced Compost (pH 5.5-7): as supplied by Soil Building Systems, (972) 831-8181. D. Washed Concrete Sand: coarse sharp sand that has been washed clean of clay, silt and weed seeds. 2.8 PRE -EMERGENCE WEED CONTROL A. If weeds or lawn exist within proposed landscape areas at the beginning of work, spray with a nonselective systemic contact herbicide, as recommended and applied by an approved licensed applicator. B. Clear and remove the existing weeds upon herbicide's completed action by grubbing off all plant parts at least one and one-half (1 1/2) inch below the surface of the soil. 2.9 PLANTER POT: Refer to Section 12 93 00 for size and manufacturer. 2.10 MISCELLANEOUS PLANTING MATERIALS A. Mulch for Bioretention/Rain Garden Areas: Rustic Cut Hardwood - hammer mill processed, decomposed - heat sterilized two (2) times to remove latent weed seeds, aged for minimum two (2) months, native hardwood mulch with frayed edges, screened to remove fines. No soft green or unprocessed materials allowed. 99%+ of material will not exceed eight (8) inches in length. Material shall have no pungent odors, but will have an earthy smell. As processed and supplied by Soil Building Systems, or equivalent as approved by the Owner's Representative. 329300-8 PLANTS B. Weed Barrier for Bioretention/Rain Garden areas: shredded newsprint paper (newspapers) - without color slicks, OR shredded recycled newsprint paper as manufactured in the U.S. Available: Global Industrial at (1-888-978-7759), www.alobalindustrial.com; or Uline (1-800- 958-5463) / (1-800-295-5510), www.uline.com; or Pack Secure at (1-888-511-7225), www.oacksecure.com, or equivalent product as determined by the Owner's Representative. C. Weed Barrier under Topdressing Aggregate at Planter Pots: sheets of newsprint paper (newspapers) - without color slicks, OR recycled roll stock newsprint paper as manufactured in the U.S. Available: Global Industrial at (1-888-978-7759), www.alobalindustrial.com; or Uline (1-800-958-5463) / (1-800-295-5510), www.uline.com; or Pack Secure at (1-888-511- 7225), www.oacksecure.com, or equivalent product as determined by the Owner's Representative. 2.11 TOPDRESSING AGGREGATE - where shown in planter pots and per details A. "Green Landscape" or "Verde" granite aggregate mix (including Royal, Verde and Cactus aggregates) — at base plants in self -watering pots, graded 1/2" to 3/4", washed, as supplied by Texas Architectural Aggregate (Bilbrough Marble), Burnet, TX (800-777-2196). 2.12 HERBICIDE For initial site bed treatments during bed preparation and prior to planting: Roundup. 2.13 FERTILIZER All purpose commercial fertilizer: Complete fertilizer 10-20-10 (1:2:1 element ratio) with minimum eight (8) percent sulphur and four (4) percent iron plus micronutrients. 2.14 WATER Potable. Available on site. Part of the site will be watered by an temporary irrigation system. Refer to the irrigation specifications and plans. 2.15 MACHINERY AND EQUIPMENT A. Machinery requirements listed under this Section are NOT intended to be restrictive of specific manufacturers or models, unless so stated. Specific mention of the manufacturers is intended as a guide to illustrate the final product of the maintenance operations desired. All equipment used shall be and maintained in top working condition at all times. B. Pruning and grinding tools shall be maintained in safe, working condition, cutting edges shall be sharp at all times. C. Insecticide spreaders shall be of the hand-held or cyclone type. Vehicle -mounted or push cyclone spreaders shall be allowed. The Contractor shall be responsible for any grade, plant material (turf, trees, shrubs, etc.), or hardscape amenity (fence, pavement, arbor, steel edging, stone wall, etc.) damage caused by the spreader and the application process. Spreaders shall be in a safe working condition at all times. D. Insecticide and fungicide sprayers shall be of the hand-held, backpack, or vehicle -mounted type. The Contractor shall be responsible for any grade, plant material (turf, trees, shrubs, etc.), or hardscape amenity (fence, pavement, arbor, steel edging, aluminum edging, stone wall, etc.) damage caused by the spreader and the application process. Sprayers shall be in a safe working condition at all times. PART 3 - EXECUTION 3.1 SITE PREPARATION Examine subgrade and verify conditions under which work is to be performed. Do not proceed with work until all grading and related work is completed in a satisfactory manner so that the landscape installation can proceed. All lumps, clods, and debris over two (2) inches in diameter shall be removed from the Worksite. Delineate bed areas and receive approval from Owner's Representative prior to starting work. 329300-9 PLANTS B. 3.4 A. B. C. D. E. F. G. H. J. K. L. 3.2 BED PREPARATION AT RAIN GARDEN PLANTING AREAS A. Contractor to note that shade cloth, subdrainage pipe and bridging stone will have been installed in bottom of trench for bioretention swale. B. Contractor shall take all care to protect installation of subdrainage materials by installing vertical sleeves directly above the pipe as bioretention media is backfilled and compacted to ensure location and alignment of pipe is identified prior to tree installation. C. Upon delivery of bioretention planting media, ensure that the material is protected and is not contaminated with any materials or soils on the site prior to installation. D. Install bioretention planting media in six (6) inch compacted lifts to proctor compaction. E. Coordinate installation and placement of irrigation mainline and laterals to edges of beds at back of curb line to ensure that they are clear of tree root ball installation. F. Set beds to finished grade of media to allow for topdressing installation depth. G. Trees shall be installed per details taking care to orient below grade tree stakes to not puncture the subdrainage pipe per requirements of B above. H. Water beds to promote germination of dormant weeds and grasses, if media has been contaminated or mixed with soils containing native weed seeds prior to installation in bioretention swales. 3.3 PLANT PREPARATION AT HOLDING AREA PRIOR TO INSTALLATION AT BED AREAS A. Contractor shall completely remove all invasive weeds and plant seedlings, including their root system, that are growing at top of container or on top of the selected plant material root ball to ensure that these invasive non -specified plants do not gain foothold to establish in the planting beds and cause additional maintenance to remove. Removal and disposal of all weeds and plant seedlings shall occur prior to any plant moving for installation or placement in the planting beds. PLANTING OF BIORETENTION/RAIN GARDENS Coordinate for irrigation installation to allow for plant placement of drip finished topdressed beds. Set finished grade elevation to allow for topdressing thickness. Place prepared plants in position on bed areas before containers have been approval from Owner's Representative. The Owner's Representative reserves right to interchange or shift locations planting. Once locations have been approved with spacing by spraying locations with contractor marker . Plant in pits two (2) times greater in diameter than root balls or container diameter. Once plant root ball has been set in pit, then remove all burlap, ropes, wires and strings from the rootball prior to backfilling. If plant is containerized, then remove container prior to planting and brush off excess soil to expose root flare of plant. Score the root ball vertically at four (4) equal points around the edge prior to planting. Excavate hole and set plant depth such that the top of the root flare of the shrub/large ornamental grass/groundcover plant at the soil is one and one half (1 1/2) inch above finished grade for plants in 2 gallon and up sized containers, and one (1) inch above the top of the finished grade for plants in containers 1 gallon and smaller. Backfill to depths of root balls with planting media. Carefully settle by watering to prevent air pockets. Water in thoroughly. Top dress bed areas first with equivalent to eight (8) paper layers of shredded paper, no colored paper allowed, to provide a weed barrier. lines relative to removed. Obtain of plants prior to 329300-10 PLANTS M. Hold the shredded paper weed barrier back from the base of the plant trunk, stems or stalks to prevent covering up the root flare. N. Then top dress over shredded paper with rustic cut mulch to a settled depth of mulch at three (3) inches settled depth. O. Hold weed barrier and mulch back to keep the root flare exposed and to keep moisture away from foliage base and prevent yellowing. P. Top dressing must achieve specified depth to attain final acceptance. Q. Carefully prune plants to remove dead or broken branches and hand -rake bed areas to smooth even surfaces. 3.5 TOP DRESSING BIORETENTION/RAIN GARDEN PLANTING AREAS After planting has been completed and approved, top dress bed areas first with equivalent of eight (8) layers of shredded paper, as specified in 2.11 B., to provide a weed barrier. Then top dress bed areas and over tree root balls with rustic cut mulch at three (3) inches deep. Delay this operation until near final acceptance. Top dressing must achieve specified depth to attain final acceptance. Hold mulch back to expose the flare of the plant or tree trunk at the root ball. 3.6 PLANTER POTS WITH RELATED MATERIALS INSTALLATION A. Backfill to depths of root balls with Container Soil Mix. Carefully settle in six (6) inch compacted lifts by hand tamping and watering to prevent air pockets. Water in thoroughly. B. Place plants in center position in planter pots before grow containers have been removed. Obtain approval from Owner's Representative. C. Remove all burlap, ropes, wires and strings, if applicable, or planter container from the rootball OR tease edges of root ball to loosen roots on outside edge. D. Carefully score the root ball vertically at four (4) equal points around the edge prior to planting. E. Plant such that top of the root ball at the flare of the plant is one (1) inch above finished grade. F. Fill around root ball with Container Soil Mix in compacted lifts. Refill with soil mix all low spots and repeat compacting process until final finish grades are achieved. G. Carefully prune plants to remove dead or broken branches or fronds and provide smooth even surface for preparation of topdressing. H. Install aggregate topdressing: refer to 3.7. 3.7 AGGREGATE TOPDRESSING AT PLANTER POTS A. Verify depth of aggregate in planter pots per details and verify with Owner's Representative prior to commencing work. B. Install eight (8) layers of newspaper or recycled roll stock newsprint to provide a weed barrier. Extend up sides of planter pot one (1) inch. Hold back two (2) inches from edges of root flare. C. Green Landscape Aggregate 1. Washed graded aggregate - wash once again prior to placing to remove soils and fines. 2. Provide and install two (2) inch thick layer of washed aggregate over top of planter and to flare of plant root ball to provide finish layer of aggregate. Hold aggregate back two (2) inches for base of plant. 3. Wash aggregate once after placing. 3.8 PLANT CARE UNTIL FINAL ACCEPTANCE A. Water: When irrigation system is not operational, provide necessary hoses and other watering equipment required to complete landscaping. 329300-11 PLANTS B. Maintain plantings by watering, cultivating, weeding, raking, fertilizing, controlling diseases and pests, cleaning, and replacing plants as necessary to keep landscape in a vigorous, healthy condition as needed until final acceptance. Maintenance until final acceptance includes but is not limited to the following: 1. Weeding: Remove weeds and foreign grass over plant areas at least once a week. 2. Cultivating: Cultivate bed areas to a depth of approximately three (3) inches once a month. Care should be taken not to damage plant roots. 3. Application of approved pesticides, herbicides and insecticides shall be in accordance with manufacturer's instructions per Owner and Owner's Representative approval. Remedy damage from use of pesticides. 4. Trimming and pruning includes only removal of dead or broken branches, and treatment of pruned areas and other wounds. Do not shear any plants. 5. Disease control. B. Coordinate watering schedules during installation and until final acceptance. C. Maintenance Instructions: Submit two (2) copies of typewritten instructions recommending procedures to be established by the Owner for the maintenance of landscape work for one (1) full year. Submit one (1) set of instructions to Owner's Representative for approval. Submit two (2) copies of revised instructions prior to expiration of Contractor's maintenance period(s) required under the contract. 3.9 WEED REMOVAL A. Contractor shall obtain prior approval from the Owner's Representative before applying the approved herbicides. B. The Contractor shall be held solely responsible for plant loss due to the application of herbicides. Any loss of plant material shall be replaced at Contractor's sole expense and all plant replacements shall be of the same species and size of the existing plant materials. C. Regard all herbicides as hazardous to health and dangerous to the environment; chemicals should be handled with extreme caution and only by experienced personnel. Read and follow all label directions and apply in manner to comply with local, state and federal guidelines. Limit public access to any area recently treated with herbicides. 3.10 CLEAN-UP Keep premises neat and orderly including organization of storage areas. Remove trash and debris from excavated planting areas, preparing beds, or planting plants from Work site daily as work progresses. Keep paved areas clean by sweeping or hosing. 3.11 FINAL ACCEPTANCE A. Due to seasonal requirements, final acceptance of this section may not coincide with that of the remaining contract work. B. Request inspection for final acceptance at least ten (10) calendar days before the end of the plant care and maintenance as described in 1.13. C. Final acceptance shall be considered the time at which planting, related work and clean-up are one hundred (100%) percent completed. END OF SECTION 32 93 00 329300-12 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 33 41 14 LANDSCAPE DRAINAGE SYSTEM PART 1 — GENERAL 1.1 DESCRIPTION A. Furnish all work and materials, appliances, tools, equipment, facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of the landscape drainage/underdrain system. B. Conform to the requirements of the general conditions of the contract. 1.2 SUMMARY A. Section Includes: Providing and installing landscape drainage/underdrain system. 1. Trenching and backfilling. 2. Providing and installing all pipe, including joints and fittings, cutting pipe to conform to structures and attaching to point of connection at storm line. 3. Subsurface pipe, solid and slotted/perforated, for underdrain system at bioretention media. 4. Providing and installing drain gravel and bridging stone. 1.3 REFERENCES A. Applicable Standards: Apply the current of latest edition of American Society for Testing and Materials (ASTM). 1. D 1785-76: Polyvinyl Chloride (PVC) Plastic pipe. Schedule 40, 80 and 120. 2. Standard and perforated Schedule 40 PVC pipe and fittings conforming to ASTM D2729 sewer piping or D2665 DWV piping. 3. F-405: Corrugated Polyethylene tubing and fittings. 4. C33: Specifications for Concrete Aggregates 5. C131: Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 6. C136: Method for Sieve Analysis of Fine and Course Aggregates 7. C535: Test Method for Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 8. Standard Specifications — North Central Texas Council of Governments and City of Dallas Building Code. 1.4 QUALITY ASSURANCE A. General: Perform work in accordance with all applicable laws, codes and regulations required by the local city code, building code or university standards. 1.5 SUBMITTALS A. Product Data: Submit manufacturer's latest catalog cuts and specifications for each specified product. 334114-1 LANDSCAPE DRAINAGE SYSTEM B. Samples: 1. Solid drain pipe: Manufacturer's literature and twelve (12) inch piece of pipe. 2. Perforated Pipe: Manufacturer's literature and twelve (12) inch piece of pipe. 3. Drain Gravel: Supplier's literature and one (1) gallon sample bag. 4. Bridging Stone: Supplier's literature and one (1) gallon sample bag. 5. Horticultural shade cloth: Supplier's literature and 12"x12" sample. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver products in original factory unopened, undamaged packaging bearing identification of product, manufacturer, batch number, and expiration data, as applicable. B. Store the product in a location protected from damage, construction activity, and precipitation in strict accordance with the manufacturer's recommendations. C. Pipe: Cap openings against entry by foreign matter where required. D. Damaged Materials: Remove all damaged materials and replace at no expense to Owner. 1.7 COORDINATION A. Concealed Work: Verify and locate existing pipes, cast in place pipes for point of connection and structures to be coordinated with landscape drainage work. Review all available records and make all necessary explorations and excavations. B. Field Measurements: Establish lines and levels for each drainage system and coordinate with other systems for prevent conflicts and maintain proper clearances. C. Notification: Submit to Owner's Representative written notification of all discrepancies in the Drawings or existing conditions which preclude successful installation of landscape drainage work as specified. 1.8 FINAL ACCEPTANCE A. Review Date: Make a written request for review for Final Acceptance at least five days in advance. B. Completion: Work will be accepted upon satisfactory completion of all landscape drainage work. C. Responsibility: Upon Final Acceptance, Owner will assume responsibility for maintenance of the work. PART 2 — MATERIALS 2.1 SOLID POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS A. Marking and identification: Schedule 40 PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, size, type of pipe and material, SDR number, product standard number and the National Sanitation Foundation (NSF) seal. Polyvinyl chloride pipe and fittings PVC 1120, conforming to ASTM D1785-76, sizes as shown on the Drawings. B. Flexible PVC shall be made from virgin PVC material and shall comply with ASTM D2287. 2.2 UNDERDRAIN PIPE AND FITTINGS A. Slotted/Perforated pipe: Shall be equal to "ADS" Polyethylene N-12 smooth wall with fittings as manufactured by Advanced Drainage Systems, Inc.. Perforations shall be slotted 120 degrees apart alternating corrugations. 33 41 14 - 2 LANDSCAPE DRAINAGE SYSTEM 2.3 DRAIN GRAVEL AND BRIDGING STONE A. In accordance with ASTM C33, C131, C136 and C535. B. In accordance with the following additional requirements: 1. Drain Gravel - Size No. 57 Stone, Locally available, rounded river gravel, washed, graded and screened from 1/2 inch to 1 1/4 inch with no fines. 2. Bridging Stone - Pea Gravel - Size No. 8 Stone, washed, graded and screened to a size less than 3/8 inch with no fines. 2.4 SHADE CLOTH A. Horticultural shade cloth — 50% to 60%, knit or woven, high -density polyethylene. Color: black. PART 3 — EXECUTION 3.1 GENERAL A. Existing Utilities: Where grade or alignment or pipe if obstructed by existing utility structures such as conduits, ducts or pipes, permanently support, relocate, remove or reconstruct the obstruction. B. Deviations: Make no deviations from specified line or grade without written acceptance of change by Owner's Representative. C. Verification: Verify rim elevations of area drains relative to adjacent walls prior to beginning of work. 3.2 TRENCHING AND BACKFILLING A. When trench excavation encounters hardpan, rock, mud, quicksand, debris, or other unsuitable bedding material, trench shall be further excavated to a suitable limit as directed by Owner's Representative. ,Excavation shall then be backfilled with approved import material that will provide adequate pipe bedding. Import material will be cement stabilized sand for sections of solid PVC piping between tree pits, unless otherwise specified by Engineer. 1. Cement stabilized sand shall be used for backfilling around the solid PVC pipe and to twelve (12) inches above the top of the pipe. The remaining trench may be backfilled with excavated material, except that if said material is unsuitable for compaction, imported suitable material shall be used. The trench section at the structural soil area under the tree pit may be backfilled with excavated structural soil material, except that if said material is mixed with native soil and is unsuitable for compaction, suitable imported structural soil material shall be used. B. All trench backfill shall be compacted to (ninety five (95%) percent) relative density per ASTM D698. 3.3 PIPE INSTALLATION A. All pipe shall be installed and tested in accordance with the Standard Specifications prior to covering. B. Solid polyvinyl chloride pipe and underdrain pipe shall be installed as detailed in the plans and in accordance with the manufacturer's current printed recommendations. C. Insure all pipe has flow to discharge points. 3.4 UNDERDRAIN SYSTEM A. Excavate trench to depths and widths shown on the Drawings. 3341 14-3 LANDSCAPE DRAINAGE SYSTEM B. Set subsurface drain pipe to proper elevations and maintain a continuous flow line between all points. C. Install subsurface drain pipe permitting minor drift from side to side in trench and connect to solid PVC pipe installed where shown on drawings. Pitch pipe to connections at a gradient not less than 0.5 percent. D. Tie subsurface drain pipe to points of connection at storm line. E. Provide solid PVC pipe clean outs/extensions off subsurface drain pipe in direction of flow at maximum one -hundred (100) feet on center (min. fifty (50) feet on center) to six (6) inches above proposed surface finished grade of planting bed or tree planter area and cap with threaded sewer drain. F. Install washed drain gravel around underdrain pipe and over top of under drain pipe to provide full three (3) inch depth over top of pipe. G. Install washed bridging stone/pea gravel over top of drain gravel to provide a full two (2) inch depth. H. Wrap gravel with horticultural shade cloth as indicated on the drawings. I. Coordinate installation of all underdrain materials in conjunction with installation of bioretention planting media per Section 32 93 00 to prevent contamination of system. J. Provide protection of underdrain system until planting media is installed. 3.5 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times. B. Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish, excess materials and debris resulting from the work. END OF SECTION 33 41 14 33 41 14 - 4 APPENDIX GC-4.01 Availability of Lands • None GC-4.02 Subsurface and Physical Conditions • None GC-4.04 Underground Facilities • See Plans GC-4.06 Hazardous Environmental Condition at Site • None GC-6.06.D Minority and Women Owned Business Enterprise Compliance • MWBE forms o Subcontractor/Supplier Utilization Form o Prime Contractor Waiver Form o Good Faith Effort Form o Joint Venture Eligibility Form GC-6.07 Wage Rates GC-6.09 Permits and Utilities • None GC-6.24 Nondiscrimination • Forrn PR-1273, "Federal Requirements for Federal Aid Construction Contracts" GR-01 60 00 Product Requirements • See TxDOT Specification Manual CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 /8 558 CITY PROJECT NO. 01834 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CS : 0902 48 558 CITY PROJECT NO. 01834 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 Fa RT Wow City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY DELIVERED LIAR 0 1073 If the total dollar value of the contract is $25,000 or more, the DBE goal is applicable. If the total dollar value of the contract is Tess than $25,000, the DBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort Form, if no participation: 4. Prime Contractor Waiver Form: 5. Joint Venture Form, if goal is met or exceeded: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days opening date, exclusive of the bid opening date, after the bid after the bid after the bid FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 5/30/03 FORT WORTH ATTACHMENT IA Page 1 of 3 CITY OF FORT WORTH Disadvantaged Business Enterprise Office Schedule of Subcontractors/Suppliers RIME COMPANY NAME: CP 5 C_ e V i i/ t..-L- C PROJECT NAME:-`janak` . .HrSvn �L (A{bOth V;(10ilc c5t1,,tziL5ect e, � ► PROJECT NUMBER: O i $ 'i `i/ `CITY'S DBE PROJECT GOAL: / f Please read the following statements prior to executing this form. ❑ DBE El-i/i ( Et -NON MIW,DgE BID DATE: t%Z--/ Z g / J 3 Prime's DBE GOAL COMMITMENT: Bidders/Offerors must provide information on all prospective subcontractor(s)/suppliers who submit bids/quotations in support of this solicitation. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non -responsive to the bid specifications. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous years annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the prime contractor is responsible to identify the amounts to be used toward the committed DBE goal. IIf hauling services is utilized, separation of dollars for haul -in and haul out is required. In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck used on the contract. The DBE may lease trucks from another DBE firm, including DBE owner - operated and receive full DBE credit. The DBE may lease trucks from non -DBEs, including owner -operators, but will only receive credit for the fees and commissions Rev. 5/30l03Re /4Ma FORT WORTH d in the lease agreement. Note: Be mindful of the 60% rule. CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS ATTACHMENT 1A Page 2 of 3 Check this box 0 if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name. NAMES AND ADDRESSES OF TYPE OF WORK TO BE PERFORMED SUBCONTRACTORS/SUPPLIERS Name: [re LieV Av'ir Address: PO e," I SSN4 ColitovtLte. L003,--t Phone: Sr -51-i Fax: 2-0/i $AMOUNT: Email: f b2ynardo frem e441d Contact Person: V„ - - Hitna.5 Name: gl,tr`5 &ccrrtCokd Address: 3--a5 C- Con,try 1 io(4-LJor h�� (t Phone: gl }- 555->13Q' Fax: i(}-S5 31-}t I $ AMOUNT: Email: 56‘.2..1b,bm .s(aarric4o&Scc'M $ /w/ 000 3 f Contact Person: cke/h,� /13K,,to lI� / Name: R6,1 I ! . eo Type of Work: • Address: y31 A Ntc rt 51- ed- CO Gv e Sv?pU - E kAte 55 -(O ot—t t� Phone: 2I1.-g t,lpp Fax: 2' (1-- $3Gi o cf q $ AMOUNT: Email: j yy wt �r�r,��5—coracrz•c�ra, Contact-Person:.nevn (-rc1vav, Name: Aiitnortcdv, L..ardtscape'v� Address: i"3-1?0 lLi:dwa got LAA.' 5viItt $05(� Phone: qqz_ y $ if- 5r 56 Fax: $ AMOUNT: Email: awacan2r,canQhdsct.PesYs rhs co*. , Q01 00 ° Contact Person: ttrovki A 5k4.... Type of Work: v.hal-t- inntll nc) (� 000 11-- Type of Work: RI coo-f— Type of Work: L-(2061.5(api!'1, 1(r;OCM'loh s Specify CERTIFIED DBE FIRM Tier Yes I� No Certified By: NCTRCA TXDOT Yes y No Certified By: NCTRCA By:_ TXDOT PREVIOUS YEARS ANNUAL GROSS RECEIPTS _ less than $500K $500K - $2 mil. $2 mil _ $5 mil _ more than $5 mil. _ less than $500K $500K - $2 mil. __$2 mil_ $5 mil _ more than $5 mil. Yes less than $500K yNo _ $500K - $2 mil. ePN $2 mil_$5 mil Certified By: more than $5 mil. NCTRCA TXDOT Yes X No Certified By: NCTRCA TXDOT less than $500K $500K - $2 mil. _ $2 mil _$5 mil _ more than $5 mil. Rev. 5/30/03ae«-s4ema 1 FORT WORTH NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: ✓kg ay, .,, 61.e 1 Ca 1 Address: \ O (, » . pcve nir...e. At ® 1- SQ�� Ph ne: 2i�-t-850_Q553 Fax: et/I0r Email: rnav►rr .--eateLcor*:,541,‘c.o.c,ain"• Contact Person: M ctvi !�'�G�f%i1/0_ 7 Name: /a-w\2Y'ic4,t,\ 5(-r P:nS Co - Address: k 55I R-a.venu;. aQ . 151.52-53 Phone: 13,z- 5S'�- g5G 5 Fax: d -SSA.- Lf C1 5-0 Email: aNtt€(1cao94.-n �n msvj. cc,rn Contact Person: /JO; ( e CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS! TYPE OF WORK TO BE PERFORMED Type of Work: j I -. CA—e c E $ AMOUNT: g1/O0b 1/ Type of Work: c)Gvvel vl±- J a✓L(v $ s s ; ov cL $ AMOUNT: f/ ATTACHMENT 1A Page 3 of 3 Specify CERTIFIED DBE FIRM PREVIOUS YEARS ANNUAL Tier GROSS RECEIPTS S'vb Yes F No Certified By: NCTRCA TXDOT Yes X No Certified Bx:, NCTRCA lA TXDOT less than $500K $500K - $2 mil. __$2mll_$5mil more than $5 mil. _ less than $500K _ $500K - $2 mil. $2mil _$5mil more than $5 mil. The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. LL A 0-zed S4gratu P ecf- v . Title c p s i'w 11 L.L C Company Name Z E 5 C re 54- Lat ve Address 1,1i(It'ati)v1►l!)(W �5i3 BES MUST BE CERTIFIED BY THE CITY OF FAlj � RT WQth/RTH BECORE CONTRACT AWARD .cam Printed Signature avvi Q C1on2act Name and Title (if different) -'Z-Le-3- -2-9 hD /2-952- Phone Number Fax Number C k-, (0()9),5C7vt€•C0rYt Email Address Rev. 5l30I03w44 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ:• 0902 48 558 CITY PROJECT NO. 01834 General Decision Number: TX120035 01/06/2012 TX35 Superseded General Decision Number: TX20100042 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 01/06/2012 SUTX2011-007 08/03/2011 Rates CONCRETE FINISHER (Paving and Structures) $ 14.12 ELECTRICIAN $ 19.80 FORM BUILDER/FORM SETTER Paving & Curb $ 13.16 Structures $ 13.84 LABORER Asphalt Raker $ 12.69 Flagger $ 10.06 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Pipelayer $ 13.24 Work Zone Barricade Servicer $ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 15.32 Asphalt Paving Machine $ 13.99 Broom or Sweeper $ 11.74 Concrete Pavement Finishing Machine $ 16.05 Concrete Saw $ 14.48 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom over 80 Tons $ 20.52 Crane, Hydraulic 80 Tons or Less $ 18.12 Crawler Tractor $ 14.07 Excavator, 50,000 pounds or less $ 17.19 Excavator, over 50,000 Fringes pounds $ 16.99 Foundation Drill , Truck Mounted $ 21.07 Foundation Drill, Crawler Mounted $ 17.99 Front End Loader 3 CY or Less $ 13.69 Front End Loader, over 3 CY$ 14.72 Loader/Backhoe $ 15.18 Mechanic $ 17.68 Milling Machine $ 14.32 Motor Grader, Fine Grade.. $ 17.19 Motor Grader, Rough $ 16.02 Pavement Marking Machine.. $ 13.63 Reclaimer/Pulverizer $ 11.01 Roller, Asphalt $ 13.08 Roller, Other $ 11.51 Scraper $ 12.96 Small Slipform Machine $ 15.96 Spreader Box $ 14.73 Servicer $ 14.58 Steel Worker (Reinforcing) $ 16.18 TRUCK DRIVER Lowboy -Float $ 16.24 Off Road Hauler $ 12.25 Single Axle $ 12.31 Single or Tandem Axle Dump Truck $ 12.62 Tandem Axle Tractor with Semi Trailer $ 12.86 Transit -Mix $ 14.14 WELDER $ 14.84 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that- date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION A