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HomeMy WebLinkAboutContract 44846 (2)CIN S�C�ETARY D.4.E: F�L�E _ corv���s,eo�n� co. CONSTRI��Tl0�1'S �GOP'i� G�I�NT DEPAR�MENT F�RT �ORTH PROJECT MANUAL FOR TI3E CONSTRUCTION OF Handley U�ban Village OItY �QRI�Y� L G/ �, CONTRAGT N0. CSJ: 0902 48 558 FEDERAL AID PROJECT NO. TCSP TC03 (001) CITY PROJECT NO. 01834 DOE NO. 4956, K-2235 Betsy Price Mayor Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works Department Prepared for The City of Fort Worth Planning and Develop�nent December 2012 Prepared By � FREESE I aNICH�LS 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 SEP 12 ��13 ���EI��ED SEP 2� ��i3 �ECEI\�CD SEP 2 3 �Gi3 CSJ: 0902 48 558 Project: TCSP TC03 (001) County: Tarrant ENGINEER SEAL The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, Generai 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. �������`� : �,�P��� oe � �F� s�l 0 �� i � °o � o° �rl,I � aooaoe000aaaa0o�000mom�oao � � CHRIS B. BOSCO / � o000000�oe00000eooeoosoo o / ���� �0 93679 0��% w � �� o�/C�NS�Dm \�= ,1,,������ ��G= ,?,r�� d Y °�' �d ��1� FREESE AN NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 00 00 00 - i TABLE OF CONTENTS Page 1 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 45 11 Contractors Prequalification 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 39 Disadvantaged Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions TaLDOT Requirements • Disadvantaged Business Enterprises (DBE) Requirements • Child Support Statement • Disclosure of Lobbying Activities • Non-Collusion Aff'idavit and Debarment Certiiication � Certification of Interest • Contractor's Assurance • Seals Page • General Notes • T�OT Specifications List � Special Provisions • Special Specifications � Federal Requirements for Federal-Aid Construction Contracts (PR-1273) •"Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation June 1, 2004" — Incla�ded by Reference Division O1 - General Requirements O1 11 00 Summary of Work O1 25 00 Substitution Procedures O1 31 19 Preconstruction Meeting O1 31 20 Project Meetings O1 32 16 Construction Progress Schedule O1 32 33 Preconstruction Video O1 33 00 Submittals O1 35 13 Special Project Procedures HANDLEY URBAN VILLAGE CSJ: 0902 d8 S58 CITY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 000000-z TABLE OF CONTENTS Page 2 of 3 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 O1 45 23 O1 50 00 O1 55 26 O1 57 13 O1 58 13 O1 60 00 O 1 66 00 O1 71 23 O 1 74 23 O1 77 19 017823 O1 78 39 Testing and Inspection Services Temporary Facilities and Controls Street Use Permit and Modifications to Traffic Control Storm Water Pollution Prevention Plan Temporary Project Signage Product Requirements Product Storage and Handling Requirements Construction Stalcing Cleaning Closeout Requirements Operation and Maintenance Data Project Record Documents Divisiorrs 02-34 Itzcl�trded by Refere��ce Division 02 - Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete Division 12 — Site Furnishings 12 93 00 Site Furnishings Division 26 - Electrical 26 OS 00 Common Worlc Results for Electrical 26 OS 10 Demolition for Electrical Systems Division 31— Earthworlc 31 10 00 Site Clearing ** (included in manual) ** Division 32 - Exterior Improvements 32 O1 30 Operation & Maintenance of Site Improvements ** (included in manual) ** 32 84 00 Irrigation ** (included in manual) ** 32 92 00 Turf and Grasses ** (included in manual) ** 32 93 00 Plants ** (included in manual) ** 32 11 23 Flexible Base Courses 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 16 13 Concrete Curb and Guttets and Valley Gutters 32 17 23 Pavement Marlcings Division 33 - Utilities 33 OS 10 Utility Trench EYcavation, Embedment, and Backfill 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 OS 20 Auger Boring 33 OS 26 Utility Markers/Locators CITY OP' FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 HANDLEY URBAN [�/LLAGE CSJ: 0902 d8 558 CITY PROJECT NO. 01834 1 2 3 4 5 6 7 8 9 10 11 12 13 000000-3 TABLE OF CONTENTS Page 3 of 3 33 41 10 Reinforced Concrete Storm Drain Pipe Culverts 33 41 14 Landscape Drainage System ** (included in manual) ** 33 49 20 Curb and Drop Inlets Division 34 - Transportation 34 41 30 Aluminum Signs 34 71 13 Traffic Control Appendix GC-6.06 Disadvantaged Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 NANDLEY URBAN VlLLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 M&C Review �.;. � �_ �° ar ��! � _ �� �_ Page 1 of 3 Official site of the City of Fort Worth, Texas �'ORT ��'URTf I �_...-���� �:a�� ���� � s___.�� �v� _�, �,_....�_ __.._�� =L.o..,,_.� ����._��� r,_��.. �n,�._� _. �__ ���.�..w _:�,r � _ dw . � �� COUNCIL ACTION: Approved on 9/10/2013 w� rv�.���.�,v.�_�:��.�a��. ���.v ;�_�ti�.._��_��.�ti w.�.�r�k.M. ���."���u�._�_� .� �_ _,� ti� �,,�... �_�.�_���� s�.e... , DATE: •� 9/10/2013 REFERENCE NO.: **C-26417 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: 0606HHUVRVSD � SUBJECT: Authorize Termination of City Secretary Contract No. 44449 with CPS Civil, LLC, for Construction of Pedestrian and Streetscape Improvements in the Historic Handley Urban Village on East Lancaster Avenue Between Forest Avenue and Handley Drive, Authorize Execution of a Contract with The Fain Group, Inc., in the Amount of $277,741.55 for the Same Project, and Provide for Survey, Materials Testing, Inspections and Contingencies for a Project Total in the Amount of $349,309.22 (COUNCIL DISTRICT 5) ����ti��.__��__� ..,., ��r.v.,.,u �.��_.�� �. .,.� �.s�,,. ,. __� . k.��,�� � ...�� .m � ��N ry .t�� �.��r s ,. _ RECOMMENDATION: It is recommended that the City Councii: 1. Authorize the termination of City Secretary Contract No. 44449 with CPS Civil, LLC, for construction of pedestrian and streetscape improvements in the Nistoric Handley Urban Village on East Lancaster Avenue between Forest Avenue and Handley Drive; and 2. Authorize the execution of a contract with The Fain Group, Inc., in the amount of $277,741.55 for construction of pedestrian and streetscape improvements in the Historic Handley Urban Village on East Lancaster Avenue between Forest Avenue and Handley Drive. DISCUSSION: ' This Mayor and Council Communication seeks approval to replace a non-responsive contractor, CPS Civil, LLC, with the Fain Group, Inc., for construction of pedestrian and streetscape improvements in the Historic Handley Urban Village (HHUV) on East Lancaster Avenue between Forest Avenue and ; '� Nandley Drive. On May 14, 2013 (M&C C-26242), the City Council authorized the execution of a contract in the amount of $267,176.00 with CPS Civil, LLC, for construction of the HHUV project. The contract was executed but the notice to proceed has not been issued and no funds had been expended by the contractor on the project when the City received notice on May 29, 2013 from TxDOT that CPS Civil, LLC, had failed to meet the pre-qualification requirements of the State, a requirement spelled out in the bidding documents. Staff was notified by TxDOT after the initial Mayor and Council Communication approval that CPS Civil, ��C, was a non-qualified and non responsive bidder due to a failure to submit pre-qualification documents. The Historic Handley streetscape project will be funded by a federal and state grant previously approved and accepted by the City Council (M&C G-14062 and M&C G-17663). These grants subject the Historic Handley streetscape project to regulations from Texas Department of Transportation (TxDOT) and Federal Highway Administration (FHWA). One regulation requires a contractor to be prequalified by TxDOT in order to work on a federally funded project. A Special Provision (002-017) that outlined the prequalification requirement was part of the Historic Handley streetscape project bid package. CPS Civil, LLC, acknowledged in writing their receipt of the prequalification information but did not submit the information to TxDOT in the timeframe specified in the Special Provision. TxDOT Austin Staff wrote three separate correspondences (February 1, 2013, March 22, 2013 and April 12, 2013) to CPS Civil, LLC, reminding them to submit the required information. CPS Civil, LLC, failed to comply and was rejected by TxDOT. TxDOT has informed Staff that the next lowest bidder, The Fain Group, Inc., is prequalified by TxDOT to work on a federally http://apps.cfwnet.org/council_pacl<et/mc_review.asp?ID=1... 9/11/2013 M&C Review Page 2 of 3 funded project. CPS Civil, LLC, has been consulted and informed in writing of Staff's recommendation to rescind the contract. This action will not affect CPS Civil, LLC's, ability to bid on future City capital projects. 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: Streetsca e Construction $163,058.00 Pedestrian Li hts $50,709.55 Landsca in and Irri ation $63,974.00 Survey, Material Testing, $43,793.51 Ins ections, etc. Ten Percent Contin enc $27,774.16 Total $349,309.22 The initial lowest bidder, Struhs Commercial Construction, voluntarily withdrew its bid and, additionally, had not received prequalification status by TxDOT. CPS Civil, LLC the next lowest bidder did not receive prequalification status by TxDOT. The third lowest bidder, The Fain Group, Inc., is prequalified by TxDOT to work on federally funded projects. TxDOT's concurrence letter approving the award of the contract to The Fain Group, Inc., was received by the City on June 10, 2013. The Fain Group, Inc., has agreed to honor its bid prices. M/WBE Office - The Fain Group, Inc., is in compliance with the City's Disadvantaged Business Enterprise (DBE) Program by committing to 25 percent DBE participation on this project. The City's DBE goal on this project is 19 percent. The project was advertised for bids on January 31, 2013 and February 7, 2013, in the Fort Worth Star-Teleqram 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: The streetscape construction, pedestrian lights, survey, material testing, inspections, etc., and the contingency are funded by Federal Highway Administration, Transportation, Community, and System Preservation (TCSP) Program grant funds, the balance of which is $289,491.77, after deducting the design fee and TxDOT oversight costs. Additionally, TxDOT 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 landscaping and irrigation annual maintenance cost is estimated at $23,350 which will be covered by the Parks and Community Services Department budget, contingent upon approval of its annual maintenance budget. The final scope of the project may be scaled back in order to remain within budget The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_pacl<et/mc_review.asp?ID=1... 9/11/2013 M&C Review Page 3 of 3 The Financiai Management Services Director certifies that funds are available in the current capital budget, as appropriated, in the Grants Fund. TO Fund/AccountlCenters FROM Fund/AccountlCenters GR74 541600 022302591 $2��.�41.55 NARIOUS) Submitted for City Manaqer's Office bv: Oriqinating Department Head: Additional Information Contact: Fernando Costa (6122) Randle Harwood (6101) Patrina Newton (8068) ATTACHMENTS Handle�r MC Map.pdf http://apps.cfwnet.org/council_pacicet/mc_review.asp?ID=1... 9/11/2013 i = -� � - OU OS I S . ] AI)1)F;NL)A Fage t �t' ( i 3 4 S 6 7 8 9 t0 I1 l2 l3 t4 !S I6 17 I8 I9 zo 21 22 23 ?4 zs PROJECT: AnnEtvn UM �vo. l Haqdle�y Urban Village F1;DERAL A1D PROJEC,T NUMBF,R: CITY Plt(3JF,CT NUMBER: OWNER: CUNSULTIN(Y F.NGINEERS: DATE OF ADDENDUM; DATE OF BID OYEN(NG: CSJ: 09U2 48 S58 TCSP TC03 (p01) 01.83�3 City of Fort Worth Ereese and Nichals, Inc. 4l�551nternational Plaza, Suite 200 Fort Worth, TX 76109 (817) '�3:�7536 JANUARY 23, 2�13 FEBRUARY 28, 2013 1N5TRUCTION TO BIDDERS: Bidders shal acknowledge receipt of this addendum No. 1 on Section 00 41 00, Sic! Form, Pa�e 3 of 3 of ihe proposal. 1. CENF,RAL a. Wage Rates — Replace existin� �vage rates �vith the recently updated (1-4-2�13) vcrsion. A copy of tiie wage rates are ��ttached to this addendum for your reference. 26 This addenducn is being cotiveyed to all plan holders via email ancl City's Buzzslw w�ebsite. 27 Email del.ivery receipls sh�ll constittrte notificaEion and receipt ofthis addendum, Failure tn 28 return a signed copy of this ttddendum with the Proposal shall be grounds For renderin� the bid 29 non-rcpsonsive. A signed copy of tliis addendum shall be placed into the Proposal at the tizne of 3U bid subrnittal. 31 , 32 ,._ 33 ena Johnso ; .E's. , 34 Project Manager 35 Iteceipt cknowleciged: �y: � Co pany: �� � END OF SECTIUN c:rrY o� rox•r wo�tr�i S'1'ANDARD CONS"CRUCTION SPEC[PICATtON DUCUMENI'S RevisedJuly I, 2a11 Ilp+tdley Urban FYll�tge ( ��;l: 0902-4A-SSk CL'TY PROJEC, i' 7v0_ 01834 f� 2� r V Vi p `�.�j � _� cy o N ..r,- � r' � (' Q ,� a �( � `� � ' �V N tY tV O (V � N�.. ,r «n in w rn "r iH c:� �i. cn � � (� �p �p � O W M � M P�'T (D 4�i O A O�i 00 U�i � f0 r y� M �7 V (9 � N � O h N },�'t `° a d ci ,.. � m ry�,� v w m }+ u" ��� ai fn � w (!1 t9 iN b3 t9 � � � I� c.f `V CS N N t� �A oi !`� .- y Y W N � in in ."�ii vr a av w 'n dt in w �y �� � W� r N/ 'V' tY o 1�I tq f0 vi �f � � � M M � � �afl O�i � [� v (M M O ' .� � Q�� � 19 t9 � 4! tIi tR eM VJ i4 �M �� N '+ vs fn u9 � tn � us N � � W M � N `t N � O � � � � N ',Z 7 V N .- � [y O iA G C7 N�� w iA » �» y � r� a � r� � � N � » in in � u' � m m � � ' � � '7 C> � � N 43 `J� 0�� N ffl Vt � 4 � � 4 N en �"n vs en jtl O, $ � S= �i c�i c`�i. rai � m`�j N h- v' i m �p a c�+ r- r� cn m cv o� m � � 2 M r c`i V' Cl tJ /M � � O `C' 1•: (7 O c��> tG Oi M f- a� t7 c7 ~ � Q N�� in » in w 6s en a`�9 vi �r en u� u9 �» i9 in `9 e9 � i u� � i» vs � ��� W vo � ffi� c+� o � o ro �{ y � '� � M � 7 fV V � rf � � oi di (V [N.j N (D r � a�o � N y� a � �r,� � � � � o N P7 O t+l �� � h',. :A 4f tn M 4�Y b! tA M �A Vl �9 �.. 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'F �, 3-��.�n.��. ��a��nn�n� •� �7.���� c�f:�ic� ���� ��a�� L�e ��i:el ��i:er th�:Ei��� �;: � mc��t�i:� ��f ��intr*��t-tc�e €t}�r�*.k�:�tl���t i:� ����r��trc_�i. �f t�ie ��,*��em�:nt �? 't� r34ai 4�n7��lel�c� �rrc4 nE���t-�a���, t�a�i ���% t��tE] Mc tc7cfeitui.. ,. a� 2. �;-�I�i�rnt� px�m�e��� - ?.5���, c�� ��ici ��s� w�f ] l7� �<�i� ��r�� ��� ]� s��:ai�3 � rvot�tf�s. c�i 1u�� ittt�r���e� z��r���taten� i� tt�s���as��el. Tf:f�►� �:? <���r��ail�c�t .is:x�c31 �,x����a��.t�:+� �tx�� �t�a��x��c�#, t�ri�.25°1� ��i(� b�.. i.:� �ca�'t�.*it��i, i� :3_ )w��c�itth �ta;ytn�»E -'?S��o ��f`1f�ici:c>c�st ���tll�la�.? }zaic� a.�t�� �li� t���etl t� 3 ttic}utl�s c�f 11�i��teu�nc� a��•eer�tent �s ���rav�cl. C�t��� x�� �����i:rr��t� is Trt>.t.er��ri�ile�e� �t�� tt��.rc��°�, ti��+.�:?:�°1n ti�r1I� t���. 1 f Ic�rleiE4*i1. t� ��, �in�l p:a3=mc�nt - �?�°r"o c�i�t'rci cFr����iil �� ��i.t� ;�ft�r ftr� tc�tarth � F9 �uan�li� i��'ir�iEiite;��t�ttw� �t��i�t���2���[ is:�j�ga�zxv�t�. Ii fEi� ����.�iiie:Eit ;��. t� tts�t c4z�ttt:�l�t�tl.�ttd ���a�»����e�j,. tt��tt ��"r'A �.Fi:II l�� tc��-k����eti. *a ���trs ���G�e��l�rt� �s b�ui��� �E�t�r�w�: t� ��r t�ll �71��i tt.c�lci�t'� via ct�t���l �r�e� t,i��F'a E3�"�;;�µ=���i��7si��. '?Ak �F.�,rrta-i.� t��ti�F�r}�° ►:���ipt� stia�k t:���stt�:►�: nc�ti fic.atio�i :��ic� c�c.�ipt �t ftris adc�endut�. P�t�lktr� tc� 'r�� re��«az.it.�i��rc��i cc��i}�� �.f t[ti,� �icici:�:uci.eF�� i�i�li, tli�: I��E��ac���il s�L�zl�E L�L} �;cti��xci� [t�r �e��t#�ii�}g tll� k�icl '''-� tlrizt-��s�r���s#�e, � si�;�3e�:�a���ft:ltis ��Ed�j�r����ay �l�alE.l�� pEaee€� �rtr�� tt�t� �xE�i�a����.�k.�1�� 4�Y�k�.�� <'; k}�tf stt���ti�kc�l. ��. F� ,, . {� � � �. � � �.. -a � ��g .a��E����, �.�:. '2�' ��'44���G:� ��iFh`��!�?` �� ��eE��,�4c :n�r:��te4l�Gcl: ��: � ' ; � ���n�`� --�--.._-���--�----.._ ........................ ��� �.� ���`����� C:t�'`� �kF .���aC{i' �4"bF€Ti i 5'F;'4t'�L1.�2Q �'flty''eTP�fCTCF1iV .��PFiCtFIC;�kTEf?i E:lC1C.E)14kE;:N l5 L�s�vi3cd 3s}1} 1, 2.(11 J l.a�rid�v.-'.lefruh !-'iifi�ne r�T :t,Qllt ;tq.SS� i":Ei4' f�J2c�3�C'r P�f, r��f#:'�:( 001113-I INVI'I'ATION TO BIDDERS Page 1 of 2 6y_��M_[�1\[Qliiik� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Historic Handley Urban Village will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until { 1:30 P.M. Central Standard Tiine (CST), Thursday, February 23, 2013 }, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: • 360 LF of Curb and Gutter • 530 SY of 4" Concrete Sidewalk � Landscape Planting � 1 Irrigation System • Pavement Marlcings PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the T�OT prior to beginning work under this contract. The procedures for qualification and pre-qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be eYamined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at htt�://w��r.fortworth�ov.or�/ptu•chasin�/ and clicicing on the Buzzsaw linlc to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Fy�eese and Nichols, Inc. located at.• 4055 bzter»ational Plaza Suite 200 Fort Worth, Texas 76109 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with half size (if available) drawings: tYi100.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Village CSJ: 0902-�18-558 CITY PROJECT NO. 01834 001113-2 INVITATION TO BIDDERS Page 2 of 2 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 26 27 28 29 30 31 32 33 34 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: Febf�arcrry 19, 2013 TIME: 1: 00 PM PLACE: 1000 Throckntoyton, Plcmnif7g Co�tference Room For•t yTTor�th, Tezc7s 76102 LOCATION: Plannr�7g Confere��ce Room 209 — Locrrled on seco��d, floor � f'City Hall CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. FUNDING Any Coiltract awarded under this INVITATION TO BIDDERS is expected to be fiinded from revenues generated from gr�ants and dedicated by the Trc7��spor�tcrtio�l Cornnrari�ity ai�d Systems P��eser>>atiof� Pro��a»z (TCSP) Fzrnd to the work under this INVITATION TO BIDDERS. INQUIRIES All inquiries relative to this procturement should be addressed to the following: Attn: Dencr Joh��,so�l, City of Fort Worth Email: De�7c7.Johjaso�� cr�f'of�t���of�thtexc�s.gov Phone: 817-392-7866 AND/OR Attn: Tim S�msone, Ff•eese an�1 Nichols, L�c. Email: T.IS�Fyeese.com Phone: 817-735-7536 ADVERTISEMENT DATES Jcrnzrcr�y 31, 2013 FebT•tta�y 7, 2013 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July l, 2011 Hcrndley Ui�ban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 S�CTION 00 21 13 iNSTRUCTIONS TO BIDDERS De�ined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these iNSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, pai�tnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting dit�ectly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.23. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) malces an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequaliiication of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the worlc types requiring prequalification at the time construction work begins. 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to beginning construction1 the docuinentation identified in Section 00 45 11, CONTRACTORS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Nandley Urbart l�illage CSJ.• 0902-=18-558 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 lcey 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. EYamine 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 tl�e City. 25 26 27 28 29 30 31 32 4.1.2. Visit the site to become familiat• with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or• fiirnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Worlc. 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 Secretaty, 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 wiil 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 dc�awings of physical conditions relating to existing 45 suc•face 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 Handley Urbnn Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-=l8-558 Revised July 1, 2011 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 �le 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 Worlc, 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 malce 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 Hmidle�� Urbmt i�911age STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902-�{8-553 Revised July 1, 2011 CITY PROJECT NO. 01834 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of sucl� reports and drawings will be made available by City to any Bidder 2 on request. Those reports and dt�awings 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 4A2. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Biddec� is 6 responsible for any interpretation or conclusion dt�awn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 43. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with eveiy requirement of this Paragraph 4, (ii) that without 11 eYception the Bid is premised upon pei-forming and furnishing the Worlc 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, errois, 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 suf�icient to indicate 19 and convey understanding of all terms and conditions for performing and fur•nishing 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 Worlc, 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 Worlc 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 Supplementaiy Conditions. In the event tl�e necessaiy 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 proj ect. 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 pec•mits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH Harrdley Urbnn i�ilinge STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-�18-558 Revised July 1, 201 I CITY PROJECT NO. 01834 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throcl<morton Street Fort Worth, TX 76102 Attn: Patr•ir7a Nel-��ton, Pla�tning Dept Fax: 817-392-�4Q16 Email: Patr•incr.Netivtorr a art�i�ot•thtexcrs.gov Phone: 817-392-8068 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at htl�s •/%�•o,jeclpoifTt buzzsmv conZ/f'ort�vorth�ov/Ir�f'c�stritctuf�e%20Projects/01834%20- %20Histor•ie%20Hanc�lev%?0 Urbcrn%20Villcrge%20Pedestrian%20and%205ti�eetseaz�/ Bid%20Pcrckage?�i�blic 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be foi�feited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until iinal contract execution. Hnndle�� Urban Vi!/age CSI.• 0902-=18-558 CITY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 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 Agc�eement or incorporated tl�erein by reference to the 5 attached Bid Form. 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 Paragt•aphs 6.OSA., 6.OSB. and 6.OSC. of the General 18 Conditions and is supplemented in Section O 1 25 00 of the General Requirements. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 11. Subcontractors, Suppliers and Others ll.l. In accordance with City Ordinance No. 15530 (as amended), the City has goals for the pai�ticipation of minority business and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretaiy. The Bidder shall submit the MBE/WBE Utilization Form, Subcontt•actor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form (with "documentation) and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The Bidder shall obtain a t�eceipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non-responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 36 12. Bid Form 37 38 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 39 obtained fi•om the City. 40 41 42 43 44 45 46 47 48 49 50 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the pet•son signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Hnndley Urbnn Village CSJ.• 0902-d8-SSS CITY PROJECT NO. 01834 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affi:ced. The corporate address and state of incor•poration shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and official address. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other deliveiy system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modi�cation and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Hnndley Urbai: Village CSJ: 0902-=18-558 CITY PROJECT NO. 01834 00 21 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Biddeis may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place wher•e 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 eYecution 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 17. Evaluation of Bids and Award of Contract 17.1. City reseives the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified ot• of doubtful financial aUility or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Worlc with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sttm of any column of �igures and the correct sum thereof will Ue resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 171.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Biddec� may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactoiy manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Worlc as to which the identity of Subcontractors, Suppliers, and other persons and o1•ganizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 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 Hnndley Urbnn Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-48-558 Revised Ju1y l, 2011 CITY PROJECT NO. 01834 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 26 27 28 17.4. 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. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Not Used 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certifcates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised hily 1, 2011 Hnndley Urbnr: Village CSJ.• 0902-�18-558 CITY PROJECT NO. 01834 00 35 13 BID FORM Page 1 oF 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT �, Company Name Here The Fain Group, Inc . Address Here 1616 N Sylvania Ave . Address Here or Space City, State Zip Code Here Fort wortn, Tx �6iii END OF SEC710N !P Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "Cit�') procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may aiso be downloaded from the website links provided below. http://www.eth ics.state.tx. us/forms/C IQ.pdf http://www.ethics.state.bc.us/form s/CIS.pdf C� 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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 By: Prin d Name Here Larry Frazier Signature: Titl , esi ent Title Here HANDLEY VILLAGE - Bid Proposal Workbook(1)(1) 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 7hrockmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: 1834 Units/Sections: Base Bid 1. Enisr Into Agreement Handley Urban Village Forest Avenue to Handley Drive The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in fhe Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within tha 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, associaEion, organization, or corporation. 2.4. Bidder has not directly or indirectiy 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 coerc(ve 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 Ciiy of the benefits of free and open competition. c, "coliusive 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 Revisad 20120327 HANDLEY VILLAGE - Bid Proposel Workbook(1)(1) ooa� o0 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that work must be completed by TxDOT prequalified contractors. a.�� b. 4. Time of Completion 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 A�davit, 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 ail of the extended amounts. CIN OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revlsed 20120327 HANDLEYVILLAGE - 8(d Proposal Workbook(1)(1) ii I� . 7otal Bid 7. Bid Submittal This Bid is $0.00 February 28, 2013 submitted on � iMonth Day Year �; by the entity named below. Respec Il�.sfibmitted, By: (Signature) ar5y., Frazier . -- � . ~ ; Pnnted Name Here �' � ,'- ... - - --__ , . `' - .._. - . ; ,:. (Printed Name) Title Title:Here `-Pz�Sit�ent:� Company Coriipa�y Name Here ' T��' `�a�.n .�rts�p, zri� ^ Address Address Nere' ��Z� � �Ylvan�as_:Av� Address Here'or Space � �'-': � � � :City, State Zip_Cotle Here �'or� Wdrtk�, TX 7611� Sfate of Incorporation: ,State He�e; Texar Email: Your'EmailAtldress Here l:fraz��r�f�in�8 �am - Phone 'Your,Phone N_umber}iere 8�:'7 92'� :A388 := END OF SECTION CfTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Ravised 20120327 Corporate Seal: OD 41 OD BID FORM Page 3 oF 3 HANDLEY VILLAGE - Bid Proposal Workbook(i)(1) OD 42 43 BID pROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSAL FORM U1�TIT PRICE BID Project ltem Informa6on Bidlist Item . No. DescripHon Unit I - Removal 1 REMOVING CONC PA 2 REMOVING CONC SIDEWALKS 3 REMOVING CONC CURB OR CURB & GUTfER 4 REMOVING STAB BASEANDASPH PAV (2"-6") 17 DRILL SHAFT 24 IN 18 INS RDWY ILL ASSEM (SPE� 19 CONDT (PVC SCHD 40 2 20 ELEC CONDR NO. 6 BARE 21 ELEC CONDR NO. 6 INSUL 22 ELEC CONDR NO. 8 BARE 23 ELEC CONDR NO. 8 INSUL 24 GROUND BOX TY D 162922 25 ELC SRV TY A 120l240 060 26 REMOVAL OF CABLES Unit VI - Pavement Markings and Signin� 27 RELOCATE SM RD SN SUP 28 REFL PAV MRK N I 4" 29 REFL PAV MRK TY I 4" 30 REFL PAV MRK TY I 8" 31 REFL PAV MRK 7Y I 12" 32 REFL PAV MRK TY I V1� AF 33 REFL PAV MRK TY I � 34 REFL PAV MRK 7Y I 4" : 35 REFL PAV MRKR 1Y I-C 36 REFL PAV MRKR TY II-A-A Bidder's Application Bidde�s Proposal Speci6cadon Unit of gid Quantity Unit Price Bid Value Section No. Measure 104.2001 SY 55.00 , 13 y � 1 D4.2015 SY 340.00 2 '{p � 104.2029 LF 60.00 � 105.2D11 SY 55.00 2� ' ' Removal Tota] /, ?9 610.2071 EA 6.00 618.2D18 LF 684.00 620.2009 LF 7.00 . p 620.2010 LF 14.00 (, 620.2011 LF 7D4.00 620.2012 LF 1416.00 824.2014 EA 2.00 � 628.20D4 EA 1.00 69D.2009 LF 585.00 6 Illuminadon 7 644.2058 EA 3.00 ' 666.2002 LF 430.00 � 668.2011 LF 300.00 � 666.2035 LF 200.00 �- 666.2041 LF 70.00 � 866.2053 FA 2.00 � � 666.2095 EA 2.00 668.2110 LF 1085.00 3J 672.2012 EA 20,00 672.2015 EA 34.00 Pavement Markine'1 � � d « � � � � � ��,�,, !iC � CITY OF FORT �YORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fo�m Revised 20120120 HANDLEY VILLAGE-Bid Propasal Work600k(I)(I) i I i SECTION 00 4Z 43 PROPOSAL FORM iTNIT PRICE BID Project Item Information Sidlist Item No. Description Unit VII - Erosion Control and Landscape 37 FURNISHING AND PLACING TOPSOIL 38 COMP05TMANUFTOPSOIL BIP 39 BLOCK SODDING 40 IRRIGATION SYSTEM 41 PLANT MATERIAL (1-GAL) 44 PLANT BED PREPARATION 45 VEGETATION BARRIER 46 VEGEfATIVE WATERING 47 PIPE UNDERDRAINS 8 4 IN 48 PLANT BED MAINTENANCE 49 LANDSCAPE AMENITY PLANTING POTS 50 BIOGRD EROSN CONT LOGS 12" DIA 51 BIOGRD EROSN CONT LOGS (12") DIA REMOVE crnr or• FORr wox�n i STANDARD CONS7RUCTION SPECIFICATION DOCUMENTS Fortn Reviscd 20120120 00 42 43 BID PROPOSAL Page 2 of 2 Bidder's Application Bidde�s Proposal Specificabon Unit of B�d Quantiry Unit Price Bid Value SectionNo. Measure 1602005 CY 5.00 i ^ 161.2018 CY 9,OD 162.2002 SY 100.00 ' 170.2001 LS 1.00 �j50q� 192.2002 EA 738.00 b " 192.2004 EA 18.00 � 192.2012 CY 9.00 192.2016 SY 100.OD 192.2017 SY 289.00 � � � 193.2006 MG 9.00 v'�' 556.2012 LF 260.00 G 751.2030 CYC 26.00 0 � 1014.2001 EA 6.00 ' 1122.2048 l.F 20.OD .� ' 1122.2056 LF 20.00 S Erosion Contol and LandscapeTotal Total Bid �? ? ��� s� HANDLEY VILLAGE - Bid Proposal �Vork6aok( I)( p ���',p ?"exas epa�tment of T�a�s�o�iatio� DEW{TT C, GREER STATE HIGHWAY BLDG. • 125 E.11TH STREE7 • AUSTIN, TEXAS 78701-2483 •(512) 463-8585 I� ����„�„ � b� .�(1�,� � � 1{j j�, June 14, 2012 �Y ������ 'm � m m>a The Fain Group, Inc. P.O. Box 750 Fort Worth, Texas 76101 Dear Contractor: Your prequalification statement as of December 31, 2011 is satisfacfory and quafifies you to bid on all cla�ses of Texas Department of Transportation work through December 31, 2012. Your bidding.capacity has been set at $46,699,000.00. You may reque.st and receive bidding proposals for projects on which the engineer's estimate does not exceed this amount, less any uncompleted work under contract with the department. If we may be of further assistance, please contact us at 512-4'16-2540. Sincerely, > Brian Hohle Manager, Contract Letting and Contractor Prequalification TxDOT Vendor Code #: 12842 THETEXAS PLAN FiEDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALI7Y PRESERVETHE VALUE OFTRANSPORTATION ASSETS An Equal Opportunity Employer r� � 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 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 26 27 28 29 30 31 32 33 34 35 36 37 38 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 09301. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: The Fain Group, Inc. Company 1616 N. Sylvania Ave. Address Fort Worth, TX 76111 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT § § Larry Frazier By: (Please Print) Signature: Tltle: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared �. c`� ;�.i 1- � c�,: z� c; , known to me to be the person whose name is subscribed�to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of '�� ��, �,t���,� �� ;�-� far the purposes and consideration therein expressed and in the capacity therein stated. � GIVEN UNDER MY HAND AND SEAL OF OFFICE this -;� `�� � day of � �e,l;1t � 'n, � � Zp� � � %�� � � '� �`��••�c?ti \ '� Not Public in and for e State of Texas 39 END OF SECTION �''�4 I7QNNA J CHAPPELL * * NOTARY PUBLIC 40 STAT'� (�F TEXAS �A�OF�'�e� �Y COMM. EX�? 7I12114 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Handley Urban Vi!lage CSI: 0902-48-558 CITY PROJECT NO. 01834 u r� 0o as s� VENDOR COMPLIANCE TO STATE IAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDEN7 BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be '.% Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbi�resident bidders. x B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: The Fain Group, Inc. 1616 N. Sylvania Ave. Larry Frazier (Signature) Fort Worth, TX 76111 President END OF SECTTON CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 �8t@: 09/18/13 VendorCompliancetoStateLaw.xls � F__ pRT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL 1NSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the totai dollac value of the contract is $25,000 or more, the DBE goal is applicable. If the total dollar value c _. the contract Is less than $25,000, the DBE goal is not:applicable. POLICY S7ATEMENT 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 tevel comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the Ciry's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJEC'i GOALS The City's DBE goal on this project is 19 % 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 foliowing 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 4. Prime Contractor Waiver Form: 5. Joint Venture Form, if goal is met or exceeded: X received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin 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 after the bid opening date, exciusive of the bid opening date. received by 5:D0 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 onenina date, exclusive of the bid opening date. FAILURE T� COMPt:Y WITH THE CITY'S DBE PROGRAM, WILL RESULT IN TNE BIQ BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 5/30/03 --�_.�. �,:k��_� � ��,:� 00 52 43 - 1 Agreement Page 1 of 5 2 3 4 SECTION 00 52 43 AGREEMENT AGREEMENT THIS AGRE�MENT, 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 The Fain Groun, Inc., a corporation 7 (legal description, e.g. corporation, LP, LLC), authorized to do business in Texas, acting by and 8 through 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 12 13 14 15 16 17 18 19 20 21 22 Contractor shall complete all Work as specified or indicated ii� the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work ullder the Conn•act Documents may be the whole or only a pati is generally described as follows: Construction of Pedestrian �nd Streetscape Improvements in the Historic H�ndlev Urban Villa�e on East Lancaster Street Behveen Forest Avenue and Hanclley Drive CITY PROJECT NO 01834 CSJ• 0902 48 558 Article 3. CONTRACT TIME 3.1 Titne is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 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 28 29 30 31 32 33 34 35 36 Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal preceding the actuai loss suffered by the City if the Worl< is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City in accordance with TxDOT Special Provision 000---2332 Schedule of Liquidated Damages_for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. HANDLEY URBAN t�/LLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIPICA'I'ION DOCUMENTS Revised July 1, 2011 00 52 43 - 2 Agreement Page 2 of 5 37 Article 4. CONTRACT PRIC� 38 City agrees to pay Contractor for performance of the Worlc in accordance with the Contract 39 Documents an amount in current funds of Two Hundred Seventv-seven Thousand Seven 40 Hundred rortv-one and 55/100 ............................................ Dollars (�277,741.55) 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 A. The Contract Documents which comprise the entire agt•eement between City and Contractor concerning the Worlc consist of the following: 1. This Agreement. 2. Exhibits to this Agreement: a. Bid Form 1) Proposal Form 2) Prequalification Statement 3) State and Federal documents b. Current Prevailing Wage Rate Table c. Insurance Accord Form(s) d. Payment Bond e. Performance Bond £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MWBE Committnent Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as included in the Project Manual. 6. Drawings. 7. Addenda. 8. Documentation subtnitted by Contractor• prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Ot�ders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH HfI NDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS CSJ: 0902 98 558 Revised July 1, 2011 CITY PROJEC"I' NO. 01834 00 52 43 - 3 Agreement Page 3 of 5 72 Article 6. INDEMNIFICATION 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 6.1 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 wot•k and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is snecifically intended to operate and be effective even if it is alle�ecl or nroven that all or some of the dama�es being sou�ht were caused, in whole or in nart, by any act, omission or ne�li�ence of the citv. This indemnity provision is intendecl to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against sucli claims and causes of actions. 6.2 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 allegecl to arise out of, the work and services to be performed by the contractor, its of�cers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alle�ed or proven that all or some of the ciama�es being sought were caused, in whole or in part, by any act, omission or ne�ligence of the citv. Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article 1 of tl�e General Conditions will 96 l�ave the meanings indicated ii7 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 73 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 shali 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 Tari•ant County, Texas, or the United States District Court for the 112 Nortl�ern District of Texas, Fort Worth Division. CITY OF FORT WORTH NANDLEY URBAN VILLAGE STANDARD CONSTRUC"I'ION SPECIFICA'tION DOCUMENTS CSJ: 0902 48 558 Revised July 1, 2011 CITY PROJECT NO. 01834 113 114 115 116 117 ll8 119 120 121 122 00 52 43 - 4 Agreement Page 4 of 5 7.6 Other Provisions. The Contractor agrees to pay at least minirnum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of autl�ority to sign Agreement, if other than duly authorized signatory of the Contractor. SIGNATURE PAG� TO FOLLOW CITY OP FORT WORTH STANDARD CONSTRUC"I'ION SPECIFICATION DOCUMENTS Revised July 1, 201 I HANDLEY URBAN VILLf1 GE CSJ: 0902 48 558 C[TY PROJECT NO. 01834 � I 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 00 52 43 - 5 Agreement Page 5 of 5 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least one counterpart each has been delivered to City and Contractor. This Agreement will be effective on SEP 10 2013 � 20 (which is the Effective Date of the Agreement). Contractor: � ����� �� B: ( gnature) City of i By: �.�- I�ernaiido Costa Assistant City Manager M&C C� � Z (r `-� � ��c�.,�c., (Printed Name) Address: IC�I�o 1J, ���..✓f�►1j1� CITY OP FORT WORTH STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised July 1, 2011 Date 2� / 3 HANDLEY UR6AN !�/LLAGL CSJ: 0902 d8 558 C[TY PROJECT N0. 01834 City/State/Zip: �, ���(� �(�[.�(c��� Approved as to Form and Legality: ��l— � � • `J'�2 /3 $9t�g�1S-��-v.'uv� IYI�G%is G /1'l. /��-a Assistant City Attorney PLANNING AND DEVELOPMENT DEPARTMENT Important Notice STATE OF TEXAS COMPLAINT PROCEDURES To obtain information or make a complaint You may call Westfield Insurance Company, Ohio Farmers Insurance Company, and/or Westfield National Insurance Company's toll-free telephone number for information or to make a complaint at: 1(330)887-0101 You may also write to Westfield Insurance Company, Ohio Farmers Insurance Company, and/or Westfield National Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, Ohio 44251-5001 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 Or you may write to the Texas Department of Insurance at: Texas Department of Insurance P O Box 149104 Austin, TX 78714-9104 Fax # 1-512-475-1771 Attach this notice to your Bond. This notice is for information only and does not become a part or a condition of the attached document. It is given to comply with Government Code Section 2253.048 and Property Code Section 53.202, effective September 1, 2001 0061 (3-I PERFORMANCE BOND Page l of 3 SECTION 00 61 13 PERFORMANCE BOND Bond ��0369553 THE STATE OF TEXAS § § KNOW ALL BY TI�iESE PRESENTS: COUNTY OF TARRANT § That we, The Fain Groun, Inc., known as "Principal" herein and Westfield Insurance Com�any 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 Seventv-seven Thousand One Hundred Seventv-six and no/100 Dollars ($277,741.551, 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, jointiy and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of era � n�n�� , 20_, 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 Streetscaoe Improvements in the Historic Handlev Urban Viila�e on East Lancaster Street Between Forest Avenue and Handlev Drive. CSJ•0902 48 558. Citv Proiect #: 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 shalt be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH STANDARD CONSTRUC'I'(ON SPECTFICATION DOCUMENTS Revised July 1, 2011 O1834 HANDLEY URBAN V/LL�IGE CSJ: 0902 �J8 558 CITY PROJEC"i' NO. 00 61 13 - 2 PERFORMANCE BOND Page 2 of 3 �-, PROVIDED FURTHER, that if any legal action be filed an tllis 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 autllorized agents and officers on tliis the SEP � O i0,� 1�.._.day of 2013 �EST: �, t- � i e � �� /�,� � �-(-Principal Secretary _� � � � ; � -� ; ��. Witness as to Principal ,i _ �/ L�L� � k-- �? ���� r��`�; �✓i ess as tq� ur� y Marilyn Branch CITY OF FORT WORTH STANDARD CON5TRUCTION SPCCIFICATION DOCUMENTS Revised July l, 201 I 01834 PRINCIPAL: The Fain Group, Inc. BY: ' ign t re �,: � / � ��l' � -� . Address: 1616 N. Sylvania Fort Worth, TX 76111 SURETY: Westiield Insurance Company .%'� BY, / Signature Richard W. Daiker, Attorney-in-fact Name and Title Address: 2255 Ridge Rd. #333 `_ Rockwall, TX 75087 Telephone Number; 972-772-7220 HANDLEY URBAN VILGAGE CS✓: 0902 48 558 Cl'I'Y PROJECT N0. 00 61 13 - 3 PERk'ORMANCE BOND Page 3 of 3 *Note: If signed by an officer of the Surety Company, tl�ere must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If 5urety'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 HANDLEY URBAN VILLflGE STANDARD CONSTRUC'TION SPECIFICATION DOCUMENTS CSJ.� 0902 48 358 Revised July 1, 201 I CITY PRO)GCT NO. 01834 00 61 14 • I PAYMENTBOND Page 1 of 2 THE STATE OF TEXA,S COUNTY OF TA,RRANT SECTION 00 61 14 PAYMENT BOND Bond # 0369553 § § KNOW ALL BY THESE PRESENTS: § ' That we, The Fain Group, Inc., known as "Principal" herein, and Westfield Insurance Coinpany , a corporate surety ' (sureties), duly authorized to do business in the State of Te�as, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fork 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 Seventv-seven Thousand Seven Hundred Fortv-one and 55/100..... Dollars ($277.741.55), 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, fircnly by these presents: WI�EI2EAS, Principal has entered into a certain written Contract with City, awarded the SEP 10 2013 0� , 2013, wl�ich Contract is hereby referred to and made a part hereof for al] purposes as if fully set fortl� herein, to furnish all materials, equipment, labor and otl�er accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Construction of Pedestrian and Streetscape Imnrovements in the Historic Handley Urban Viflage on East Lancaster Street, CSJ:0902 48 558, Citv Proiect #: Ql$34. NOW, THEREFQRE, THE CONDITION OF THIS OBLTGATION is such that if Principal shall pay a1) monies owing to any (and all) payment bond beneficiary (as defined i�i Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be a��d become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with tl�e provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on tl�is bond shall be determined in accordance with the provisions of said statute, C)TY OF FORT WORTH HANDGEY URBAN VI/1,AGE STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS CSJ: 0902 48 S58 Revised July l, 2011 CITY PROJECT N0. Ot 834 00 61 14 - 2 PAYMENTBOND Page 2 of 2 IN WITIV�SS Wf�REOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of SEp 10 �0�3 2013. PRINCIPAL. The Fain Group,Jnc. ATTE�T: � 1 _ =,� �ti1� � (Principal) S cretary �, % i } ,, � �..� ��;� ' . ���� �tness as to Principal ATTEST: _L� E �:c��� (Surety) Secretary De - e Kelly BY: ig ature V Z.( t���n) \ Name ancl Title r Address: 1616 N. Sylvania Fort Worth, TX 76111 SURETY: Westfield Insurance Company : ---� BY: J i !( l , �,i 'gnature Richard W. Daiker, Attorney-in-fact Name and Title i ,,/ J \ '1 �� _ ; 1;�.(�L�-°�.,_� k G� `'1tn SS as to � ure� Marilyn Branc - Address: 2255 Ridge Rd. #333 Rockwall TX 75087 Telepl�one Number: 972-772-7220 Note: If signed by an o�cer of the Surety, there must be on file a certified ext;act from the bylaws showing that this person has autl�ority to sign such obligation. If Surety's physical address is different from its mailing address, botl� must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY 0� FORT WORTH HANDLEY URBANVILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 48 558 Revised July 1, 2011 CITY PRO]ECT N0. O1 834 00 61 19 - 1 MAINTENANCE BOND Page I of 3 SECTION 00 61 19 MA.INTENANCE BOND TIiE STATE OF TEXAS COUNTY OF TARRANT Bond # 0369553 § § KNOW ALL BY THESE PRESENTS: § That we The Fain Group, LLC, known as "Principal" l�erein and Westfield Insurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Teaas, 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 1'wo Hundred Seventv-seven Thousand Seven Hundred Fortv-one and 55/100.,....... Dollars ($277,741.55), 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, �rmly by tllese presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of SEP 10 2013 , 2013 , whicli Contract is hereby referred to and a made part hereof for all purposes as if fu11y set forth herein, to furnisl� all materiats, equipment labor 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 Streetscaue Imnrovements in the Historic Handlev Urban Villa�e on East Lancaster Street„ CSJ:0902 48 558, Citv 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 NANDLEY URBAN �'ILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ,� 0902 48 558 Revised July 1, 201 I CITY PROJECI' NO. 01834 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 WI�REAS, 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, tl�en this obligation shall become nu]] and void; otherwise to rernain in full force and effect. PROVIDED, HOWEVER, if Principal sl�all fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and al) 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 tl�e Northern District of Texas, Fort Worth Division; and PROVIDED FTJRTHER, that this obligation shall be continuous in nature and succsssive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH HANDLEY UIiBAN VlLLAG6 STANDARD CONSTRUCTION 5PEC1F(CATION DOCUMENTS CSJ: 0902 48 558 Revised July l, 2011 CITY PROJECT N0. 01834 (" � 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS'WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of �c� t n �n�� � 20 13 ATT��T: � � -� �- i ' L,_ -� ��� l ��� -- - (Principal) S�cretary ., , . � �? � r ,� z� �_��� l�•Q_ ��c. _ Wifiess as to Principal ATTEST: �.��� ��� � �C���; T� (Surety) Secretary De �ie K lly , � / � � ''.'�,�' ' / G 1� i ess as tp urety Marilyn Branc'h PRINCIPAL: The Fain Group, Inc. BY: o igna e � 2i�.1�. .Q�S.�j�[M1 i Name and Title Address: 1616 N. Sylvania Fort Worth TX 76111 SURETY: Westfield Insurance Company :^ � i BY �, � 1 � Signature Richard W. Daiker. Attorne �-}�in-fact _ Name and Title Address; 2255 Rid�e Rd. #333 _ Rockwall TX 75087 _ Telephone Number: 972-772-7220 *NOTE: If signed by an o�cer 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 01= PORT WORTH STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised July l, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT N0. b 1834 THIS POWER OF AT70RNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER � AND ISSUEp PRI�R TO 04l24l12, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Atfiorney CERTIF(ED COPY P�WER N�. 4220012 01 � Wesfifield Insurance Go. Westfield National Insurance Co. �hio Fa�rme�s Insurance Co. Westfield Center, Ohio Know All Men by i'hese Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OH10 FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individualiy as a"Company" and coilectively as "Companies,' duly organized and existing under the laws of the 5tate of Ohio, and having its principal office in Westfleld Center, Medina County, Ohio, do by these presents make, constitute and appolnt RICHARD W. DAIKER, TONY FIERRO, JOHNNY M�SS, JAY JORDAN, M13TIE BECK, JOINTLY OR SEVERALIY . of ROCKWALL. and State of TX its true and lawful Attorney(s)-(n-Fact, with full power and authority hereby conferred in its name, ,'�!I place and sEead, to execute, acknowledge and defiver any and ail bonds, recagnizances, undertaltings, or other instrumenfs or confracEs of suretyship---------------------------------- -- -------- -- ---------- �-----. LIMITATION: THIS POWER OF ATTdRNEY CANNOT BE USED TO EXECUTE Nt�TE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, 012 BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate '' seal of the applicable Company and duly attested by its 5ecretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in '' ihe premises. Said appointment is made under and by authority of the fo)lowing resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any 5enior Executive, any 5ecretary or any Fidellty & Surety Operations Executive or other Execut(ve shall. be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attarney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Facf. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and a�l bonds, recognizances, contracts, agreements of indemnity and other conditional or obiigatory undertakfngs and any and all notices and documents canceling or termfnating the Company's liability thereunder, and any such instruments so executed by any such ' Attorney-fn-Fact shall be as binding upon Yhe Company as if signed by the President and sealed and attested by the CorporaCe Secretary:' ' "Be if Further Resolved, that the signature of any such desfgnated person and the seal of Yhe Company heretofore or hereafter affixed to any '' power of attorney or any certificate relating thereto by facsimlle, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to whlch it is attached:' (Each adopted at a meeting heid on February 8, 2000). ' In Wifness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE ' COMPANY have caused these presents to be slgned by their National SureYy Leader and Senior Executive and thelr corporate seals to be hereto ' affixed this 24fh day of APRIL A.D., 2U72 . . saromuiHip i„iu�utur,.�� � . a�ututri corporate �.�' ��}�,� h,� � ��,o `nN�t��'��, �e�, °''.,, WESTFIELD INSURANCE COMPANY seals �Q��. •••�•.ye � ,�`a.e;�.•-_'•'-•..'VS'• � ��5���,y'o WESTFIELD NATIONAL INSURANCE COMPANY Affixed7 yJv,,• •�• '�� � M1= o;�' '�'� ;r ����'���Q- �''�'R'''� OHIO FARMERS INSURANCE COMPANY ` � ` ��.�.�a � � � ' "' ,�r-G��T '- � = e �: ���RI�'RFp ; � � ? �,e "2a 3 m ; .Lit�11a ' m = : cs' : a tl �,��%•. r,x� ,� �'�t3� ' y : :'p ; :��. 1848 . 2�, t q �"'•�.•..w�', ga `2�i'•,., ,r` '. �` �'•..;m;..•'' m�� -:i��Yvv"� .1 . . �ftawaaxts+4°� ` ' + �*Y , ��``�`,, s'f �ii� ia' `k4 .;q� '��'�,' g By. ` State of Ohio ��' """"' � � �"1�°�"��p1,``,` Dennis i�. �aus, National Sure#y Leader and County of Medina ss.: Senior Executive ' On this 2�th day of P+PRIL. A.D., 201'L , before me personally came �ennis P. �aus to me known, who, being by me duly sworn, did ' depose and say, that he resides in Wooster, Ohio; thaf he is (Vatiional Surefy Leadei• and aenior �xecutiive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seais of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Dlrectors of said Companles; and that he signed his name thereto by Ilke order. � Notarial �ve���laUnn�aerery �p 4 Seal .�` �1 A L, S'�. • Affixed �Q:•��„f�//r �: -.r,.-�`r``...:•..., %„� y : �,f�l-=, , �� ' • r , ^ i :: -.�.. � William J. 6�ahelin, A rney at Law, Nofary Put�lic Sfate of Ohio ���+ ;! �'�o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: =, � • �'��`; ! ,.T�ofo� . i, Frank A. Carrino, Secretary oF WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certffy that the above and forego(ng is �a true and correct copy of a Power of Attorney, executed by said ' Companies, which is still in full force and effecE; and furthermore, the resoiuti�ns of the 8eards of Directors, set out In the Power oP Atkorney are in full force and effect. itt Witness Whereof, I have hereunto set my hand and affixed ifie seals of said Companies at Westfield Center, Ohio, this day of .���ta��m�ffe�- � ��•6••�r• :��5 ? �L �Ad�i� f� � s d/i' : 'sb ,r ' :ti, +ac� �,••. �`sd . � ,,,�,,,,,�,,,, `; �P-��ON�11, � � `��0> hSG�': ac�r��, ���. ;m-' =;z?'• �:0: '�,, �• ..� ..•� ` � "'���„���„���„ �� a:, 1�4� � a � ' ;:, " o SEP 10 2013 ! Ir �� /�j F . 1` + .�ECI'R$G{e� Frank #�. Carrirro, Secretary � ' / � �� � 1'HIS �NDORSEM�NT CHANGES TH� POLiCY. PL�AS� R�Ab IT CAREFULLY. CONi'�ACiCi�S' CC�I�I����I�L C�M��AL LI��ILIi'Y �R{�A��N�� EN��R�Elt��t�`T This endorsement modifies insurance provided under the following: Cc7MM��tC1Al, G�N�RAL LfABfLITY CdVE�iAG� PART A. �ndorsement - Table of Con#ents: Coveraae; Beqins on Paae: 1. �mployee Benefit l.iability Coverage .................................................................................................. 2 2. Unintentional �ailur� to l�isciose Wazards .......................................................................................... 7 3. Damage to premises Rent�d to You ................................................................................................... � d. �upplementary ('ayments ................................................................................................................... 9 5. Medical F�ayments ................................................................................................................................ 9 6. Voluntary Properiy qamage (Coverage a.) and Care, Custody or Control Liability Coverage {Coverage b.) ......................................................................................................... 9 7. 980 Day Coverage for Newly Formed or Acquired Organizations ..................................................10 a. Waiver of Subrogation ........................................................................................:..............................10 9. Automatic Additional Insured - Specified Relationships : ................................................................10 • Mat�agers or Lessors of Premises; • Lessor of Leased �quipment; • Vendors; � • State or Politicaf Sub�ivisions - Permi#s Relating io Premises; • Staie or Politicaf Subdivisior�s - Permits, and • Contractors' Operations 10. Broadetzed Contracfual Liability - Work Witl�in 50' of f�ailraad Property .........................................14 if. Property Damage to Borrowed Equipment .......................................................................................14 12. Employees as Ittsureds - Specified Health Care Services : ............................................................14 • Nurses; • Emergency Medical Technicians; and • Paramedics i3. Broadened Notice of Occurrence ......................................................................................................14 �. Limits of Insurance: The Commercial Genera( l,iabifity Limits of Ins«rance apply to tf�e insurance provided by this endorse- ment, except as provided below: 1. Employee Beneti# l.iabiiity Caverage Each �mployee Limit: $ 1,000,000 Aggregate Limit: $ 3,p00,000 Deductibfe: $ 1,000 3. Damage to Premises Rented #o You The lesser of: a. The Each (7ccurrence L.imi# sl�own in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplemen#ary Payments a. Bail bot�ds: $ b. l.oss af earriings: $ 5. Medical Paymen#s 1,000 350 Medicat �xpense Limit: $ 10,000 GA 233 02 07 Includes copyrighted material of Insurance Services Offica, Inc., with its permissior�. Page 1 of 15 6. Volun#ary Property aamage {Coverage a.� and Care, Cuslody or Contro) l.iabiliiy Coverage (Coverage b.) L.imits of lnsurance (�ach Occurrence) Coverac�e a. $1,00� Coverage b. $5,000 untess otherwise stated $ peductibles (Each Occurrence} Coverage a. $250 Coverage b. $250 un(ess othetwise stated $ COVERACE PREMIUM BASIS RATE ADVANCE PREM[UM a) Area (For Limits in �xcess of (For Limits in �xcess of b} Payrall $5,000) $5,OOOj {c) Gross Sales (d} Units e Qther b. Gare, Custody � or �ontrol TC7TAL At1NUAl� F'FtEM1UM �ii. Praperty Damage to Sorrowed Equipment �ach Occurrence Lirnit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Emptoyee �enefit Liability Coverage a. The following is added to SECTIQN I - C�VERAGES: Emptoyee Senefit Liabiiity Coverage, {i) Insuring Agreemenf (a) We will pay tl�ose sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in� sured, or of any other per- son for wl�ose acts khe in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the ir�- sured against any "suit" seeking tiiose damages. Howaver, we will have no dut� to defend against any su�t seeking damages to which this insurance does not app(y. We may, at our discre�ion, investigate any report of at� acf, error or om�ss�on and settle any claim ar "suit" that may re- sult. But: �i) Tf3e amount we will pay for damages is limited as described in SEC- TIQN 111 - LIMITS QF INSUFiANCE; and 2} Our righf and duty ta defend ends when we have used up fl�e ap- plicable limit of insur- ance in the payment of judgments or settle- men#s. No other obligation or liabll- ity to pay si�ms or perform acts or services is covered ut�fess explioitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if tile act, er- ror or omission, is ne�li- ger�iiy committed in tlie "administration" of your "employee benefit pro- gram"; and 1) dccurs during the pol- icy period; or 2) Occurred prior to ihe effective daie of this endorsemant provided: a) You did riot have know[edge of a claim or "suit" on or before the ef- fective date of this endorsemenf, You wiil be deemed to have knowledge Qf a olaim or "suit" when any "authorixed repre- sentative"; Inciudes copyrighted material of Insurance GA 233 02 07 Services Qf3ice, Inc., w1ti� its permission. page 2 of 15 i) Repor�s all, or any part, of the act, error or omission to us or any other ii�surer; ii) Receives a written or ver- bal demand ar claim for darn- ages because of the act, er- ror or omis- sion; and b) There is no other applicab(e ir�sur- ance. formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision fo parficipate or nof fo participate in any plan included in ihe "em- ployee benefit pro- g ram". (fl Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions af ar�y workers' compensation, unemployment compensa- tion insurance, social secu- rity or disability benefits law or ariy similar law. (g) ERISA Damages for which any in- sured is liable because of liability imposed on a fiduci- ary hy the Employee Re- tirement Income Security Acf of 1874, as t7ow or hereatter amended, or by any similar federal, state or local laws. (2) Exciusions This insurance does not app[y to: (a) Bodily lnjury, Property Qamage or Personal and Advertising lnjury Bodily injury', property damage" or "personal and advertising injury". (b) Dishonesl, Frauduleni, Criminal or Malicious Ac# Damagss arising out of any intentional, dishones#, fraudulent, criminai or cnali- cious act, error or omission, commikfed by any ir�sured, including the wilfful or reck- less violation of any statu#e. (c) Failure #o Ferform a Con- iract Damages arising out of fail- ure of performance of cor�- tract by any insurer, (d) Insufficiency of Funds Damages arising out of ari insufficiency af funds to meet any obligations under any plan included in the "employee benefit pra- gram"., (e} Inadequacy of Aerforrn- ance of [nvestment / Ad- vice Given With Respeci to Pariicipation Any c(aim based upon: 1) Failure of any invest- ment to perform; 2} Errors in providing in- farmation on past per- GA 233 02 07 {h) Available Benefits Any claim for benefits to the exten# that such benefits are avai(able, with reason- able effort and cooperaiion of the insured, from the ap- plicable funds accrued or other col(ectible iilsurance. ([} Taxes, �ines or Penal#ies Taxes, fines or penaities, including those amposed under tf�e Interna( Revenue Code or ariy similar staie or local law. (j} Employment-Retated Praclices Any liabiliry arising oc�# of any: (1) Refusal to employ; (2) Termination of em- ployment; (3) Coercion, demQfion, ovaluation, reassign- ment, disoipline, defa- mation, harassment, fzumiliation, discrimina- tion or other employ- Inoludes copyriyhted material of Insurancs ServicQs Office, inc., with its permission. Page 3 of 15 rnen#-reiated practices, acts ar omissions; or (4) Consequential liability as a result of {�#), (2) or (3) above, This exciusion applies whether the insured may be f�eld liable as an employar or in any other capacity and to any abligatian io si�are damages with or repay someone else who must pay damages because of t(3e in)ury, (3) Supplementary Paymen#s S�C7ic7N # - CQV�RAG�S, SUPPi.EMENTARY PAY- MENTS � CC�V�RAGES A AND B also apply to ti�is Goverage. b. Who is an lnsured As respects �mployee Benafit Liabil- ity Coverage, SECT[�N II - WF{C� 15 AN INSURED is deleted in its en- tirery at�d replaced by t(�e following: (1). If you are desigt�ated in the qeclara#ions as: (a) An individual, you and your spouse are insureds, but only with respect io the conduct of a business of which yau are the sole owner. (bj A partnership or jaint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to fhe cor�duct of your business. (c) A limited liabiliry company, you are an insured. Your members are also ins«reds, but anly wlth respect ko the co»duct af your business. Your managers are in- sureds, but only with re- speci to thsir du#ies as your managers. (d) An organization other than a partr�ership, joint venture Qr limited liability company, You are an insured. Your 'executive officers" and di- rectors are insureds, but onl� with respect to thefr dut►es as your officers or di- rectors. Your stockholders are also insureds, buk only witli respect to t#�eir liability as siockiiolders. c. {e} A trust, you are a�7 i�7sured. Your trustees are also in- sureds, but oniy with re- specf to their duties as trustees. (2) Eacii of ttie following is also an insured: {a) Eacli of your "employees" who is or was authorized to administer your "empioyee henefit program". (b} Any persons, organizations or "employe�s" having proper temporary authori- zation to administer your "employee �enefit program" if you die, bu# only u►�til your legal representative is ap- pQinted, {c) Your legal representative if you die, but only with re- spect to duties as sucE�. That representative will have all your righis and du- ties under this Coverage f'art. (3) A�iy organization you newly ac- quire or_ form, other than a part- nership, joint venture or limited liability company, ancf over w}iich you maintain ownership or majority interest, wii[ qualify as a Named lnsured if no other similar insurance applies to tliat organization. However, cover- age under this pravision: {a} Is afforded anly u�itil the 180th day aiter you acquire or form il�e organiza#ion or the end oi the policy period, whiohever is earlier; arid {b) Does not appl� to any �ct, error or omission tiiat was committed before you ac- quired or forrned #he or- ganizaiion. Limits of Insurance As respecks Employee Benefit Liabil- ity Coverage, SECTION tll - LIMITS QF INSU�tANCE is dele#ed in its en- tireiy and replacec{ by the following: (1) Ti�e L.imiks of (nsurance showr� in Sectioi� B. Limifs af Insur- ance, 1. Employee �enefit Li- ability Coverage and the rules beiow fix tiie most we will pay regardless of the number of; {a} Insureds; Includes copyrighted materiaf of Insurance �A 233 02 07 Services Office, Inc,, wlth its permission, Page 4 of 15 (b) Claims made or "si�its" brought; (c) Persons or organizations making claims or bringii�g "suits"; (d) Acts, errors or omissions; or (e) Benefits included in your "employee benofit pro- c� ram". {2) The Aggregate l.imit shown i�1 Section g. Limits of Insurance, 1. Employee Benefi# Liability Coverage of tliis endorsement is the most we will pay for all damages because of acts, er- rors or omissions negligenfly committed in tlie "administra- iion" of your "employee be�iefit program". (3) Subject to t}�e limit described in (2) above, the Each Empioyee Limik shown in Section B. I�imits of tnsurance, �. Employee Senefit l.iability Coverage of this endorsement is the most we will pay for al! damages sus- tained by any one "empfoyee", including damages sustained by sucii "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or � (h) A series of related acts, er- ; rors or omissions, regard- i less of the amount of time that Iapses between suci� . acts, errors or omissions, negligent(y committed in khe "administratior�° of yaur "em- pioyee beneiit program". Mowever, the amount paid un- der this endorsement shall not exceed, and will be subjeci to tiie limits and restrictions that apply io ii�e payment of benefits in any plan included in fhe "em- playee benefit program". {4) Deductible Amounf (a) dur obligation to pay dam- ages on behalf of the in- sured applies oniy to the � amount of damages in ex- cess of tha deductib[e amount stated ii� the Decla- rations as applicable to Each Employee. Ti�e limits of insurance shall not be reduced by t{�e an�ount of ihis deducfib(e. GA 233 02 07 (b) The deductibie amount stated in tf�e Declarations applies to al{ damages sustained by any one "am- �loyee", includmg such "employee's" dependents ar�d beiieflciaries, because of all acts, errors or omis- sions to which tiiis insur- ance applies. (c} Tl�e terms of this insurance, including those wikh respect �O: 1) Our right and duty to defend the irisured against any "suiks" seeking thase dam- ages; and 2} Your duties, and ihe dufies of any otiler in- volved insured, in the event of an act, error or omission, or claim, apply irrespective of fhe applicatian of tl�e deductible amount. (d) We may pay any park or all of the deductible amounf to effect seitlement of at�y claim or "suit" and, upon i�otification of the action taken, you shall promptly reimburse us for such part of the deductibie amount as we have paid. d. Additional Conditions As respects Employee Benetit Li- ability Coverage, S�C7(QN IV - Ct�IVfM�RCIAL GENERAL �IABIL,- � - -- !TY CC>NDIT!(7NS is amended as follows: (f) Item 2. Duties in ihe Even# of �ccurrence, (3ffense, Claim or Suif is deleted in its entirety and replaced by khQ following: 2. puties in #he �ven# of an Ac1, Error or t7mission, or Claim or Suif a. You must s�e to it that we are noii- ' fied as soon as practicable of an act, error or omission whicll may result in a claim. To the extent possible, no- tice should inciude: (1) .What fha act, error or omission was and when it occurred; and (2) The narnes at�d addresses of anyone wl�o may suffer dam- ages as a result af tlie act, errar or omission. (ncludes copyrighted material of fnsurance Services 4ffice, Iric., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any iilsured, you must: {i) lmmediately record the specifics of the claim ar "suit" and the date received; and (2) Notify us as soon as practica4�le. You must see to it tliat we receive written notice of the claim or "suit" as soon as practicable. c. You and any other invofved insured must; (1) Immediately send us copies of any demands, ►lotices, sum- monses or legal papers re- ceived in connection wikh ihe ' claim or "suit'; {2) Atithorize us to obtain r�cords and other information; (3} Cooperate wifh us in the inves#i- gation or settlemei�i of t#ie claim or defense against the "suit"; and (4} Rssist us, upon our request, iiz tfie et�forcement of any right against any person or orc�aniza- tion which may be liable to the insured because of an act, error or omission Fo whic(� ti�is insur- ance may also apply. d. No insured will, axcept at that in- sured's own cost, volur�tarily makQ a payment, assume a�iy obligation, or incur any expense withaut our con- sent. {2) Item 5. c7ther [nsurance is de- leted in its entirely and replaced by the following: 5, Ctiher lnsurance If other valid and col[ectible insurance is avaifable to the insured for a loss wa cover under lhis Coverage Part, our obiigations are limited as follows: a. Primary Insuranc� This insurance is pri- mary except when c. below a�plies. If this insurance is primary, our oblic�ations are not affected unless any of the otlier insurance is also primary. Then, we will share witli all that other insurance by khe method described in b. below. GA 233 02 07 b. Me#hod oE Sharing 1f all of khe other insur- ance permits contribu- tion by equal sfiares, we will follow this metl�od also. Under this approach each in- surer contributes �qual amour�ts until it has paid its appiicable limit of insurance or none of ihe loss remains, whici�ever comas first, If any Qf ihe ofher in- surance does not per- mit contributiQn by equal shares, we will contribute by liniits. Under this met#�od, each insurer's share is based on the rafio of its applfcab[e limit of in- surance to the total ap- piicable limits of insur- aaice of all insurers. c, No Cvverage This insurance shali not cover any foss for `whicil the insured is entitled to recovery un- der any atf�er insur- ance in force previous to the effective date of tl�is Coverage Part. e. Additional Definitions As respec#s �mployee Benefit Li- ability Coverage, SECTICIN V � DEFINITiQNS is arnended as fol- laws: (1) The following definitions are addeci: i. "Administratiort" means: a. #�rovidinc� information to "employees", incfuding their dependents and beneficiaries, with re- spect to eligibility for ar scope of "employee benefit programs"; b. Interpreting fhe "em- ployee benefit pro- grams"; c. Handling records in connectior� witti ihe "employee benefit pro- c�rams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance Services Office, Inc., with its permission, page 6 of 15 GA 233 02 07 in any benefit included in the "employee bene- fit prograrn". However, "adrninisiration" does not include: a. Handli�ic� payroll de� ductions; or b. The failure to effect or maintain any insura��ce or adequats lirnits of coverage of insurance, inctuding but not limited to unemplo�ment in- surance, social security benefits, workers' com- pensation ar3d disability benefits. 2. Cafeteria plans" means plan authorized by applica- ble law to alEow "employ- ees" to elect to pay for cer- tain be�ieffts wifh pre-tax dollars. 3. "�mployee benefit pro- grarns means a program providinc� some or all of tlia following benetits to "em- ployees", wfleti�er provided fhrougi� a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insuranGe; den- tal, vision and hearir�g plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such be�iefits and such benefits are made generally available to those "employees" who satisfy #f�e plar�'s eligi- bilify requirements; b, Rrofit sE�aring platts, employee savings plans, empfoyee stock ownership �latis, petr sion plans and stock subscr'iption p(ans, provided that no one ather than an "em- ployee" may subscribe to such benefits and such b�nefits are made generally availab(e to ali "employees" who are eiigible under the plan for such be►�efits; c. Unsmployment insl�r- ance, social security 2. benefits, workers` com- pensation and disability benefiEs; a«d d. �.Vacation piai�s, it�clud- it�g buy and sell pro- : grams; feave of ab- sence programs, in- ciuding military, mater- nity, family, and civil leave; tuition assis- ta►3ce �lans; transpor- taiiorl and health club subsidies. {2) Th� following definitions are deleted in their entirety and re- placed by the following: 2'I, "Suit" means a civil pro- cesding in whicl� money damages because of a►� act, error or omission to whioh this insurance applies are alleged. "Suit" includes: a. An arbitration pro- ceeding in whicl� such damages are claimed and to which #he in-. sured musi submit or does submit wi#h our consent; b. Any other alternative dispute resalutian pro- ceedin� in which such damages ara claimed a►id to wf�ich the in- sured submits with our consent; or c. An appeal of a civil proceeding. a. "Employee" means a per- san aciively employed, for- merly employed, on leava of absence or disabled, or retired. "Employee" in- cludes a "leased worker". "Employee" does not i�i- clude a "teniporary worker". Uninteniional �ailure io Disclose Haz- ards SEC7fC7N iV - COMMERCIAL ��N�RAL l.IAB[LiTY Ct7NC11TIONS, 7. Represen- #aiions is hereby ame�ided by the addi- tion of tlie fallowing: Based on our dependence upon your representations as to existing hazards, if unintentwnally you should fail to disclose all such hazards at the inception date of yaur policy, we will not reject caverage under this Coverage Part based solefy on such failure. lncludes copyrigh#ed material of (nsurance 5ervices OEfice, Inc., with its permission. page7of15 3. Damage #o i'remises Rented #o You a. 7he last Subp�ra�raph of Paragraph 2. SECTIt�N ! - COV�RA��S, C4V�F�AGE A. - BOpiC.Y INJURY AND PR�PERTY pAMAGE, 2. LI- >ABtLITY- �xclusions is i�ereby de- leted and replaced by the following: Exclusions c. tiirough q. d� not appiy to damage by fire, explosion, light- ning, smoke or soot to premises while rented to yQu or temporarily occupied by you witfi permission af the awner. b. The insurance provided under SEG TiC7N 1- COV�RAG�S, C(JVERAG� A, BOpIL.Y INJURY ANQ PFtOp- ERTY nAMAGE LIABtLITY applies to "property damage° arising ouk of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage L.e- c�al Liabiliry, as provided in Paragraph 3,b. above: The axclusions under SECTiQN I - CDVE�iAGES, CQV��tAGE A. BUDILY INJUFtY AND PROA�RTY DAMAGE LIABII.- � ITY, 2, Exclusions, atiier than i. War and the Nuolear Energy Liability �xclusion, are deleted and the following are added; � 7his insurance d4es not apply fp: (a) "F'roperty damage": 1) Assumed in any con- tract; ar 2) Loss caused by or re- sulfinc� from any of the fallowing: a} Wear and tear; b) R�ist, corrosion, fungus, decay, deterioration, hid- dan or lateni de- fect or any qualiry in proparty that causes it to dam- age or destroy it- self; e) Settling, cracking, shrinking or ex- pansion; or f} Nesiing or infesta- tion, or dfscfjarge or release of waste products or secretrons, by in- sects, birds, ro- dents or other animals. {bj Loss causad directly or indi- reotly by any of ihe fallow- ing: 1) Earthquake, volcanic eruption, landslide or any other eartli move- Ill�'llt; 2) Water that backs up or overfiows from a sewer, drain or sump; 3) Watar under the ground surface press- ing of�, or fiowitig or seeping through: a} �oundations, walls, floors or paved sur�aces; b) Basements, whether paved or not; or c) qoors, windows or other openings. (c) Loss caused by or resulting irom water that leaks or flows from plumbing, heat- ing, �ir conditioning, or fire protection systems caused by or resulting irom freez- it�g, unlass: 1) Yau did your best to mainfain heat in the bui[dinc� or structure; or 2} You drained i(�e equipment and shut off the water supply iF tha heat was noi main- tained. (d) Loss to or damac�e to: 1) Plumbing, heating, air conditioning, fire pro- taction systems, or other aquipment or ap- pliances; or 2} The , interior of any building or struciure, or to personaf property in the building or structure c) Smog; d) Mechanical breakdown in- cluding rupture or bursting caused by centrifugal force; GA 233 02 07 Includes copyrighted material of Insur�nce Services Office, lnc., with its permission. Page 8 of 15 caus�d by•or resulting from rain, snow, sleet or ice, wi�etlier driven by wind or not. c. �imii of Insurance The pamage to Premises Rented to You Limit as shown in the Deciara- fions is amended as follows: (2) Paragraph B. of SECTION III - LIMITS t7� INSURANCE is hereby deleted and replaced #�y the foilowing; 6. Subject to 5. abave, tf�e Damage to premises Rented to You Limit is ti�e most we will pay under CQVERAGE A. gc)[}II.Y IIVJURY AND PR�PERTY DAMAGE LIABIL.ITY, for damages because of "property damage" to premises whiie rented to you or iemporarify occupied by you with permissioEi of the ow►ler, arising out o# any one "occurre;ice" to which this insurance ap- plies. (3} The amouni we will pay is iim- ited as described in Section B. ' Lirni#s of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplemenfary Payments Under SECiI�N I� CUVERAGE, SUP- PLEMENTARY PAYM�NTS - COVER- AGES A AND B: a. Paragraph 2. is rep[aced by the fol- (OWlilg: Up to fhe limit sfiown in Section S. Limits of Insurance, 4,a. Bail Bonds o# this endorsement for cost of baif bonds required beca�ise of accidents or traffic law violations arising out of the use of any vehicle to which the �odily Injury Liability Coverage ap- ;�� plies. W� do not have to furnish , these bonds. b. f'aragraph 4. is repfaced by tiie fol- lowi►�g: All reasanable expenses incurred by ti�e insured at our request to assist us iti tl�e invesiigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b, l..oss of Earnings of this en- dorsement per day bec�use of time off from work. 5. Medioal t'ayments The Medical Expense Limit of Any �ne person as stated in the Declarations is amended to the limit shown in Sectian B. Limiis of Insurance, 5. M�dical Pay- men#s of tf3is endorsement. f. Voluntary Property Damage and Care, Custady or Control Liability Goverage a. Volun#ary Property Damage Cov- erage We will pay for "property damage" to prouerry of others arising out of op- erat�ons mcidental to tha insured's business when: {i} pamage is caused by the in- sured; or {2) Damage occurs wi�ile in tiie in- sured's possession. With your consent, we will make these payments regardless of #ault. b. Care, Cus#ody or Cdntrot Liability Coverage S�CTiON f - CQV�RAGES, C(�V- �FtAG� A. Bt�DILY INJURY ANQ PFtCJp�t�TY DAMAGE LtASILITY, 2. �xclusions, j. Damage to properiy, Subparagraphs {3j, (4) and (5) do not app[y ta "properry damage" #o the property o# others described therejn. VUitii respect to fhe insurance provided by this section of the endorsement, the fol- fowing additiorial provisions apply: a. T1ie Limits of lnsurafi�ce shown in the Declarations are replaced by the lim- its designated i« Section S, L�miis of (nsurance, 6. Votunfary Property [}amage and Care, Custody or Control Liability Coverage of this endorsement with respect fo cover- age provided by this endorsement. These limits are inc(usive of and not in addition to ii�e limits being re- placecl. Ti�e Limits of lnsurance si�own in Section B. Limits of Insur- ance, 6. Voluntary Properiy Dam- age and Care, Custody or Controi Liability Coverage of this endorse- mer�t fix the most we will pay in any one "occurrence" regarciless of the number of: (1) fnsureds; {2) Claims made or "suifs" brought; or (3} Persons or orgai�izations rnak- ing claims or bringing "suits". It�cludes capyric�hted material of Insurance GA 233 02 07 Senrices Office, Inc., with its permission. �age 9 of 15 b. Deductible Clause {i) Our obliga#ion ta pay damages on your behalf appiies only to the amount of damages for eacli "occurrence" which are i►� ex- cess of the deductible amount stated i�1 Section S. Limi#s of Insurance, 6. Voluntary Prop- erfy Damage and Car�, Cus- tody ar Control Liability Cov- erage of tf�is endorsement. The limiis of insurance wi[I not be re- duced by khe appfication of such deductible arnount. (2) Condition 2. Duties in the �vent of Qccurrence, Offense, Claim ar Suit, applies io each c[aim or "suit" irrespective of tl}e �tnount. (3) We may pay any part or all of the deductibfe amouni to effect settlement of any claim or "suit" and, upon notificatian of the ac- tion taken, you shali promptly reimburse us for sucf� part of ihe deduo#fble amount as has been paid by us. 7. �ta0 Day Coverage for Newly Formed or Acquired Organizations S�CTinN II - WHO iS AN iNSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fal- Iowing: a. Insurance under this provision is af- forded only until the iS4th day after you acquire or form the organizaiior� or the end of tlle policy period, whichever is earlier; 8. Waiver of Subrogation SEC7ifJN IV - CQMIVf�RCIAL. GEN�RAL. ' I.iABiL1TY CONDITtONS, 9. 7ransfer of R'sghis of Recovery Against c7thers to !ls is hereby amended by the addition of the following: We waive any ric�ht of reaovery we may have becausQ of payments we make for injury or damage arising out of your on- gomg operations or "your work" done un- der a written con#ract requiring such waiver wiih that person ar orgariizafion and included in the "products-completed operations }iazard". However, our rights may only be waived prior to the "oacur- rence" giving rise to the injury or c{amage for which we make payment under this Coverage Part. The msured must do notf�ing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce #hose righfs. GA 233 02 07 9. Automatic Additional Insured - Spec'r- tied Rela#ionships a. The followi�3g is hereby added to S�CTt�IV [i - WHQ IS AN INSURED: (1} Any person or organiz�tion de- scribed i►� Paragraph 9.a.(2) , below {hereinatter referred to as additional insured) whom you ar� required to add as an addi- tional insured under this Cover- age Part by reason of: {a) A written aontract or agreemenf; or {b} An oral agreement or con- tract where a certificate of . insurar�ce showing that per- son or arc�anization as an ' additional msured has been issued, is an insured, provided: (a} The wrifte�� or oral coniract or agreement is: ' 1) Currently in effect or becomes effe�tive during #he policy pe- ri4d; and 2) Executed prior to an "occurrence" or oifense to which this insurance wou[d apply; and {b) They are not specifically named as ai7 additionaf ir�- surad under any other pro- vision of, or endorseme��i added to, this Coveraga Part. {2} Only tt�e following persons or organizations are additiat�al in- sureds under this endarsement, and lnsuranoe coverage pro� vided to such additfonal in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide �nsurance, but only with respecE to liability aris- ing out of the ownership, maintenance or use of thai pari of a premises leased to yo��, sifbject to the following additional exclusions: This insurance does noi apply #o; i) An� 'bcourrence" wiiich takes place after Includes copyrighted materia( of Insuranca Services CJffioe, Inc., with its permission. Page 10 of 15 you cease io he a ten- �nt in iiiat premises. 2) Siructural alterations, new construction or demolitio�� operatior�s perfQrrned by or on bo- fia(f of suci� additional insured. (b) Any person or orga►�ization from which you lease equipment wifh whom you have agreed per Paragraph 9.a.(1} above to provide in- surance, Such person(s) or orgar�izafion(s) are insureds solefy witi� respect ta their liability arisinc� out of the maititenance, oparatio►� or use by you of equipment leased to you by such per- son(s) or organizations(s). However, this insurar�ca does not appfy to any "oc- currence" which takes place after the equipment lease expires. (c) Any person or organization {referred to below as vQn- dor} wifh whom you have agreed per Paragrapf� 9,a,{i) above to �rovide in- surarice, but or�ly with re- spect to "bodily inj�Ery" or "pro�erty damage" ar�smg ou# of "your products" whicl� are distrtbuted or sold in the regular caurse of the van- dor's business, subject to the folfowing addifional ex- clusiQns: 1) The insurance afforcied ihe vendor does not apply ta; a) "Bodily injury" or "property damage" for whicll the ven- dor is obligated to pay damages by reason of the as- sumption of liabii- ity i�i a contract or ac�reement. This exclusion does not apply to liability for damages that the vendor wou[d have in the ab- sence of the con- tract or agree- me►it; b) Any express war- ranty unaukhorized by you; c} Any physical or chemical change in the product made inientionally by the vendor; d) Repackaging, un- less uttpacked solely for the pur- pose of inspectian, demonsirat�on, iasting, or fhe substitution of parts under in- siructions from the manufacturer, and then repackac�ed in ifie original container; e) Any failure to make such in- spections, adjusk- rnents, tests ar servicinc� as the vendor has agreed to make or normai[y under- takes to tnake it� the usual course of business, ii� connection with the distribution or sale of the prod- UC�S; f) �emonstration, in- S1����t1011, S@CVIC- ing or rep�ir op- erafions, except such operations performed at the vendor's prernises in connection with the sale of the product; g} Produ�ts which, after distribufiion or sale by you, have been labeled ar relabeled or used as a coritainer, part or ingredient of any ather thing or substance by or for the vendor. 2) 7his insurat�ce does not apply to any in- sured person or or- ganization: a} �rom wi�om yau I�ave acquired such products, or a►�y ingredier�t, part or container, entering into, ac- includes copyric�fiied material of Insur�nce GA 233 02 07 Services Office, Inc., with its permission. Page � 1 of 15 companying or containing such products; or b) Wlien liability in- cluded wikhin the "products, completed opera- tions hazard° has been excluded under this Cover- age Part with re- spact to such praducts. (d} Ar�y state or political subdi- vision with which you have ac�reed per Paragraph 9.a,{i) above to provide �n- surance, subject to tlie f41- lowing additiona! provision: This insurance applies only with respect to the following l�azards for whicli the state or poliiical subdivision has issued a permit ir� connec- tion with premises you own, rent or controf and to which this insurance applies: 1) i'he existence, mainte- nance, repair, con- struction, erectior�, or removal of adverfising signs, awnings, cano- pies, cellar entrances, coal hofes, driveways, tnanholes, marquees, hoist away openings, sidewaik vaults, street banners, or decora- tions and similar expo- sures; or 2) The construction, erec- #ion, or removal of eie- vatars; or 3) The ownership, main- tenance, or use of any elevafors covered by this insurance. (e) Any state or palitical subdi- viston with whicfi you have agreed per Paragraph 9.a.(-1) abave to prov3de in- surar�ce, suhject to the fol- iowing provisions: 1) This insuran�e applies only with respect to op- erations pertormed by you or on your bel�aff #or whici� tlie stafe or political subdivision has issued a permit. 2) This i��surar�ce does not a�ply to "bodi(y in- jury", "property dam- age" or "�ersonal and advertising injury" aris- ing out of operAtions performed for th$ state or polikical subdivisian. {fl Any person or organization wlth whicfi you have ac�reed per Paragraph 9.a.{i) aiiove to provlde fnsurance, but only with respect io li- abllity arising out of "your work" performed for that additiona! insured by you or on your behalf. A person or orc�anizaiion's status as an insured under t1�is provision of tliis endarsement contin- ues for only the period of time requlred by the written confrack or ac�reemenf, but in no event beyond t#�e ex- piratio�l date of this Gover- age Part. If there is no wriften contract or agree- mant, or i# no period of time is req�fired by the written• contract or agreement, a person or organization's status as an insured under this endorsemant ends when your operations for t1�at insure� are completed. (3) Any insurance provided to arl additiona! insured dasignafed under Paragraph 8,a.(2): (a) Subparagraphs (e) and {f} does iiot appiy ko "bodi(y injury" or "properiy damage" included within the "prod- ucts-completed operations hazard'; (b) Subparagraphs (a), (b), {d), (e) and (f� does nof app(y to "bodily injury", "property damage" or "persona! at�d advertising injury" arising out of khe sole negligence or willfui misconduct of the additional insured or fheir agents, "ernployees" or any other represerifai[ve of the additional insured; or (c) Subparagraph {f} does r�ot apply io "bodily injtary", property damac�e or per- � �� �� sonal and advertising injury" arising ou# of: i) Defects in desic�n fur- nished by or on behalf Includes copyrighted materia! of Insurance GA 233 02 07 Services Office, Inc., witi� its permission. Page 12 of 1S of the additionai in- sured; or 2) The rendering of, or failure to render, any profess'tonal architec- tural, engir�esrinc� or surveying services, in- cluding: a} The �reparin�, approving or fail- ing to prepare or a prove maps, s�op drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and speoifications; and b} Supervisory, i►1� spection, archi- tecturai or engi- neering activities. 3) "Your work" for which a consolidated (wrap-up} insurance program has been provided by #he primecoi�fractor-project manager or owner of tlie construction project in which you are �n- volved. b. Only wifh regard to insurance pro- vided ta an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph {f) abave, 5�CiIc�N I!I � �IMITS QF 1NSURANCE is ametzded to include: Tlia limits appiicable to ti�e addi#ional insured are #hose specified in the written contract or agreement or in ihe Deciaraiions of this Coverage Part, whichaver are less. ff ��o limits are specilied in the written contract or agreement, or if tf�ere is no wriftan contract or agreemer�t, tt�e limits ap- plicable to �he additia�ial insured �re those specified in the Declaratio��s of fhis Coverage Part. Tf�e limits of in- surance are inclusive of and noi ir� addition to the limits of insurance shown in the Declarafians. c. SECTI�N IV � C01VIM�I�CIAL. G�N- ERAL LIABILITY C�NDITIUNS is hereby amended as follows; (1) Conditior� 5. c�#her Insurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any otiier insurance policy issu�d to the addi- tional insured, and suci� oilier insurance pQlicy shall be excess �nd / or noncon- tributing, whichever applies, with ttiis insurance. (b) Any insurance provided t�y ti�is endorsement sllall be primary to other insur�nce �vailable to tiie additional i►�sured except: 1) As oti�erwise provided in S�C'TtON IV - Ct7MM�FtCIAL G�N- ERAL L.IABILITY CaNpITIQNS, 5. c7lher [nsurance, b. Excess (nsurance; or 2) �or any other valid and collectible insurance available to the addi- tionai insured as an additional insured by atfachment of an en- dorsement to another insurance policy that is written on an excess basis. fn sucll case, the coverage provided under this endorse- menk sl�a!! also be ex- cess. (2) Condi#ion if. Conformance to Speaific Wriiten Contract or Agreemen# is i�ereby added: �i�t. Conformance to Specific Written Cantraci or Agreemeni With respect to additional inscireds described in Para- grapl� S.a.(2)(f) above orily: If a written contract or agreetnet�t beiween you and the additional irYaured specifies thaf coverage for ti�e additianal ir�sured; lncludes copyrighted materiaf of I»surance ; GA 233 02 07 Services Office, In�., wiih its permission. I a. Be provided by the In- surance Services Of- fice addifiona( insured farm number CG 20 10 or CG .20 37 {where edition specified}; or b. Include coverage for completed oparations; or c. Include coverage for "your work"; and where the limits or cov� erage provided to tlie addi- Page 13 of 15 tional insured is more re- s#rictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3){a), 9.a.(3}(b} or 9.b. above, or any combination thereof, shall be interpreted as providir�g the limits or coverage required by the terms of the written contract or agreernent, but only to tiie extent t��at such limits or coverage is included within the terms of the Goverage Part to wilich this endorse- ment is attached. If, how- ever, the writker� contract or agreement specifies the ln- surance Services Office additional insured farm number CG 20 10 but does not specity which edition, ar specifies an edition that does �iot exist, Paragraphs 9.a.(3}(a} and 8.a.(3)(b} af this endarsoment shall not apply and Paragraph 8.b. of this endorsement shal( ap- P�Y� rt0, Broadened Contractuaf Liability - Work Within 50' of Rai(road Aroperty lt is her�by agree� that Paragraph f.(1) of Definition 12. "Ensured contract" {S�C- TIQN V- D��INITICJNS) is deleted. 11. Property Damage to �arrowed �quip- ment a. The following is heraby added to Ex- �lusion j. �amage io Proper#y of Paragraph 2., Exctusions of SEC- TIQN I - C�VERAGES, COVERAGE A, gOD1LY INJUI�Y AND PR�P- ERTY DAMA�� L1ABiLITY: Paragraphs (3} and (4) af this exclu- sion do not apply to tools or equip- ment laaned to you, pravid�d they are nat being used to perform opera- tions at the iime of loss. b. With respect to the ii�sc3rance pro- vided by thls sectian of the e�i- dorsement, #he following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by fhe limits desic�nated in Sec- tion g. Limi#s of Insurance, 11. of this endorsement with respect to coverage provided by tl�is endorsemetit. These limits are inctusive of and not in addition to ' the limits being replac�d, The l.imits of Insurance showri in Secfion s. �,imits of tnsurance, 11. of this endorsement fix the most we wiil pay in any one "oc- currence" regardless of the number of: (a} It�sureds; (b) Clairns made or "suits" brought; or (c} Persons or orc�anizations makir�g claims or I�ririg "suits". {2) Qeduciibte Clause (a} Qur obligation to pay dam- ages on your behalf applies only to the �mount af dam- ag�s for eaGh "occurrence" which are in excess of #he Dsductible amount stated in Section B, �.imits uf lnsur- ance, 1'1. of this e��dorse- ment. Ti�e limits of insur- ance will not be reduced by the application of such De- ductihle amount. (b) Condition 2. Cluties in the Event of t�ccurrence, Qi- fense, Ctaim or Suil, ap- plies to each claim or "suit" irrespeciive of fhe amouni. (o) We may pay any part or ail of the daductible amounE to effect settlement af any claim or "suit" ancf, upon notification: of the action #aken, ` you shall promptly reimburse us for such part of tiie deducfible amount as has been paid by us. 12. Em�loyees as tnsureds � 9pecified Fleallh Care Services It is liereby agreed that Paragra�h 2,a,(1)(d} of SECTf�N If - WHa IS AN INSURED, does no# apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed; a. Nurses; b. �mergency Medical Technicians; or c. Paramedics, in the jur[sdictian where ar� "occurrQnce" or af%nse #o which tiiis insurance appiies fakes place. 13. Broadened Notice of t7ccurrence Paragraph a. of Condition 2. Duties in ihe Even# of Qccurrence, c7ffense, Claim or Suit (S�GTlt7N IV - CQMMER- CtAL. GENERAL L.fABII.ITY CONDI- Includes copyric�hted maieria( of lnsurance GA 233 02 07 Services Ofiice, Inc,, with its permission. Page 1� of �15 TlQNS) is hereby deleted and replaced by the followir�g: a. You must see to it that wQ are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a clairn, Ta fhs extent possibla, notice should include: {i) How, when and where the "oc- currence" or offense took piace; GA 233 OZ 07 (2) The names ar�d addresses of any injured persons and wit- nesses; and {3) Tlie nature and looation of any injury or damage arising out of tl�e "accurrence" or offense. This requirement applies only when the "occurrei�ce" or offense is known to an "authorized representative". Includes copyrighted material of Insurance Services Office, Inc., with its perrnission. Page 15 of 15 THIS ENDORS�M�Ni' CHANG�S TNE POUCY. PL�AS� READ 1T CAREFUL.LY. A►��[iN��IAL INSU��� �Y ��I�i��Ci' Tl�is endorsement modifies insurance provided under the foliowing: BUSINEB� AUTO Ct7V�RAG� �'ORM CARAG� COVEFiAGE F�RM This endorsement changes the policy effective o►z the inception dat$ of ti�e po(icy unless another date is indi- cated below. Endorsement �ffective: I Policy Number: 02-01-2011 EBA 006 02 86 Named insured; THE �AIN GROUP INC, �AiN SERVIC�S l,P Countersigned by: With respect to coverage provided by this endorsement, the provisions of fhe Coverage Form apply unless modified by ti�e endorsement. SECT(ON II - LIABILIiY CQV�RAGE, A. Caver- age, I. Who is an Insured is arnended to include as az� insured any person or organizaiion with which you 1�ave agreed in a valid written confract to provide insurance as is afforcfed by this policy. This provision is limited to the scope of tlie valid written contract. This provision does not apply �mless the valid writte�i contract I�as been executed prior to tl�e "bodily i��jury" or "property damage". �' � AA 417i '11 05 TM15 ENDORS�MENT CHANGES iH� pOLICY. PL.EAS� R�AD !T GAFiEFUI,L.Y. �L.�4NKEi 1N,�4�VE1� �F aU�Fi�C�4iit7hl II Alli{� This endorsement modifies insurance provided under the following: BUSINESS AUTt7 CUVERAGE FOF�M This endorsement cl�anges the policy effec#ive on tha inception date of the policy unless another dake is indi- cated be(ow. EndQrsQment �ffeckiva; 02�07.-207.�. �lamed Insured: TH� FAIN GROUP INC, FAiN S�F2VZC�S LA Countersic�ned by. f'Qiicy Number: EBA 006 02 86 (Autnorized Hepresentative) With respect to coverage provided by this endorseme►3t, the provisians of the Coverage �orm apply uriless modified by the endorsernent, 1. glanket Waiver of Subrogation S�C7t�7N IV - gtlS4NESS AUTO CONDI� TI�NS, A. Loss Condiiions, 5. Transfer of pights of �tecovery Against bfhers to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the aperaiion of a covered "auto" wl�en you have assumed liability for such "bodily injury" ar "property damage" under an "it�sured cantract", pro- vided tha "bodily injury" or "property damage" occurs subsequent to ihe axecution of ihe "in- sured contract". AA a172 09 os � WORKERS' CaMP�N5ATIOfV AND EMPLOY�RS LIABILITY iNS11RANC� POI,ICY wc a.x o� a4 A i'�XAS WAIVER O� t�UR RIGhlT "CO R�COV�R F�20M 4THERS ENC}ORSEMENT Tftis endorsement applies only to the }nsui�ance provided by the poiicy t�e4ause Texas is shown in liem 3,A. of the lnforination Page, ' We have ihe right io i�ecover our pay►nencs from anyono Ilable for an injury covered by this po{icy, We will not enforce our righl agalnst the porson or organizaiion tiamed in the �chedule, but this waiver appfies only with respect to bodily inJury ar'ssing out of the oporaiions dsscCibed in �he Schedule where you are required by a writfe�� contract to oblain this walver frorn us. . This endorsement shalf noi aperate directty or indirecliy to benefit anyane not named ln the schedule, Thv premium for ihis endorsement Is shav+rn Is� the Schedule. Sohedule 1. ( ) Sgecific Waiver Name oi person or orqanlr.aiion ( X ) Blanket Wafver' Any person or orgartization for wftom ihe Named Insured has agreed by writlen aonttacf to furrtish fhls waiver. 2. Operatlons; A[.l. TEXAS Op�RATI0N5 3. Premium 7he premlum charge for ihis endorsoment shall be. 2. oo percent of ihe premium developed on payroil ln connectlon with work performed For the above person(s) or organizaiion(sj arising out of fhe oparatlons described. 4. Advarice Premium i NCLUp�p , SE� l i�FORMAT l oN PAGE , Thts endorsement ehanges the polloy to whlch It Is altaehed etfeative on the Incoptloq date of Oie policy uniess a differenl dafe Is fndlcated beloYl. {The tollowing "attaohing ctause" need be campleted only when thle endorsement Is Issued subsaquent io preparatloa of the policy.j 7hls endorsement, elfeclive on at 12:n1 A,M, standard time, fonns a part oF PoiicyNo. 7SF--000'I220220 20I30201 oftheTexas MutuaI Insuranae Company (ssued to TFIE FA I N GROUP 1 NC Endorsemeni No. Premium $ 1� �/%"%i'�"' . �%'t.- Authorized Reptesentative wcazosoaa ��n. �•o�.z000� AG�NT'S C01'Y QUS�R 1-30�2012 ��4 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Ii _ _ . -- - - a -� �. . ���..� �'.� ..a+':: �t , r,; .- .� �--:r t'�. �,. -_ ^�+.r: ,ri �„ 'a.. _- •yY-r�r, , , . ...,. ...: �. - A �^�a � � -: ... . r. . . .. . ._ .. _ ... . . , .. . .. . . . . . , _.... �I � I � \ I I . � � . . � . . . . ' �. �.� � 1 ll '. t _ " . _. .. • 1 ... � �. � .. .': , ' . .. - Y . , � ; �, � � �'' �- " � I�� . ` ..� .� . � . - . . t '. . . , `..._ .. � ,. . �. ,. _ . .. . -.� �. .. . .. ; — ..� . ' � �� . � . �, .. , � �� , _ , . ��l , �1 � ; �� � 11 � �11 - - - ._ , � . . _ � _ _� � .. ._ .: . . . . , . . y � . . : .. . : .. _.�. ��,. . . _ . .. . _ . � ' �' . ��.' . ... , .,� . . . -, .. . � '� . d . . . '. . . . . ' . . �� � ... . ' . 1 � .. .. . . _ . . . . . � U - � I � CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 �i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology ................................................................. 1.01 Defined Terms ...................................................................................... 1.02 Terminology ......................................................................................... Page .....................1 .....................1 ..................... 6 Article2— Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents ....................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 ' 2.03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference ..........................................................................................................8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules .................................................................................................... 8 Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3 .O 1 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents .................................................................10 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................ l l Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions .............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Envirorunental Condition at Site ..............................................................................14 Ai�ticle 5— Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers ...................................................................................................16 5.02 Perfoimance, 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 ....................................................... 6.01 Supervision and Superintendence .............................................. � ...........................19 ...........................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 ....................................................................... 7.01 Related Worlc at Site ....................................................................... 7.02 Coordination .................................................................................... Article 8 - City's Responsibilities .............................................................. 8.01 Communications to Contractor .............................................. 8.02 Furnish Data ........................................................................... 8.03 Pay When Due ....................................................................... 8.04 Lands and Easements; Reports and Tests .............................. 8.05 Change Orders ........................................................................ 8.06 Inspections, Tests, and Approvals ......................................... 8.07 Limitations on City's Responsibilities .................................. 8.08 Undisclosed Hazardous Environmental Condition ............... 8.09 Compliance with Safety Program .......................................... .................................... 35 .................................... 3 5 .................................... 36 .................................................. 36 .................................................. 36 .................................................. 36 .................................................. 36 .................................................. 3 6 .................................................. 36 .................................................. 36 .................................................. 37 .................................................. 37 .................................................. 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 Worlc .................................................................................................. 38 9.04 Rejecting Defective Worlc ..........................................................................................................38 9.05 Determinations for Worlc Performed ..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDAItD CONSTRUCTION SPECIFICATION DOCUM�NTS Revised: November 9, 2011 Article 10 - Changes in the Work; Claims; Extra Work ................................................................................ 3 8 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 Worlc; 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 Uncovermg 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 Paxtial Utilization ........................................................................................................................ 55 14.05 FinalInspection ...........................................................................................................................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 Ternunation ........................................................................................ 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 Article17 — Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.0� Survival of Obligations ............................................................................................................... 63 17.05 Headings ......................................................................................................................................63 CITY OF FORT' WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oo�zoo-i GENERAL CONDITIONS Page I of 62 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Ter�ms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addencla—Written or graphic instruments issued prior to the opening of Bids which clarify, conect, 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 Worlc. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such suppoi�ting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Bzrsiness Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDAIZD CONSTRUCTION SPECIFICATION DOCIJMENTS Revised: November 9, 2011 oo�aoo-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 perform specific duties with responsibiliiy for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. Ciry 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. Ciry Mancager� — 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 seelcing 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 Worlc. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contr�act 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 Worlc 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 Worlc). 22. Cont��crct 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. Contr•actor•—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 STANDAIZD CONSTRUCTION SPECIFICATION DOC[JMENTS 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. Dir�ector of Parks and Commzcniry Services — The officially appointed Director of the Parlcs 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 Transpor�tation Pz�blic 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 Depccrtment — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drativings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Worlc to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Ag�eement—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 seivices for the City. 35. Extra Wor•k — 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 worlc 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 Worlc 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 00 �2 00 - a GENERAL CONDITIONS Page 4 of 62 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Worlc, 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 Conclition—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. Hazardozrs 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. Lcrws c�ncl Regulcztions—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 Worlc specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Pelr�oleum—Petroleum, including crude oil or any fraction thereof which is liquid at standaxd conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 oo�aoo-s GENERAL CONDITIONS Page 5 of 62 51. Project Schedicle—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. P��oject Repy�esentative—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. Raclioactive Materzal—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 Szcbmittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedz�le of I�alaces—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 pet�foi�rned, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by Ciiy 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 Worlc, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a pat-t of the Contract Documents by attachment or, if not attached, may be incoiporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcont��actor—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 GENERA� CONDITIONS Page 6 of 62 63. Sz�bmittczls—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Worlc. 64. Successficl Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Szcperintenc�ent — 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 Conclitions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Szrpplzer—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 Worlc by Contractor or Subcontractor. 68. Unclergrouncl Fcrcilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanlcs, 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 Wor�k—See Paragraph 11.03 of these General Conditions for definition. 70. Weekencl Wor�king Hoacrs — 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. Wor�k—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 incoiporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A worlcing 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 worlc underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Ter•minology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - � GENERAL CONDITIONS Page 7 of 62 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like efFect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Worlc. 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: l. 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. Fzrrnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" ar 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 industiy 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. 2A2 ConZmencement 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 Stc�rting the Work Contractor shall start to perform the Worlc on the date when the Contract Time commences to run. No Worlc shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Stc�rting Construction Baselzne Scheclzcles: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 PreconstNZ�ction Conference Before any Worlc at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Pzcblic 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 Initicrl Accepta�ce of Schedzcles 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 Intertt 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 thereo� 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 vaiy 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 nanative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," ar"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, 201 I 00 �a oo - 9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not talce advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Worlc 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 Stczndards A. Standards, Specifications, Codes, Laws, and Regulations l. 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, pai�tners, 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 iigures 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. Contr�actor's Review of Contrccct Docacments During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, er�or, 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 00 �a oo - i o 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: l. 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 cmc� Supplementing Contr�act Doczrments A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Worlc 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 Worlc 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 thereo� 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 00 72 00 - I 1 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 format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Revised: November 9, 2011 00 �a oo - ia 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 Sztbsurface cand Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: l. those reports icnown 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. Limitecl Reliance by Contractor on Techrrical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such repoi�ts and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementaiy Conditions. Contractor may not malce 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 Differ�ing Subsurfc�ce or Physical Condr.tions 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; ot• 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially fiom 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 00 72 00 - 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: l. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Undergroarnd Facilities A. Shown or Indicczted: 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 Shotivn 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 C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS Revised: November 9, 2011 00 �a oo - ia GENERAL CONDITIONS Page 14 of 62 Worlc 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 necessaiy. 4.05 Reference Points A. City shall provide engineering suiveys 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 stalces or other customary method of marlcing to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgeworlc. Contractor shall protect and preserve the established reference points and property monuments, and shall malce 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 Cont�actor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardorts Environmental Condition crt Site A. Reports and Drativings: The Supplementary Conditions identify those reports and drawings lcnown to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Relicrnce by Contrcrctor on Technical Data Authorizecl.• 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 malce 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 00 72 00 - I5 GENERAL CONDITIONS Page I S 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 information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter conf'irm 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 Wark; 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 Regtdations, Cont��actor shall indemnify and hold harmless City, fi°om and against all claims, costs, losses, and damages (including but not limited to all fees and chay�ges of engineers, architects, attorneys, and other° professionczls and all court or arbitr�ation or• other dispzrte resolution costs) arising ortt of or r•elating to a Hazardoirs 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 indiviclual or entity from and crgainst the conseqzrences of that individual's o�� 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 00 72 00-16 GENERAL CONDITIONS Page 16 of 62 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensecl Sur�eties and Inszc�^er^s 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 Supplementaiy Conditions. 5.02 Performance, Pccyment, crncl Maintennnce Bonc�s 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 Seivice, 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 attoi-ney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared banluupt 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 Cer•tificates of Insur��nce 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 00 �a oo - I� 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 ar 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 ofinsurance 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 eYclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCtJMENTS Revised: November 9, 2011 00 �z oo - i s 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 Worlc 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 parry 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 Contrczctor's Insurance A. Wor•kers Compensation and Employer•s' Liabiliry. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Worlcers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Worlc 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 pei-formed 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 worlcers' 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. Comme�cial Gener•al Li�bility. Coverage shall include but not be limited to covering liability (bodily injuiy 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 00 72 00 - 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 Supplementaiy Conditions). C. Azctomobile 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 worlc, 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 wai�ranty worlc 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 ancl 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 Super�vision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such slcills and expertise as may be necessary to perform the Worlc in accordance with the Connact Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of consh�uction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 I 00 72 00 - 20 GENERA� CONDITIONS Page 20 of 62 B. At all times during the progress of the Work, Contractor shall assign a competent, English- spealcing, 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 fiom the Superintendent shall be binding on Contractar. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Lcrbor; Worliing Hoz�r•s A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or propet-ry 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 Worlcing Hours. Contractor will not per�rnit the performance of Worlc beyond Regular Worlcing Hours or for Weelcend Worlcing 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 Worlcing Hours request must be made by noon at least two (2) Business Days prior 2. for Weelcend Worlcing 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 Ser•vices, 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 machineiy, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the perfotmance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Worlc 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. C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �a oo - a i GENERAL CONDITIONS Page 21 of 62 C. All materials and equipment to be incorporated into the Worlc 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 Schedzcle 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 O1 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 Substitzctes and "O�-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 pernutted, 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 Worlc 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.OS.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, 201 I 00 �a oo - aa GENERA� CONDITIONS Page 22 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of pei�formance 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.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Ciry 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 O1 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 worlc 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 Methoc�s or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.OS.A.2. C. Ciry's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittai made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City cznc� anyone directly or indirectly employed by them fi°om and against any and all clazms, c�amages, losses and expenses (znclzrding attorneys fees) arising out of the zrse of substituted materials or eqicipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.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 Substitz�te Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Tzme Extenszons: No additional time will be granted for substirirtions. 6.06 Concerning Szrbcontrczctors, Suppliers, crncl Others A. Contractor shall perform with his own organization, worlc 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 Worlc 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 Sltbcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority anc� Women Ovvnecl Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enteiprises (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 boolcs, records, or files in the possession of the Contractor that will substantiate the actual worlc 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 tYuee years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities perfoi�rning or furnishing any of the Worlc 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 �2 00 - as 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 Worlc shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay P�evailzng 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 F 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. Pencrlty 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 Violatzons and City Determination of Good Cairse. 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 occuned. 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 fmal determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 26 GENERAL CONDITIONS Page 26 of 62 D. Arbitration Reqzrired 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 malces 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 llth 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 worlc, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the const�uction of the Worlc provided for in this Contract; and (ii) the actual per diem wages paid to each worlcer. 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. Prog-Ness Pcryments. 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. Subcontr�actor� 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 Worlc 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 Worlc and if, to the actual lcnowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the firllest extent permztted by Laws and Regulations, Cont�•crctoy� shczll indemn� ancl hold harmless City, fNom and against all claims, costs, losses, and damcages (including bzct not Zimited to all fees anc� chcrrges of engineers, architects, c�ttorneys, ccnd other pr°ofessionctls ancl czll court or• arbitr�ation or other clispzrte resolzttion costs) arising out of or relating to any infi•ingement of patent y�ights oy copyr•ights inczdent to the zrse zn the performcance of the Wor•k or resulting fr•om CITY OF FORT WORTH STANDARD CONSTRUCTION SP�CIFICATION DOCIJMENTS Revised: November 9, 201 I 00 �a oo - a� GENERAL CONDITIONS Page 27 of 62 the incorporation in the Work of any invention, design, process, prodzrct, or clevice not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor• obtccined 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 sha11 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 Worlc 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 Worlc. B. Ciry 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. Outstandzng permits cznd licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Lcaws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Worlc. 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 perfortns any Work knowing or having reason to lcnow that it is contrary to Laws or Regulations, Contractor shall bear a11 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 STANDAItD CONSTRUCTION SPECIFICATION DOCtJMENTS Revised: November 9, 2011 00 72 00 - 28 GENERA� CONDITIONS Page 28 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Worlc. However, it shall not be Contractor's responsibility to malce 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 Ta�es A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/t�Yinfo/taYfonns/93-foi�ns.html 6.12 Use of Site ancl Other Ar�eas A. Limitcztion on Use of Site and Other Ar�eas: Contractor shall confine consnuction equipment, the storage of materials and equipment, and the operations of worlcers 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 Worlc. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is canying on operations in a portion of a street, right-of-way, or easement greater than is necessaiy 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 STANDAIZD 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. Pzcrsuant to Par�agrczph 6.21, Contractor shall indemn� and holcl hurmless City, from und against all claims, costs, Zosses, cznd damages a�ising out of or relating to any claim or action, legal or equitable, b�ought by any szcch owner or occupant czguinst City. B. Removal of Debris DZrring Performance of the Work.� During the progress of the Worlc Contractor shall keep the Site and other areas fiee 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 deiiciencies 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 malce 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 Structarres: 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 Doc2�ments 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 Safery 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 GENERA� 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 offthe Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, wallcs, 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 properly and of Underground Facilities and other utility owners when prosecution of the Worlc 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 Worlc, 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 Worlc is completed and City has accepted the Worlc. 6.15 Sczfety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazayd Commi�nication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication infoi�rnation required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and✓or Rectzficcztiorr 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, injuiy, 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, 201 I 00 72 00-31 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 talce positive steps to fulfill this written request, or does not show just cause for not talcing 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 Submzttals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Speciiications. 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 puiposes 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 eYpense and responsibility of Contractor. C. City's Review: l. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Worlc, confoi�rn 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 O1 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 Wor•k Except as otherwise provided, Contractor shall carry on the Worlc and adhere to the Project Schedule during all disputes or disagreements with City. No Worlc shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in v�n iting. 6.20 Contractor's Gener�al Wcrrranty and Gzrarcrntee A. Contractor warrants and guarantees to City that all Worlc 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 wan•anty 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 STANDAIZD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 33 GENERAL CONDITIONS Page 33 of 62 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Worlc in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Worlc in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 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 coirection 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 obseived 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 00 72 00 - 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, ONIISSION 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 seivices are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design seivices or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Worlc 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 confoi�rnance 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 puipose 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 boolcs, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Worlcing Hours to all necessaiy Contractor facilities and shall be provided adequate and appropriate worlc 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 fiirther 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 Worlcing Hours to all CITY OF FORT WORTH STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 201 I 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 worlc 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, iitting, and patching of the Worlc 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' worlc with the written consent of City and the others whose worlc will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon worlc 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 worlc 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 Worlc except for latent defects in the work provided by others. ' CITY OF FORT WORTH STANDAItD CONSTRUCTION SPECIFICATION DOCUMENTS . Revised: November 9, 2011 00 72 00 - 36 GENERAL CONDITIONS Page 36 of 62 7.02 Coordincrtion A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 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 Commzrnzccztions to Contrczctor• Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Datc� City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Dzce City shall malce payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports ctnd Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set foi�th 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 Or�clers City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvcrls 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 Undisclosecl Hazardozrs Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Sczfe .ry Progrczm 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 Ciry's Project Repr•esentative 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 infoimation 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 e�austive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's effoi�ts will be directed toward providing City a greater degree of conf'idence 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 STANDAI2D CONSTRUCTION SPECIFICATION DOCUMEiNTS Revised: November 9, 2011 00 72 00-38 GENERAL CONDITIONS Page 38 of 62 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Worlc 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 Worlc 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 Determincations for� YVork Performec� 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 Deczsions on Reqzri��ements of Contract Doczrments and Acceptccbiliry of Work A. City will be the initial inteipreter 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 refened 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 Woriz A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Worlc. Upon notice of such Extra Worlc, Contractor shall promptly proceed with the Worlc involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Worlc shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Worlc not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDAItD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 39 GENERAL CONDITIONS Page 39 of 62 10.02 Unazctho�ized 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, eYcept 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: l. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.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 Worlc actually performed. 10.04 Extra Work ' A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after malcing written request for written orders and shall lceep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Satrety 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 STANDAItD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 10.06 Contrr^c�ct Claims Process A. City's Decision Requirecl: 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 Connact 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. Crry's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, talce one of the following actions in writing: 1. deny the Contract Claim in whole or in par�t; 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 fui�ther resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDAItD CONST[ZUCTION SPEC[FICATION DOCUMENTS Revised: November 9, 2011 00 �a oo - �1 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 Includecl: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Worlc. 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 Worlc. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited to the following items: l. 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 Worlc 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, worlcers' 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 incoiporated 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 machineiy, and the parts thereof whether rented from Conhactor 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 �a oo - �a GENERAL CONDITIONS Page 42 of 62 4. Payments made by Contractor to Subcontractors for Worlc performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Worlc plus a fee, the Subcontractor's Cost of the Worlc 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 Worlc. 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 Worlc. 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 worlcers, which are consumed in the performance of the Worlc, and cost, less marlcet 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 Worlc, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Worlc, 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 Conhactor'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 seivices 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, 201 I 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 Exclzcdecl.• The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attoi-neys, auditors, accountants, purchasing and contracting agents, expediters, timelceepers, clerlcs, and other personnel employed by Contractor, whether at the Site or in Conhactor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications refened to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.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 Worlc 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.O1.C. D. Doczimentation: Whenever the Cost of the Work far any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances 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 Worlc so covered to be pei�formed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bic�Allowances: l. Contractor agrees that: CITY OF FORT WORTH STANDAIZD CONSTRUCTION SPECIFICATION DOCUIvIENTS Revised: November 9, 2011 00 �z oo - �a GENERAL CONDITIONS Page �kt of 62 a. the pre-bid ailowances 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 Allo��ance: 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 achial amounts due Contractor on account of Worlc covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Pr•ice Work A. Where the Contract Documents provide that all or part of the Worlc is to be Unit Price Worlc, initially the Contract Price will be deemed to include for all Unit Price Worlc 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 Woric 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 Worlc 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. Worlc 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 worlc listed and the cost of incidental worlc included as part of the unit price. D. City may malce an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Worlc performed by Contractor differs matei•ially 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 Worlc. E. Increased or• Decreasecl Quantities: The City reserves the i•ight to order Extra Work in accordance with Paragraph 10.01. If the changes in quantities or the alterations do not significantly change the character of worlc 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 �z oo - as 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 worlc for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of worlc 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 parry 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 Qziantity MeasuNement 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. VJhen quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an ei-ror 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 STANDAIZD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - a6 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 Ch�cnge 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 Worlc 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 Worlc 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 proiit not necessarily in accordance with Paragraph 12.O1.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Worlc; or 3. where the Worlc 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.O1.B.2, on the basis of the Cost of the Worlc (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.O1.A.1, ll.O1.A.2. and 11.O1.A3, 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.O1.A.4 and 11.O1.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 Worlc plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Worlc, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �2 00 - a� 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.O1.A.1 and 11.O1.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.O1.A.6, and 11.O1.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 Contr�act 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 Worlc 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 Worlc 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 worlc 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 DOCtJMENTS Revised: November 9, 2011 00 72 00 - 48 GENERAL CONDITIONS Page 43 of 62 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Worlc of which City has actual knowledge will be given to Contractor. Defective Worlc 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 Worlc at reasonabie 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 ancl Inspections A. Contractor shall give City timely notice of readiness of the Worlc 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 Worlc (or part thereo fl 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 Worlc; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incoiporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may ai7ange for the services of an independent testing laboratoty ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Worlc, as detei�rnined 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 DOCIJMENTS Revised: November 9, 2011 00 72 00 - 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 worlc 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 Worlc 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 Worlc 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 Worlc. 2. If the uncovered Worlc 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 slcilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Worlc will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of Ciiy to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 �a oo - so 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, Conhactor shall correct all defective Worlc 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 Worlc 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 worlc of others). Failure to require the removal of any defective Worlc shall not constitute acceptance of such Worlc. B. When conecting defective Worlc under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall talce no action that would void or otherwise impair City's special wat-ranty and guarantee, if any, on said Worlc. 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 Worlc 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 Worlc has been rejected by City, remove it from the Project and replace it with Worlc that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Worlc, to the worlc 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 rislc of loss or damage, City may have the defective Work conected 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 00 72 00-51 GENERAI 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 Worlc, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Worlc (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 Worlc, 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 Ciiy'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 Worlc, 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 Worlc 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 a11ow 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 00 �z oo - sa 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 Conhact Time because of any delay in the performance of the Worlc attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schec�ule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Worlc will be based on the number of units completed. 14.02 Progress Pcryments A. Applications for� Pc�yments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Worlc 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 Worlc 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 as-rangements 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 00 72 00-53 GENERAL CONDITIONS Page 53 of 62 B. Review ofApplications: 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 Wark, 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 Worlc is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualiiications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been e�austive, 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 Worlc. 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 Worlc has been damaged by the Conhactor or his subcontractors, requiring coi7ection 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 Worlc or complete Worlc in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 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. Retcrinage: 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. Liqzridcztecl Dcrmcrges. 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. Reclz�ction in Pc�yment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Worlc, 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 Contr•actor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contrcrctor's Way�ranly of Title Contractor wanants and guarantees that title to all Worlc, materials, and equipment covered by any Application for Payment, whether incoiporated 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 �z oo - ss GENERAL CONDITIONS Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the Worlc, 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 Worlc 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.OS.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 Worlc 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 Finallnspection 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 Worlc 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 00 �a oo - s� GENERAL CONDITIONS Page 56 of 62 14.07 Final Payment A. Application for� Payment: l. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and compiete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Worlc. B. Pcryment 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 speciiically continue thereafter. 14.08 Finczl Completion Delayed and Par�tial Retaincrge Release A. If final completion of the Work is significantly delayed, and if City so conf'irms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, malce 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 Worlc 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 final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other constiuction in the Contract Documents for all Worlc locations, the City may release a portion of the amount retained provided that all other worlc is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufiicient to ensure Contract compliance will be retained. 14.09 Waive� 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 Sarspencl 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 Worlc will be resumed. Contractor shall resume the Worlc 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 deternuned 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 wi11 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 worlc, 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 00 �2 00 - ss GENERAL CONDITIONS Page 58 of 62 15.02 City May Termznate for Cczzrse 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 slcilled worlcers 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 malce good any defect in materials or worlcmanship, or defects of any nature, the coirection 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 banicrupt, 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 identiiied 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 Worlc. Conference shall be held not later than 15 days, after receipt of notice. l. 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 Worlc. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Worlc. 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 CONS"CRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 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 talce possession of the Work, and all materials and equipment incorporated into the Worlc 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 Worlc, Contractor shall not be entitled to receive any further payment until the Worlc is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Worlc, 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 setvices 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 DOCIJMENTS Revised: November 9, 2011 00 72 00 - 60 GENERAI CONDITIONS Page 60 of 62 15.03 City M�ry 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 eYtent to which performance of Worlc 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 teimination 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 discretionaiy action. B. After receipt of a notice of ternunation, and except as otherwise directed by the City, the Contractor shall: l. Stop worlc 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 Worlc under the Contract as is not tez�rninated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Worlc terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other propei-ty 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. talce 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 speciiied 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 STANDAIZD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00-61 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 final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Worlc; 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 Worlc, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to ternunation. 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 Py�ocedarres A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: ' CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS _ Revised: November 9, 2011 00 72 00 - 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 pai-ty 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 coiporation 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 speciiies giving notice by electronic means such electronic notice shall be deemed sufficient upon conf'irmation 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 Worlcing Day shall become the last day of the period. 17.03 Cumulcrtive 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 00 72 00 - 63 GENERAL CONDITIONS Page 63 of 62 17.04 Szrrvival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Worlc 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, 201 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 6 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modiiied or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. De�ned Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless speciiically noted herein. Modii►cations and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of Jana�ary 30, 2012: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER � ►�� TARGET DATE OF POSSESSION NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within fve (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4A1A.2, "Availability of Lands" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Ha�rdley Urban Vil/age CSJ: 0902-48-558 CITY PROJECT NO. 01834 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 6 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of Janara�y 30, 2012 EXPECTED UTILITY AND LOCATION OWNER TARGET DATE OF ADJUSTMENT NONE NONE NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SG4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Worlc: NONE The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: NONE SG4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: NONE SG5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, d'u•ectors, agents and employees. (1) City (2) Consultant: Fr•eese and Nrcl�ols, Inc. (3) Other: Caye Cook cYc A,s.sociates, Garrondo��a c� �1ssc�ciates SG5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GG5.04A. Statuto�y limits E»7ployer's (iabiliry $100,000 e�rch acci�lenf/occzn•rencE $100, 000 Disease - each emplo��ee �500, 000 Disease - policy limit SC-5.04B., "Contractor's Insurance" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urbnn Vilinge CSJ: 0902-98-558 CITY PROJECT NO. 0183�3 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: �1,000,000 euch occzo�rence $2> 000, 000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GG5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $I,OOO,OQO each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Boc�zlv h fzrl}� per per•son / $500, OOU Bodrll� Injury per accident / $1 D0, 000 Pr•oper•ry Dumage SG5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks NON� The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry AgreemenY' with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Parab aph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, ar touch railroad property: (1) General Aggregate: (2) Each Occurrence: $Col�frrn�i Lirnits 1a�ith IZnilroad $Con�rm Lintits ti>>ith IZaib�oad _ Requit�ed,for• this Contract ,� IVot f•eqarired,for this Contract <P�•ovide an `X" neYt to tlze appropriate selectio�� above based on t12e Contract reqz�ireme��ts? 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 Clrban Village CSJ: 0902-48-558 CITY PROJECT NO. 01834 00 73 00 - 4 SUPPLEMENTARY CONDITIONS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Page 4 of 6 l. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entu•ely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at- grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specifed above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractar. In addition, insurance must be cairied during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier <3> for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: <Bzrzzsativ locntion, Resotrrces/02-Constructiort Doctnnents/Co��st��uciion Specrficatio�� Boo/d05-Gei�ercrl nnd S�ecial Cor�dtion.s/OS. 9-YVa�e Rate AI&C 7-�-08.pcff> SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1Vone SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/ar licenses to be acquired, if any as of Feb��uary 2, 2012 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 3Q 2012 Handley Clrbcnr Village CSJ: 0902-98-558 CITY PROJECT NO. 01834 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION NONE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 NONE SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" NONE During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the wark performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Conh•actor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its boolcs, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Deparhnent of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: � C�! withholding of payments to the Contractor under the Contract until the Contractor complies, and/or cancellation, termination or suspension of the Contract, in whole or in part. 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, uniess 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, TARGET DATE OF POSSESSION CITY OF FORT WORTH Handley U�•ban Vilinge STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3 CSJ: 0902-48-558 Revised January 30, 2012 CITY PROJECT NO. 01834 00 �s oo - � SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 Page 6 of 6 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Sco e of Worlc Coordination Authorit NONE NONE NON� 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SC-8.01, "Communications to Contractor" NONE SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: NONE SC-13.03C., "Tests and Inspections" NONE SC-16.O1C1, "Methods and Procedures" NON� 31 �ND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30, 2012 Handley Urban I�iDage CSJ: 0902-98-558 CITY PROJECT NO. 01834 DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS - I DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS PRO,I�CT: FOR THE CONTRUCTION OF MISC�LLANEOUS WORK CONSISTING OF HARDSCAPE, ILLUMINATION AND PAVEMENT MARKINGS HIGHWAY: VA COUNTY:TARRANT TXDOT CSJ: 0902 48 558 The following goal for ciisadvantaged business enterprises is established: DBE 19.00% Certifcation of DBE Goal Attainment By signing the proposal, the Bidder certifes 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 CSI: 0902 48 558 CITY PROJECT NO. 01834 CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certi�es 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 Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract �a. bid/offer/application � a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d.loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier , if known : Congressional District, ifknown: 4c Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known : 9. Award Amount, if known : $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI ): different from No. 10a ) (last name, first name, MI ): 11Information requested through this form is authorized by title 31 U.S.C. section . 1352. This disclosure of lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above when this lransaction was made �/ ^ �� � or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: � � ��C__- 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 lhan $10,000 and Title: not more than $100,000 for each such failure. 2 Telephone No.: �,r� Cf Z,�-'�7Fd� Date: Fede1'81 Use 011ly: Authorized for Loca R production Standard Form LLL (Rev. 7-97) � INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCL.OSURE 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 paymentor agreementto make paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an o�cer or employeeof Congress, or an employeeof a Memberof Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriateclassification of this report. If this is a foilowup report caused by a material change to the information previouslyreported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number availablefor the Federai 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 officiai shall sign and date the form, print hislher name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Non-Collusion Affidavit 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 eYceptions that are applicable. SIGNATURE OF BIDDER Name of Bidder: Trading and doing business as �'� . ��Z F�� Print or typ ie ndividua name ��l �R� i Print or type frm name Address Witness g a re o idder, Individually 6� ��' � - Z�f/�(�- Print or pe witness' name Print or type signer's name If a Corporation affx Corporate Seal AFFIDAVIT MUST BE NOTARIZED �', Subscribed and sworn to before me this the �cs-k � �-'� % "� day of 20 ) �� . � i � 1� �LC� . � Signature of Notary Publ�ic NOTARY SEAL �11AYPUBv� DONNA J CHAPPELL +.� * NOTARY PUBLIC HANDLEY URBAN VILLAGE �.,�oF�*Py STATE OF TEXAS c,s✓.� o9oz �s sss MY COMM. EXR 7/12/14 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 fiim's name to other firm(s) interested in this work for consideration for performing a portion of this work. YES � NO B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received c�uotations for work on this project. � 2. Identify all the firms which bid as a prime contractar to which the bidder gave c�uotations for work on this project. � LJ LJ �� 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 incotporate the applicable "Wage Determination Decision", and, all subcontract agreements of $10,000 or more will incorporate the following: Special Provision Special Provision Special Provision "Certification of Nondiscrimination in Employment" "Notice of Requirement for Aff'iz�native Action to Ensure Equal Employment Opportunity" (Executive Order 11246) "Standard Federal Equal Employment Opportunity Con- struction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal-aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more) T1cDOT Requirements SEALS PAGE Freese and Nichols, Inc. Fort Worth, Texas Teresa Castillon Texas Registration Number 111323 ENGINEERING RESPONSBILITY TIrDOT 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: i E 610---015 Roadway Illumination Assemblies 620---001 Electrical Conductars 624---014 Ground Boxes 628---003 Electrical Services �����\\\ _ ,�� OF T1 ��11 �,�Q,���......��F� . . �9s I i* '• � •� �,,� / ..d ...................:... � � TERESA CASTILLbN % � .......................... / �/��°� ; 111323 .� �,�% 1��,<.� . ��CENS�O �G\��� �tsS�o .....•��,,_ �o-Z9- l2 (,����: �� '�iL2iYLt . / FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 CTl'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 24, 2012 TxDOT Requirements SEALSPAGE HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 TYDOT Requirements SEALSPAGE Caye Cool< and Associates Dallas, Texas Caye Cook Texas Registration Number 1275 LANDSCAPE ARCHITECT RESPONSBILITY TaLDOT 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 S�ecial Provisions: 161---006 Compost �ecial Specifications: 1014 Landscape Amenity � � , � � . ���� : • � . �� i ' ` � , �� + � I „ s , * � �/�� * t�, � .• !!t � i r \� � � � r \t. �� �►v, �. ..� ! !' !• i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HANDLEY URBdN VILLAGE CSJ: 0902 �18 558 CTTY PROJECT NO. 01834 Project Number: TCSP TC03 (001) Sheet 6-A County: Tarrant Control: 0902-48-558 Highway: CS * * * * Specification Data * * * * Basis of Estimate **���*�*���**�*** Item Description Rate Unit 340 Hot Mix (All Types) 115 lb/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.t�.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) County: Tarrant Highway: CS Sheet 6-B Control: 0902-48-558 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. Permanent 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-pealc hours as defined in the following table: Peak Hours Off-Pealc Hours 6 to 9 AM 3 to 7 PM 9AM to 3PM All day Saturday Monday tYuough Monday tluough and and Sunday Friday Friday 7 PM to 6 AM Monday through Friday Worlc 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 worlc. 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. Talce 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 Foi-t 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 sidewallc 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. 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 worlc. TxDOT- Environmental Affairs Division to be informed of proposed repairs to facilitate consultation with Texas Historical Commission prior to execution of repair worlc. 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, worlcing 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 fiill 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 corner of the project plans, name of the structure or element or stream, sheet numbering for the shop drawings, name of the fabricator and the name of the Contractor. 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 deiined 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 determination has been made that the PSL is non jurisdictional or proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the permit review of this project. The contractor is solely responsible for documenting any determination(s) that their activities do not affect a USACE permit 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 Department or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material in the areas shown on the plans and cross sections as speciiied in Item 110 is used for permanent or temporary fill (Item 132, Embanlcment) within a USACE permit area; b. Suitable embanlcment (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, bon•ow and disposal sites: a. Item 132, Embanlcment, used for temporary or permanent fill within a USACE permit area; and, b. Unsuitable excavation or excess excavation ["Waste"] (Item ll 0, 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, a11 project locations in the Contract, and the Contractor project specific locations (PSLs), within 1 mile of the project limits, for the Contract will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ General Notes Sheet E Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Sheet 6-F Control: 0902-48-558 for Contractor PSLs for constiuction 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 storm sewer system. Item 8. Prosecution and Progress Worlcing 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. Worlc shall include, but not be limited to: all obstructions above ground or below such as trees, sluubs, stumps, brush, roots, vegetation, logs, trash concrete, concrete driveways, culverts, curb and gutter, asphalt pavement, fences, structures, foundations, lumber, scrap metal, abandoned appliances, sprinlcler 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 proj ect with the limits of ineasurements 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 embanlcment / bacicfill 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 ii-�igation 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 Ol 30 Operation & Maintenance of Site Improvements Item 247. Flexible Base (TY A, GR 4) Furnish crushed stone, gravel, or crushed gravel aggregate conforming 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 (%) bv Wei�_ 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. Perform durability and soundness tests on RAP. General Notes Sheet G Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Dilution of tacic coat is not allowed. Sheet 6-H Control: 0902-48-558 Use design method Tex-204-F, Parts I or IV to design a miYture 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 tacic 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 ticicet. 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 Minimum Pavement Surface Temperatures in Degrees Fahrenheit Subsurface Surface Layers Layers or Night Placed in Daylight Pavin� Onerations Ot�erations PG 64 45 50 PG 70 55 60 PG 76 60 60 PG 76 65 70 General Notes Sheet H Project Number: TCSP TC03 (001) Sheet 6-I County: Tarrant Control: 0902-48-558 Highway: CS Asphalt Rubber (A-R) 65 70 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 thermal segregation. In which cases, the contractor must use either an infrared bar attached to the paver, or a hand held thermal 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. Far 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 Traffc 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 trafiic 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 trafiic is obstructed, anange warning devices in accordance with arrangements indicated in the latest edition of the "Texas Manual on Uniform Traffic Control Devices". Cover or remove any worlc zone signs when work or condition referenced is not occuning. General Notes Sheet I Project Number: TCSP TC03 (001) County: Tarrant Highway: CS Item 528. Colored Textured Concrete Color should match existing bricics. 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, sidewallc 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 storm 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: Tanant Highway: CS Item 620. Electrical Conductors. Sheet 6-K Control: 0902-48-558 For both transformer 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 worlc 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 worlc 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 brealcer. 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 cui-�ent 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 Foi-t 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 43 558 Page 1 of 3 Texas Department of Transportation Governing Specifcations 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 Specifcations: 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 I�•rigation System Plant Material Flexible Base Dense-Graded Hot-Mix Asphalt (Method) (210) (300) (301) (320) (520) (585) Concrete Pa�ement (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 TsDOT Specifications List CSJ: 0902 48 558 Page 2 of 3 Item 666 Reflectorized Pavement Markings (316) (318) (662) (677) (678) Item 672 Raised Pavement Marlcers (677) (678) Item 690 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---003 000---004 111 11. 000---009 000---011 000---1483 000---1676 000---1966 000---2329 000---2332 001---015 002---017 003---033 004---017 005---004 006---030 007---918 008---119 009---009 009---015 100---002 161---006 247---033 300---039 340---003 360---003 416---001 420---002 421---035 440---006 441---007 442---016 448---002 464---006 465---001 Notice to All Bidders Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EYecutive Order 11246) Standard federal Equal Employment Opportunity Construction Contract Specifcations (Execntive Order 11246) Certification of Nondiscrimination in Employment Department Division Mailing and Physical Addresses Notice of Changes to U.S. Department of Labor Required Payroll Infoz•mation On-the-Job Training Program Disadvantaged Business Enterprise in Federal Aid Contracts Partnering Schedule of Liquidated Damages Definition of Terms Instructions to Bidders Award and Execution of Contract Scope of Work Control of the Work Control of Materials Legal Relations and Responsibilities Prosecution and Progress Measurement and Payment Measurement and Payment Preparing Right of Way Compost F1eYible Base Asphalt, Oils, and Emulsions Dense-Graded Hot-Mix Asphalt (Method) Concrete Pavement Drilled Shaft Foundations Concrete Structures Hydrattlic Cement Concrete Reinforcing Steel Steel Structures Metal for Structures Structural Field Welding Reinforced Concrete Pipe Manholes and Inlets F� TxDOT Specifications List CSJ: 0902 48 558 Page 3 of 3 476---003 Jacking, Boring, or Tunneling Pipe or Bo:c 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 l, 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 OS-04 2004 Speciiications SPECIAL PROVISION 000---004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. General. In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications" as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2. Goals. 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 terms for the Contractor's aggregate worlc 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) perfoi�rned 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 malce a good faith effort to employ minorities and women evenly on each of its projects. The nansfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of ineeting 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 OS-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 pai-ticipating 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 subcontractars 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 worlcing days of award of any construction subcontract in excess of $10,000 at any tier for construction worlc under the contract resulting from this solicitation pending concurrence of the Department in the award. The notification shall list the names, address and telephone numbei• 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 lceeping 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 OS-04 County 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 Carnp Carson Cass Castro Chambers Cherokee Childress Clay Cochran Coke Coleman Collin Collingsworth Colorado Comal Comanche Goals for Minority Participation 22.5 18.9 22.5 44.2 11.0 11.0 49.4 27.4 19.5 49.4 24.2 11.0 44.2 16.4 47.8 24.2 19.5 18.6 19.7 27.3 23.7 49.0 I 1.0 44.2 10.9 27.4 24.2 24.2 27.4 11.6 71.0 20.2 11.0 20.2 11.0 27.4 22.5 11.0 12.4 19.5 20.0 10.9 18.2 11.0 27.4 47.8 10.9 Table 1 County Concho Cooke Coryell Cottle Crane Crockett Crosby Culberson Dallam Dallas Dawson Deaf Smith Delta Denton DeWitt Dickens Dimmit Donley Duval Eastland Ector Edwards Ellis EI Paso Erath Falls Fannin Fayette Fisher Floyd Foard Fort Bend Franklin Freestone Frio Gaines Galveston Garza Gillespie Glasscock Goliad Gonzales Gray Grayson Gregg Grimes Guadalupe 3-5 Goals for Minority Participation 20.0 1'7.2 16.4 11.0 18.9 20.0 19.5 49.0 11.0 18.2 19.5 11,0 17.2 18.2 27.4 19.5 49.4 11.0 44.2 10.9 15.1 49.4 18.2 57.8 17.2 18.6 17.2 27.4 10.9 19.5 11.0 27.3 17.2 18.6 49.4 19.5 28.9 19.5 49.4 18.9 27.4 49.4 11.0 9.4 22.8 27.4 47.8 000---004 OS-04 County Hale Hall Hamilton Hansford Hardeman Hardin Harris Harrison Hartley Haskell Hays Hemphill Henderson Hidalgo Hill Hocldey Hood Hopkins Houston Howard Hudspeth Hunt Hutchinson Irion Jack Jackson Jasper Jeff Davis Jefferson Jim Hogg Jim Wells Johnson Jones Karnes ICaufman ICendall ICenedy Kent Kerr Kimble ICing ICinney Kleberg KnoY Lamar Lamb Lampasas LaSalle Goals for Minority Participation 19.5 11.0 18.6 11.0 11.0 22.6 27.3 22.8 11.0 10.9 24.1 11.0 22.5 72.8 18.6 19.5 18.2 17.2 22.5 18.9 49.0 17.2 11.0 20.0 17.2 27.4 22.6 49.0 22.6 49.4 44.2 18.2 11.6 49.4 18.2 49.4 44.2 10.9 49.4 20.0 19.5 49.4 44.2 10.9 20.2 19.5 18.6 49.4 County Lavaca Lee Leon Liberty Limestone Lipscomb Live Oak Llano Loving Lubbocic Lynn Madison Marion Martin Mason Matagorda Maverick McCulloch McLennan McMullen Medina Menard Midland Milam Mills Mitchell Montague Montgomery Moore Morris Motley Nacogdoches Navarro Newton Nolan Nueces Ochiltree Oldham Orange Palo Pinto Panola Parker Parmer Pecos Polk Potter Presidio Rains !� Goals for Minority Participation 27.4 24.2 27.4 27.3 18.6 11.0 44.2 24.2 18.9 19.6 19.5 27.4 22.5 18.9 20.0 27.4 49.4 20.0 20.7 49.4 49.4 20.0 19.1 18.6 18.6 10.9 17.2 27.3 11.0 20.2 19.5 22.5 17.2 22.6 10.9 41.7 11.0 11.0 22.6 17.2 22.5 18.2 11.0 18.9 27.4 9.3 49.0 17.2 000---004 OS-04 County Randall Reagan Real Red River Reeves Refugio Roberts Robertson Rockwall Runnels Rusk Sabine San Augustine San Jacinto San Patricio San Saba Schleicher Scurry Shackelford Shelby Sherman Smith Somervell Starr Stephens Sterling Stonewall Sutton Swisher Tarrant Taylor Terrell Terry Throckmorton Titus Tom Green Travis Trinity Tyler Upshur Upton Uvalde Val Verde Van Zandt Victaria Walker Waller Ward Washington Goals for Minority Participation 9.3 20.0 49.4 20.2 18.9 44.2 11.0 27.4 18.2 20.0 22.5 22.6 22.5 27.4 41.7 20.0 20.0 10.9 10.9 22.5 11.0 23.5 17.2 72.9 10.9 20.0 10.9 20.0 11.0 18.2 11.6 20.0 19.5 10.9 20.2 19.2 24.1 27.4 22.6 22.5 18.9 49.4 49.4 17.2 27.4 27.4 273 18.9 27.4 County Webb V✓harton Wheeler Wichita Wilbarger W illacy Williamson Wilson W inkler Wise Wood Yoakum Young Zapata Zavala � Goals for Minority Participation 873 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 OS-04 2004 Specifications SPECIAL PROVISION 000---006 Standard Federal Equal Employment Opportunity Construction Contract Speci�cations (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 Paciiic 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 OS-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 talce good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a tluough 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 malce 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 nonworlcing 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 affirmative 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 worlc. 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 worlcing environment, with speciiic 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 OS-04 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 talcen 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 information 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. g. Review, at least annually, the company's EEO policy and afiirmative 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 worlc 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. i. 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 OS-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. j. 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 worlcforce. 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 seelc or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, worlc 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 fuliilling one or more of their afiirmative 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 tluough 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 i•eflected in the Contractor's minority and female worlcfoi•ce 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 talcen 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 talce affirmative action for all minority groups, both male and female, and all women, both 4-6 000---006 OS-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 firm 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 worlced 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 form; 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 OS-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 OS-04 2004 Specifications SPECIAL PROVISION 000---009 Certi�cation 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 iile 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 iiling requirements. Note: The above certiiication is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. 1-1 000---009 04-04 2004 Specifications 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/. SPECIAL PROVISION Table 1 Department Division Mailing and Physical Addresses Division/Section Name U.S. Post Of�ce Address Physical Address Bridge Division Te�as Department of Transportation Bridge Division 125 E 11`j' Street Austin TX 78701-2483 Bridge Division Fabrication Branch ll 8 E. Riverside Dr. Austin, Texas 78704 (512) 416-2187 Construction Division Construction Section Materials & Pavements Section Texas Department of Transportation Construction Division Construction Section 200 E. Riverside Drive Austin TX 78704 Texas Department of Transportation Construction Division Materials & Pavements (CP51) 125 E ll"' Street Austin TX 78701-2483 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 1-2 000---011 09-04 Division/Section Name U.S. Post Office Address Physical Address Maintenance Division Ma'tntenance Section Texas Department of Transportation Maintenance Division Maintenance Section 125 E 11 `h Street Austin, TX 78701 Maintenance Division Maintenance Section 150 East Riverside Drive Fourth Floor, North Tower Austin, TX 78704 (512) 416-3185 Vegetation Management Section Traffic Operations Division Traffic Operations Division Traffic Engineering Traffic Management-ITS Branch Traffic Management- Signal/Radio Branch Texas Deparhnent of Transportation Maintenance Division Vegetation Management Section 125 E 11°i Street Austin, TX 78701 Texas Department of Transportation Traffc Operations Division 125 E 11 `�' Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffic Engineering Section 125 E 11 `�' Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffic Management Section 125 E 11 °i Street Austin TX 78701 Texas Department of Transportation Traffic Operations Division Traffc Management Section- Signal/Radio Branch 125 E 11 °i Street Austin TX 78701 2-2 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. Riveiside Bldg. 118 Austin, Texas 78704 512-416-3200 TeYas Department of Transportation Traffic Operations Division Traffic Engineering Section 200 E. Riverside Bldg. 118 Austin, Texas 78704 (512)416-3118 Texas Depa��tment of Transportation Traffc 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. Foi�rn FHWA 1273 and optional form 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 journeyworlcer status. Accordingly, malce 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 performed 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 journeyworlcer'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 Department. 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 car�y 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 worlc 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, 1-11 000--1966 06-10 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. "Brolcer" is an intermediary or middleman that does not talce 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 iirm 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, slcills 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 iinancial 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, ai-ticles, 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 tYuough customary competitive procurement procedures. j. "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 conti•act are bought, lcept in stocic, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. 2-11 000--1966 06-10 A regular dealer in such bullc items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Brolcers, pacicagers, 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 Ofiice of Civil Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the l Oth 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 performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non-DBE, that information must be reported on Form SMS.4902. 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 worlc 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 worlc 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 malce a portion of the worlc available to DBE subcontractors and suppliers and select those portions of the worlc 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 worlc. • A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would talce a firm price and capabilities as well as conh•act 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 worlc of the Contract with its own organization does not relieve the Bidder of the responsibility to malce 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 industiy, inembership in specific groups, organizations, or associations and political or social afiiliations (for example union vs. non- union employee status) are not legitimate cause for the rej ection or non- solicitation of bids and the Contractors efforts to meet the project goal. • Malcing efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. • Malcing 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. 11 th Street, Austin, Texas 78701-2483. f. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A3.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 sha11 submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the 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 http://www.dot.state.tx.us/business/tucp/default.htm. 5-11 000--1966 06-10 c. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of worlc for which they are certified. d. Only DBE firms 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 worlc 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 worlc performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the worlc of its contract to another firm, the value of the subcontracted worlc may be counted toward DBE goals only if the subcontractor is itself a DBE. Worlc that a DBE subcontracts to a non-DBE firm 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 deiined 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 worlc 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 malce efforts to assist interested DBEs in obtaining necessaiy equipment, supplies, matez•ials, 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 (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 worlc force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF (3) A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational trucic 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. i (b) The DBE may lease trucics from another DBE firm, including an ;" owner operator who is certified as a DBE. The DBE who leases i 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 trucics 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 trucics giving the DBE absolute priority for use of the leased trucics. 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. (5) Project materials or supplies acquired fiom an affiliate of the prime contractor can not directly or indirectly (2"d 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 lA.c.(1) of this provision.) For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the speciiications. (2) If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.S.c.(2)), a regular dealer is a iirm 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 stocic, and regularly sold or leased to the public in the usual course of business: (A) To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bullc 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.S.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) Pacicagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A.S.c.(2). (3) With respect to materials or supplies purchased fi•om 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 checic to the DBE and the material supplier and the DBE iirm 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 checics 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 iinal 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 checics paid to DBEs on a random basis. Cancelled checics 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 worlc, 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 Form SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report." e. Provide a cei~tification 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 final payment for the contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the Department. 10-11 000--1966 06-10 The prime Contractor is prohibited from providing worlc 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 iinding another DBE to perform at least the same amount of worlc under the contract as the DBE that was terminated, to the extent needed to meet the contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the 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 Worlcsheet," 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 maYimum 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 deiined 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 cai7y 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. 11-11 000--1966 06-10 2004 Specifications SPECIAL PROVISION ill i 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 seelcing 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 (staf� 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. Marlcups 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 Formal 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 For pollar Amount of Original Contract From More Than 0 100,000 500,000 1,000,000 1,500,000 3,000,000 5,000,000 10,000,000 20,000,000 To and Including 100,000 500,000 1,000,000 1,500,000 3,000,000 5,000,000 10,000,000 20,000,000 Over 20,000,000 Dollar Amount of Daily Contract Administration Liquidated Damages per Working Day 570 590 610 685 785 970 1125 1285 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: L50. Disadvantaged Business Enterprise (DBE). A small business certified through the Texas Uniiied 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, trucic owner-operator, wholly owned subsidiary, or specialty- type businesses such as security companies and rental companies. The following Articles are voided and not replaced. 1.9�. 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 stocicholder 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 fiims 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 worlc described in the plans and specifications including any changes made by addenda. 1.152. Bid Guaranty. The secui•ity 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 (ESS). 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 form 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 Depai-tment'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 Form and an audited financial statement or a Bidder's Questionnaire Form 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 Form 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 form 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 form 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 prequaliiication. • 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 worlc 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 malces no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in malcing foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of watei• elevations other than for the date recorded. Oral explanations, instructions, or consideration for contractor-proposed changes in the Items of worlc, 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 forms 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 blanlc 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 foi�rn 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. Acicnowledge all addenda. A. Printed Bid Forms. Malce all entries and execute the bid form in inlc. Acicnowledge all addenda by checicing the appropriate box on the addendum acknowledgement page. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. 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 format 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 form. 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 form 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 form. 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 worlcing 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 form 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 checic or a bid bond. An electronic bid bond may be used as the guaranty for a bid form 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 checics 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 checic, money order, or teller's checic drawn by or on a state or national banic, a savings and loan association, or a state or federally chartered credit union (collectively referred to as "bank"). The checic must be dated on or before the date of the bid opening. Post dated checics will not be accepted. The type of checic or money order must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A checic 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 banic The Department will not accept personal checics, certified checics, or other types of money orders as a bid guaranty. B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of attorney attached, and in the amount speciiied 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 authoi•ized 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 marlced 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 deliveiy, 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 malce revisions to a bid on behalf of a Bidder. B. Electronically Submitted Bids. Malce 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 Ofiicial. 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 Ofiicial 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 ofiicial 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, "Termination 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 biddei• 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 iive-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 determination 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 blanlc 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 blanlc. 6-8 002---017 02-09 F. Consicleration of Alternate Items. The Department will malce 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 entty 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. Speciai Item Considerations. l. 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 enor 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 worlc 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 enor relates to a material Item of worlc. • The bid ei-ror amount is a significant portion of the total bid. • The bid ei7or occurred despite the exercise of ordinary care. • The delay of the proposed worlc 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 Conh•actor's bid enor 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 cei-tificate issued by the department at all times. Promptly report compromised digital certificates to the Department. Select an Internet Seivice 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 fot�rn do not contain such things as the special provisions, special specifications, and general notes. These documents are included by reference. Manual bid forms (traditional proposals) will include such provisions. 8-8 002---017 02-09 2004 Speciiications SPECIAL PROVISION 003---033 Award and Execution of Contract For this project, Item 003, "Award and Execution of Contract," of the Standard Speciiications, 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 iirst 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: http://www.txd�t.�ov/txdot Iibrary/consultants_contractors/forms/contractors.htin 1-1 003---033 07-09 2004 Speciiications SPECIAL PROVISION 004---017 Scope of Work For this project, Item 4, "Scope of Worlc," 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 % of > 50 and < 75 >25and<50 < 25 Based Price Ad'ustment Factors Factor 1.05 1.15 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 performing additional work are not considered damages. For contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or marlcups, 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 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 tracicing system to submit and tracic 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 tracldng 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. Worlc 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 iinal 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 Worlc," 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 internet at http:/hvww.dot.state.tY.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 (NR_Ms) only if the Specification for the Item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, `Bvaluating 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 l, "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 worlc wholly or in pai�t 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. Perform 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 worlc 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 unlcnown ACM has been found, the Department will arrange for abatement by a separate contractor during the Contract. For worlc at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before worlc is to begin to allow the Department sufficient time to abate the asbestos. When the worlc by a separate contractor for removal of paint or asbestos abatement is to be performed during the Contract, provide traffic control as shown on the plans and coordinate and cooperate with the separate contractor. Continue other worlc 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 worlc in advance in order to allow the Department to schedule work with the separate contractor. Worlc for the traffic control and other worlc will not be paid for directly but will be subsidiary to pertinent Items. 2-2 006---030 01-07 2004 Speciiications SPECIAL PROVISION CQIII�!S_E:? Legal Relations and Responsibilities For this project, Item 7, "Legal Relations and Responsibilities" of the Standard Speciiications, 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 Ai-ticle 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 Re uirements T e of Insurance Amount of Covera e Commercial General Liability Insurance ot Less Than: 600,000 each occurrence usiness Automobile Policy ot Less Than: 600,000 combined single limit Workers' Compensation ot Less Than: tatutory 11 Risk Builder's Risk Insurance 100% of Contract Price For building-facilities conh�acts only) By signing the Contract, the Contractor certiiies compliance with all applicable laws, ililes, 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 Worlcers' 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 Rislc Builder's Risk Insurance to protect the Department against loss by storm, fire or extended coverage perils on worlc 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 Conti•act amount within 15 days of notification if the Surety is declared banlcrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the State. The substitute Surety must be authorized by the laws of the State and acceptable to the Department. Worlc will be suspended until a substitute Surety is provided. Worlcing 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. Stocicpiling of Materials. Do not store or stocicpile material on bridge structures without written per-mission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to struchires that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Article 7.14. Contractor's Responsibility for Worlc, 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 reimbtusement 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. Defnitions, Section 3. Certi�ed Person is voided and replaced by the following: 3. Certified Person. A certiiied 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) certiiications for "TxDOT Electrical Systems" course will no longer be accepted. All TRF 450 certiiications 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. De�nitions, Section 4. Licensed Electrician is voided and replaced by the following: 4. Licensed Electrician. A licensed electrician is a person with a cur�ent 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 worlc locations at all times electrical worlc 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 Depai-tment 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 uruestricted 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 Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M(NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory bacicground 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 strticture 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 postmarlced at least 10 worlcing 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 worlc. 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 Department's notification to DSHS to be postmarlced at least 10 days in advance of the achial worlc. Failure to provide the above information may require the temporary suspension of worlc under Article 8.4, "Temporary Suspension of Worlc or Worlcing 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 �.20, Agricultural Irrigation. This Item is supplemented by the following: Regulate the sequence of work and malce provisions as necessary to provide for agricultural ii�-igation or drainage during the worlc. Meet with the Ii�igation District or land owner to determine the proper time and sequence when ir�igation demands will permit shutting-off water flows to perfoi�rn work. Unless otherwise provided on the plans, the woi•k 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 worlc 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 worlc 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 worlc. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this Section, satisfactory completion is accomplished when: • the subcontractor has fulfilled the Contract requirements of both the 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 worlc 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 worlc, 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 additiona155% of the labor cost, excluding the 25% compensation provided in Section 9.S.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: Table 1 Ph sical Re uirements for Com ost Property Test Method Requirement Particle Size 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 Heavy Metals Content 04.06-Pb, Lead Pass 04.06-Hg, Mercury 04.06-Mo, Molybdenum 04.06-Ni, Nickel 04.06-Se, Selenium 04.06-Zn, Zinc Salinity TMECC 04.10-A, "1:5 Slurry Method, Mass Basis" 5.0 dS/m MaY2 pH TMECC 04.11-A, "1:5 Slurry pH" 5.5-8.5 Maturity TMECC 05.05-A, "0/a Emergence and Relative Seedling � 8�0�0 V igor" Organic Matter Content TMECC 05.07-A, "Loss-On-Ignition Organic Matter 25-65% (dry mass) Method" Stability TMECC 05.08-B, "Carbon Dioxide Evolution Rate" < 8 Fecal Coliform TMECC 07A1-B, "Fecal Coliforms" 1,000 MPN/g MaY 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 �vill be acceptable. Maintain compost in designated stocicpiles 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 Speciiications 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: Table 1 Material Re uirements Property Test Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Method Master gradation sieve size (cumulative % retained) 2-1/2 in. Tex-110-E 0 0 0 1-3/4 in. 0 0-10 0-10 0-5 7/8 in. 10-35 — — As shown on 10-35 3/8 in. 30-50 — — the plans 35-65 No.4 45-65 45-75 45-75 45-75 No.40 70-85 60-85 50-85 70-90 Liquid Limit, As shown on % max.l Tex-104-E 35 40 40 the lans 35 Plasticiry Index, As shown on max.l Tex-106-E 10 12 12 the lans 10 Plastici index, min.i As shown on the lans Wet ball mill, 40 45 _ As shown on 40 % max.Z the lans Wet ball mill, % max. Tex-116-E increase passing the 20 2p _ As shown on 20 No. 40 sieve the plans When When Classification, max. 3 Tex-117-E shown on shown on — Athe p an on _ the lans the lans Min. compressive stren th, si lateral ressure 0 si Tex-117-E 45 35 _ As shown on lateral ressure 3 si _ _ _ the plans 90 lateral ressure 15 si 175 175 — 175 1. Determine the plastic index in accordance with Tex-107-E (linear shrinkage) when liquid limit is unattainable as defined in Tes-104-E. 2. When a soundness value is required by the plans, test material in accordance with TeY-411-A. 3. When Classification is required by the plans, a tria;cial Classifcation of 1.0 or less for Grades 1 and 2.3 or less for Grade 2 is required. The Classifcation 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 reiinishing at the Contractor's expense. Article 247.4. Construction, Section G Comp�ction, Section 2. Density Control �rst 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 Speciiications 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: Table 4 Ra id-Curin Cutback As halt Property Test Type—Grade Procedure RC-250 RC-800 RC-3000 Min : Max Min ; Max Min : Max Kinematic viscosity, 140°F, cSt T 201 250 ; 400 800 ; 1,600 3,000 ; 6,000 Water, % D 95 — ; 0.2 — ; 0.2 — � 0.2 Flash oint, T.O.C., °F T 79 80 ;— 80 � — 80 — Distillation test: T 78 I Distillate, percentage by volume of ; total distillate to 680°F i to 437°F 40 ; 75 35 ; 70 20 ; 55 to 500°F 65 ; 90 55 ; 85 45 ; 75 to 600°F 85 — 80 — 70 — ; Residue from distillation, volume % 70 — 75 � — 82 — Tests on distillation residue: � Penetration, 100 g, 5 sec., 77°F T 49 80 ; 120 80 ; 120 80 � 120 Ductility, 5 cm/min., 77°F, cm T 51 100 �— 100 ; — 100 ;— Solubility in trichloroethylene, % T 44 99.0 ;— 99.0 ; — 99.0 i— S ot test 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---039 07-11 Table 5 Medium-Curin Cutback As halt Test T e—Grade Property procedure MC-30 MC-250 MC-800 MC-3000 Min ; Max Min ; MaY Min ; Max Min ; Max Kinematic viscosity, 140°F, cSt T 201 30 : 60 250 ; 500 800 �1,600 3,000 ;6,000 Water, % D 95 —; 0.2 —; 0.2 — i 0.2 — i 0.2 Flash oint, T.O.C., °F T 79 100 ;— 150 ;— 150 ;— 150 �— Distillation test: T 78 ' , , Distillate, percentage by volume of ; . total distillate to 680°F ; to 437°F — 25 — 10 — — — — to 500°F 40 ; 70 15 � 55 —; 35 —� 15 to 600°F 75 � 93 60 ; 87 45 ; 80 15 ; 75 Residue from distillation, volume % 50 ;— 67 ;— 75 i— 80 i— Tests on distillation residue: � Penetration, 100 g, 5 sec., 77°F T 49 120 � 250 120 � 250 120 ; 250 120 ; 250 Ductility, 5 cm/min., 77°F, cml T 51 100 ;— 100 ;— 100 ;— 100 ;— Solubility in trichloroethylene, % T 44 99.0 i— 99.0 ;— 99.0 ;— 99.0 �— S ot test Tex-509-C Ne . Ne . Ne . Ne . 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 Cutbacic Asphalt" is voided and replaced by the following: Table 6 S ecial-Use Cutback As halt Pro er Test T e—Grade Procedure MC-2400L SCM I SCM II Min � Max Min � Max Min � Max Kinematic viscosity, 140°F, cSt T 201 2,400 ; 4,800 500 ; 1,000 1,000 i 2,000 Water, % D 95 —; 0.2 —; 0.2 —; 0.2 Flash oint, T.O.C., °F T 79 150 ;— 175 ;— 175 �— Distillation test: T 78 ' Distillate, percentage by volume of ; ; total distillate to 680°F � � to 437°F — — — — — — ; � ; to 500°F —; 35 —; 0.5 —; 0.5 to 600°F 35 ; 80 20 ; 60 15 ; 50 Residue from distillation, volume % 78 ;— 76 ;— 82 ;— Tests on distillation residue: , , Polymer SBR — — Polymer content, % (solids basis) Tex-533-C 2.0 ; — — ; — — ; — Penetration, 100 g, 5 sec., 77°F T 49 150 ; 300 180 �— 180 :— Ductility, 5 cm/min., 39.2°F, cm T 51 50 ;— —�— —;— Solubilit in trichloroeth lene, % T 44 99.0 �— 99.0 ;— 99.0 ;- 2-2 300---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 Speciiications, 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 brealc 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 worlc 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 perform 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 stocicpile will contain only material retained by processing over a 3/8 in. screen or 1/2 in. screen unless otherwise approved. The iine RAP stocicpile 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. Perform 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 iinal 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 inteimediate 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 O 1-09 the decantation value exceeds 5% and the plasticity index is greater than 8. Test the stocicpiled 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 stocicpiles 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 stocicpile 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 stocicpiles, 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 stocicpiled RAS. 2-2 340---003 O 1-09 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 inembrane 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 O l -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 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 "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.S.A.1, "Ovenun." 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 trafiic 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-trafiic 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 sidewallc 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 cur•e over standing water. 1-2 420---002 09-OS 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 Sc� = Actual strength from cylinders or cores Ss = Specified design strength Bp = Unit bid price 2-2 420---002 09-OS 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 Contaminant Test Method Maximum Concentration m Chloride (C1) ASTM C 114 Prestressed concrete 500 Bridge decks and superstructure 500 All other concrete 1,000 Sulfate SO.� ASTM C 114 2,000 Alkalies Na20 + 0.658K20 ASTM C 114 600 Total Solids ASTM C 1603 50,000 Article 421.2.B. Supplementary Cementing Materials (SCM) is supplemented with the following: 6. Modiiied 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 Acce tance Criteria for uestionable Water Su lies Pro ert Test Method Limits Compressive strength, min. % ASTM C 31, ASTM C 39`�2 90 control at 7 da s Time of set, deviation from ASTM C 403 From 1:00 early to 1:30 later control, h:min. 1. Base comparisons on fxed 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---03 5 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: A1 = acid insoluble (%) of aggregate 1 A2 = acid insoluble (%) of aggregate 2 PI = 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 necessaiy to complete the concrete mix design, provide intertnediate aggregate consisting of clean, hard, durable particles of natural or lightweight aggregate or a combination thereo£ Provide intermediate aggregate free from frozen material and from injurious amounts of salt, allcali, 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 darlcer 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: AIicr > 60 - (AI��(Pfa�, ( Pza) where: AIfcz = 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 Picz = 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 trucics in lieu of the NRMCA or non-Department engineer sealed certiiications. 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 Classi�cation 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: Table 5 Concrete Classes Design Class of Strength, Maximum Coarse � Concrete M1°' W/C Ratio' Aggrega 3e General Usage 28-day f'� Grades ' si Inlets, manholes, curb, gutter, curb & gutter, A 3,000 0.60 1-4, 8 conc. retards, sidewalks, driveways, backup walls, anchors B 2,000 0.60 2-7 Ri ra , small roadside si ns, and anchors Drilled shafts, bridge substructure, bridge CS 3,600 0.45 1-6 railing, culverts eYcept top slab of direct trafiic culverts, headwalls, wing walls, approach slabs, concrete traffic barrier (cast-in- lace) C(HPC) 3,600 0.45 1-6 As shown on the lans D 1,500 0.60 2-7 Ri ra E 3,000 0.50 2-5 Seal concrete FS Note 6 0.45 2_5 Railroad structures; occasionally for bridge iers, columns, or bents F(HPC)5 Note 6 0.45 2-5 As shown on the lans HS Note 6 0.45 3� Prestressed concrete beams, boxes, piling, and concrete traffic barrier ( recast) H(HPC) Note 6 0.45 3� As shown on the lans S 4,000 0.45 2-5 Brid e slabs, to slabs of direct traffic culverts 3-7 421---035 08-09 Design Class of Strength, Masimum Coarse � Concrete Min. �y�C Ratio� Aggrega 3e General Usage 28-day f'� Grades ' si S HPC)5 4,000 0.45 2-5 As shown on the lans P See Item 360 0.45 2-3 Concrete avement DCS 5,500 0.40 6 Dense conc. overla COS 4,600 0.40 6 Conc. overla LMCS 4,000 0.40 6-8 Late�-modified concrete overla SS5 3,600� 0.45 4-6 Slurry displacement shafts, underwater drilled shafts KS Note 6 0.45 Note 6 Note 6 HES 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 speciiied 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---03 5 1: 1• 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 permeability 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 certiiied 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 3.5 ib. per cubic yard of concrete when calculated as follows: lb. alkali per cu. yd. _�lb. cement per cu. ��d.) (% Na2 O 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 laboratoiy 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 permeability 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 Tolerance % Cement, wt. -1 to +3 SCM wt. -1 to +3 Cement + SCM (cumulative wei hin ), wt. -1 to +3 Water, wt. or volume �3 Fine a re ate, wt, f2 Coarse a regate, wt. �2 Fine + coarse a re ate (cumulative wei hin ), wt. � 1 Chemical admiYtures, wt. or volume �3 6-7 421---03 5 08-09 Article 421.4.E. Mixing and Delivering Concrete. The iirst paragraph is supplemented with the following: Do not top-load new concrete onto returned concrete. Article 421.4.E.3. Truck-Mixed Concrete. The iirst paragraph is voided and replaced by the following: Mix the concrete in a trucic 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---03 5 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.S.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. Table 3a Acce table T es of Deformed Steel Bar UNS Desi nation 531653 S31803 S2�100 532304 AISI T e 316LN 2205 XM-28 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 dir reinforcement, nor with galvanized reinforcement. This wires and ties. Store stainless steel bar reinforcement wooden supports. ect contact with uncoated steel does not apply to stainless steel separately, off the ground on 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: Perform all fabrication in accordance with AASHTO/NSBA Steel Bridge Collaboration 52.1, including fabrication of non-bridge members. Follow all applicable provisions of the appropriate AW S 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 52.1. In case of a conflict between this Item and 52.1, follow the more stringent requirement. Perform 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 performing 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 CP 189. 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 perform ultrasonic testing for the Department will be revoked when the technician's employment is terminated, 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 permitted. 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. F1uY 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 worlced. 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 52.1 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 rocicer 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 iirst paragraph is voided and replaced by the following: 2-3 441---007 10-11 L 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, BoY 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 Speciiications SPECIAL PROVISION C��:�IZiya 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 speciiied 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 thermometer 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 sticics, 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 sufiicient 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.S.a, "Radiographic Testing" for radiograph film quality. 1-1 448---002 06-09 2004 Specifications SPECIAL PROVISION � �� I 1 � 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 Qualiiication," before fiunishing 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 Culvei�t Fabrication and ' Plant Qualiiication." Article 464.2. Materials, Section B. Design, l. General. Table 2 is voided and replaced by the following: Table 2 Arch Pi e Design Size Equivalent Rise (in.) Span (in.) Diameter (in.) 1 18 13-1/2 22 2 21 15-1/2 26 3 24 18 28-1/2 4 30 22-1/2 36-1/4 5 36 26-5/8 43-3/4 6 42 31-5/16 51-1/8 7 48 36 58-1/2 8 54 40 65 9 60 45 73 10 72 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 marlced with the following information specified in DMS-7310, "Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualifcation": • class or D-Load of pipe, • ASTM designation, • date of manufacture, • pipe size, • name or trademarlc 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 iinished 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 conforms 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 cai7ied on without interruption, insofar as practicable, to prevent the pipe from becoming firmly set in the embanlcment. 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 Soring 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 sufiicient 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 Casin Sin le Conciuit Bores Multi le Conduit Bores Conduit Size (in.) MaYimum 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 Speciiications, 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, performance, 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 determined 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 Traf�c 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 Speciiications, 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-standaxd illumination pole shop drawings and calculations are linlced to the "Shop Drawings" page located online at: http://w��v.dot.state.tx.us/business/contractors consultants/bridce/shop drawing�s/default.htm 1-1 610---015 07-12 2004 Specifications SPECIAL PROVISION C'S►�IZIIIj1 Electrical Conductors For this project, Item 620, "Electrical Conductors," of the Standard Speciiications, 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 blacic with green tape marlcing 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 worlc 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 fi�ll compensation for excavating and bacicfilling; 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 additional5% 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 O (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 bacicground exhibit uniform 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, waips, 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 blanlcs in conformance 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 inlcs or colored transparent iilms. 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 finished signs off the ground and in a vertical position until erected. Store iinished 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 bacicground 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, bracicets, 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 Speciiications SPECIAL PROVISION 672---034 Raised Pavement Markers For this project, Item 672, "Raised Pavement Marlcers," 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. 3-3 672---034 1: 1: 2004 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 1122--001 Temporary Erosion, Sedimentation, and Environmental Controls For this project, Special Specification Item ll22, "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 http://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 struch�res, storm water control measures, and seeding activities must complete the following training located at http://txdot.gov/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 •"Storm 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 http://www.uta.edu/ced/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 Conshuction", • ENV432, "Construction General Permit Compliance", • ENV433, "Construction Stagegate Compliance", and • CON 816, "Environmental Management System, Construction Stage Gate Checiclist (CSGC)". Training and associated fees will not be measured or paid for directly but are considered subsidiary to this Item. 1122--001 OS-12 2004 Specifications SPECIAL SPECIFICATION 1014 Landscape Amenity ' 1. Description. Instali 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 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 "Landscape Amenity" or "Landscape Amenity" of type speciiied. This price is full compensation for furnishing all materials, equipment,labor, and incidentals. 1-1 1014 12-04 2004 Specifications SPECIAL SPECIFICATION `iF�►� 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. Perform 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 performed 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 Permit 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 OS-12 • Minimum 0.1063 in. steel wire for selvages and corners; 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 conforms to the plans. Provide rocic 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, allcali, 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-term construction exits, free of large and loose lcnots 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. thicic. 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. Embanlcment for Erosion Control. Provide rocic, 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 OS-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 iill 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 % b Wei ht 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 nominal2 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 OS-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 temporaiy 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 deform. 3. Quali�cations, 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 storm 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 identiiied in Article 3.C. Training. Document and submit a list to the Engineer of employees who have completed the training. B. Contractor Superintendent Quali�cations and Responsibilities. Provide a superintendent that is competent and has experience with and lcnowledge 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 storm 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 OS-12 C. Training. All Contractor and subcontractor employee's directly involved in the earthwork activities, small or large structures, storm water control measures, and seeding activities are required to complete the training identified by the Department prior to worlcing 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 Pei�rnit TXR150000, and as directed by the Engineer. Coordinate storm water management with all other worlc 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 iield 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 permanent control measures at the earliest time possible. Implement temporaiy control measures when required by the TPDES General Permit TXR150000 or otherwise necessitated by project conditions. Do not prolong iinal 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 OS-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 impairment of a listed water body, or other state or federal law. D. Installation, Maintenance, and Removal Worlc. Perform work in accordance with the SWP3, according to manufacturers' guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until earthworlc 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. Malce corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the worlc site for each control measure. The only acceptable reason for not accomplishing the cor�•ections with the time frame specified is when site conditions are "Too Wet to Work". If a coirection 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 OS-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 permit, and as shown on the plans or directed. The Contractor retains ownership of stocicpiled 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 l, 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 lcinks and bends. For vertical filling, connect the sides by lacing in a single loop—double loop pattei-n on 4- 7-16 1122 OS-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 iilling 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 sacic 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 embanlcment 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 embanlcment as shown on the plans or as directed. Form the top of the embanlcment or earth dilce 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 embanlcment (including compaction of the subgrade) of material to the dimensions shown on the plans, unless otherwise indicated. Install a rocic 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 tracicing conditions exist, prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewallc, 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 OS-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 Embanlanent 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 berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementaiy 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 OS-12 Incoiporate 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. Backf'ill 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 pocicets 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 (wealc iibers), • fabric without excessive patching (more than 1 patch every 15 to 20 ft.), • posts without bends, and � bacicing 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 normal 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 tracic impressions. Install 10-16 1122 OS-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 Checiclist 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. l. 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 OS-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. Embanlcment 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 embanlcment for the feature. b. In Vehicles. Excavation and embanlcment quantities will be combined and paid for under "Earthworlc (Erosion and Sediment Control, In Vehicle)." Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measiired by the cubic yard in vehicles measured at the point of delivery. Shrinlcage 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. Tem�orary 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 Tracl�ing. Vertical tracicing will not be measured or paid for directly but is considered subsidiaiy 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 permanent controls; • removal and reinstallation of devices and features needed for the convenience of the Contractor; • iinish 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 embanlcment feature, or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. 12-16 1122 OS-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 worlc 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: L Installation. Installation will be paid for as "Rock Filter Dams (Install)" of the type speciiied. This price is full compensation for furnishing and operating equipment, finish bacicfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Rocic 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 bacicfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. B. Temporary Pipe Slope Drains. The worlc 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 speciiied. 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 wi11 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." G Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Paved Flume (Install)" or "Temporary Paved Flume (Remove)." This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the 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 OS-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. Earthworlc required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under "Earthworlc 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 worlc 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 Earthworlc for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Excavation (Erosion and Sediment Control, In Place)", "Embanlcment (Erosion and Sediment Control, In Place)" "Excavation (Erosion and Sediment Control, In Vehicle)", "Embanlcment (Erosion and Sediment Control, In Vehicle)", or "Earthwork (Erosion and Sediment Control, In Vehicle)". This price is full compensation for excavation and embanlcment 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. Sprinlcling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 2. Maintenance Earthworlc for Erosion and Sediment Control for Cleaning and/or Restoring Control Measures. The work performed 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 OS-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. Earthworlc 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 subsidiaiy 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 performed and materials furnished in accordance with this Item and measured as provided under "MeasuremenY' 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 OS-12 I. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 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 OS-12 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 11. 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 Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federai Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying 3. A breach of any of the stipulations contained in these Required Contract Provisions may be su�cient 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. 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. Form 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. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to ail 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 co with the following policies: Executive Order 11246, 41 CF 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Ti of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 Parts 200, 230, and 633. mply R 60, tle VI CFR 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 foliowing 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 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 supenrisory or personnei 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 contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of ineetings, 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 potentiai 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 contractor's 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 Federai nondiscrimination provisions. c. The contractor will encourage its present empioyees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnei Actions: Wages, working conditions, and employee benefits shail 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 shali 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 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's 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 empioyees 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 wiil 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 currentiy 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 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 appiicable 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 coilectors, 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 thereo� 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 alieged 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 shali 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 actuaily 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 additionai classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (VVH-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 o�cer 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 ciassification 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, wiil 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 o�cer 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 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 performing 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 reasonabiy 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 applicabie 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 pian 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 fuil 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-eacon 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 reasonabiy 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 financialiy 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 payroils to the contracting agency. The payrolis 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 fuil 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 indirectiy, 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. (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. Furtheimore, 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 ciassification 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 actualiy 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 houriy rate) specified in the contractor's or subcontractor's registered program shall be obsenred. 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 applicabie apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and l.abor Services, or a State Apprenticeship Agency recognized by the O�ce, 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 houriy 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 approvai 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. 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 houriy 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 contractor's 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 invoive 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 shali 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. 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 contractor's 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. �eased employees may only be included in this term if the prime contractor meets ali of the following conditions: (1) the prime contractor maintains controi 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 o�cer 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 fulfiliment 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 h i s p r o v i s i o n i s applicabie 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 heaith 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 h i s p r o v i s i o n i s 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: "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 faise 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 CONTRO� 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, Federai-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 defauit. 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 ParticipanY' 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 ParticipanY' 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 �ist System website (https://www.epis.qov/), which is compiled by the General Senrices Administration. 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 (� 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 knowiedge 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 ParticipanY' 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 proposai that, should the proposed covered transaction be entered into, it shali 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 ciause 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 (https:!/www.epis.qov/), 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 � 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 presentiy 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 proposai, to the best of his or her knowiedge and belief, that: a. No Federal appropriated funds have been paid orwill 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 certi�cation 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 accordingiy. � ATTACHMENT A- EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regulariy 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 obiigation of the contractor to offer employment to present or former employees as the resuit of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) 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 fuli consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 01I100-1 SUMMARY OF WORK Page 1 of 3 1 2 3 PART1- GENERAL ��l�t.Yi1U1U /�`�•1 5 6 7 8 SECTION Ol 11 00 SUMMARY OF WORK A. Section Includes: 1. Summaly of Work to be performed in accordance with the Contract Documents B. Deviations from this CiTy of Fort Worth Standard Specification 1. None. 9 C. Related Specification Sections inchide, 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. Worlc 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 REQUII2EMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Worlc necessaiy for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A r•easonable amount of tools, materials, and equipment for consti•uction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17. 2011 HANDLEY DRB�1N VILLdGE CSI: 0902 48 558 CITY PROJECT NO. 01834 oilioo-a 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 fi•ee and unobsh�ucted 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracics, the Worlc 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, cleai• all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a par�t of the project construction operations. 17 18 19 20 21 22 23 24 25 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appui�tenances thereof, including the construction of temporaly fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the 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 ot• occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to pr•operty of any character resulting 30 fi•om 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 34 35 36 37 38 39 40 41 42 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Et•ect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. a The cost for all fence work associated with easements, including r•emoval, temporary closures and replacement, shall be subsidiaiy to the various items bid in the project pz•oposal, unless a bid item is specifically provided in the proposal. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN l�ILLAGE CSJ: 0902 18 558 CITY PROJECT NO. 01834 011100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT US�D] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT US�D] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 l.11 FIELD [SITE] CONDITIONS [NOT USED] 8 112 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01334 oiasoo-i SUBSTITUTION PROCEDURES Page 1 of 4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1.2 S�CTION Ol 25 00 SUBSTITUTION PROCEDURES A. Section Includes: 1. The procedure for requesting the appi•oval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Woi�th Standard Specification 1. None. C. Related Speciiication Sections include, but are not necessarily liinited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Conn•act 2. Division 1— General Requirements 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 R�FERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Request for Substitution - General l. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude fi•om consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substihrtions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 oi as oo - 2 SUBSTITUTION PROCEDURES Page 2 of 4 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance ofproposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or• Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone mimber of petsons associated with referenced pt•ojects lcnowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 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 HANDLEY URBAN VILLdGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 d8 S58 Revised November 17, 2011 CITY PROJECT NO. 01834 012500-3 SUBS'I'ITUTION PROCEDURES Page 3 of 4 1 2 3 4 5 6 7 8 5. Substihrtion will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 l.'7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANC� MAT�RIAL SUBMITTALS [NOT US�D] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 � 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substittrtion into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives ail claims for additional costs related to substihrtion which subsequently arise L10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT US�D] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EX�CUTION [NOT US�D] 28 29 i�1 I ��[Z�] �F.� �[�11 M_[�7►1 Revision Log DATE NAME SUMMARY OF CHANGE HANDLEY URBAN VILLAGE CSJ.• 0902 d8 558 CITY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 oi Zs oo -a SUBSTITUTION PROCEDURES Page 4 of 4 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A R�QUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitiition will i•equire for its proper installation. Fill in Blanks Below: A. Will the undersigned cont►•actor pay for changes to the building design, including engineering and detailing costs caLised by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in pt•oduct cost or product deliveiy time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better• (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signattu•e as noted Recommended _ Recommended Firm Address Date Telephone Not recommended Received late By Date Remarks For Use by City: Approved City Date Rej ected CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSJ: 0902 18 558 C1TY PROJECT NO. 01834 O13119-1 PRECONSTRUCTION MEETING Page I of 3 � 3 PART1- GENERAL ?i�t.Yl�� [��.��1 5 6 7 8 9 10 11 12 13 1.2 SECTION 0131 19 PRECONSTRUCTION MEETING A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 REQUIlZEMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination l. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractois and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager a Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request e. Other City representatives CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 �i8 558 Revised November 17, 2011 CITY PROJECT NO. 01834 O1 31 19 -2 PRECONSTRUCTION MEETING Page 2 of 3 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminaiy Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, tttility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time £ Notice to Proceed g. Construction Stal<ing h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insm�ance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entiy Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Subinittal Procedur�es cc. Substitution Procedures dd. Correspondence Routing ee. Recot�d Drawings f£ Temporar•y construction facilities gg. M/WBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 d8 SSS CITY PROJECT NO. 01834 013119-3 ' PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT US�D] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 L12 WARRANTY [NOT USED] . 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EX�CUTION [NOT USED] 11 12 13 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 PRO7ECT NO. 01834 013120-1 PROJECT MEETINGS Page 1 of 3 1 2 fc�7� C��i�l� Dl�l �71 � 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 1.2 SECTION Ol 3120 PROJECT MEETINGS A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Worlc and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYM�NT 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, inchiding consh•uction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of ineeting 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 CSJ: 0902 d8 558 Cl'I'Y 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 constt•uction 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- ll needed basis. Such additional meetings shall incltiide, 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 appt•oval 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 fiilly 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 repc•esentatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 £ Others, as requested by the Project Representative 29 5. Preliminaiy Agenda may include: 30 a. Review of Worlc progi�ess 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 £ 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 lc. 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 0. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 d8 S58 Revised November 17, 201 I CITY PROJECT NO. 01834 19 ' 20 21 22 � 23 013120-3 PROJECT MEETINGS Page 3 of 3 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 D�LIVERY, STORAGE, AND IIANDLING [NOT USED] 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF 5ECTION 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 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 PARTl- G�NERAL SECTION 0132 16 CONSTRUCTION PROGRESS SCHEDULE 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 l. 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 I S 1.2 PRICE AND PAYMENT PROCEDIIRES 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 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration projects b. Tier 2- No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water ar wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before wor•k begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH HANDLEY UR73AN VILL�IGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7.• 0902 IS 558 Revised November 17, 2011 CITY PROJECT NO. 01834 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 2 3 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIltEMENTS 6 7 8 9 10 11 12 13 14 15 A. Baseline Schedule General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for 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 baciclog 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 worl< 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 worlc 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 HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI.• 0902 /8 558 Revised November 17, 201 I 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City fnds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on ail data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the networlc will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early stai�t dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ.• 0902 98 558 CITY PROJECT NO. 01834 O13216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 E. Coordinating Schedule with Other Contract Schedules 2 3 4 5 6 7 8 9 10 11 12 13 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts fi�om the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of worlc necessary to eYpedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 14 1.5 SUBMITTALS 15 16 17 18 19 20 21 A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Wor�th Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prioc• to the pre-construction meeting and 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 27 28 29 30 C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 31 1. The City administers and manages schedules through Buzzsaw. 32 2. Contractor shall submit documents as t�equired 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 MAINT�NANC� MATERIAL SUBMITTALS [NOT USED] 39 1.9 QUALITY ASSLJRANCE 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 HANDLEY U2BAN VlLLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 d8 558 Revised November 17, 201 I CITY PROJECT NO. 01834 1 2 3 4 5 6 7 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of S B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.l l FIELD [SIT�] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 8 PART 2- PRODUCTS [NOT USED] 7 10 11 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12 CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS/: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 1 2 [c� �\ ��I li�t�[►1 � 7� �1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECTION Ol 32 33 PRECONSTRUCTION VIDEO O1 32 33 - I PRECONSTRUCTION VIDEO Page 1 of 2 1.1 SUMMARY A. Section Includes: l. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— Gener•al Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUII2EMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND IIANDLING [NOT USED] l.11 FIELD [SIT�] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17. 201 I HANDLEY URBAN VILLAGE CSI: 0902 d8 558 CITY PROJECT NO. 01834 O 1 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] �ND OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C1TY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS/: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 013300-1 SUBMITTALS Page 1 of 8 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 1.2 SECTION Ol 33 00 SUBMITTALS A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Coordination l. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication fl Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 013300-2 SUBMITTALS Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 � d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the frst 6 digits of the applicable Speciiication Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or dt•awing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 21 1. Review shop drawings, product data and samples, inchiding those by 22 subconh•actors, 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 Cei�tification 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 constcuction 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 37 38 39 40 41 42 43 44 45 46 47 D. Submittal Format 1. Fold shop drawings larger than 8'/2 inches x 11 inches to 8'h inches x 11 inches. 2. Bind shop drawings and pr•oduct data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Cei�tification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 2. The Project title and mimber CITY OF FORT WORTH STANDAIZD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSJ: 0902 d8 558 CITY PROJECT NO. 01834 013300-3 SUBMITTALS Page 3 of 8 3. Contractor identification 2 4. The names o£ 3 a. Contractor 4 b. Supplier 5 c. Manufaciurer 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information a Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates £ Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and cei�tifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not inchided on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 O1 33 00 - 4 SUBMITTALS Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical eYamples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texhire/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Worlc 16 I. Do not start Worlc 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 ptu•chased or on-site construction accomplished 19 which does not conform to approved shop drawings and data is at the Contractor's 20 rislc. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. The City will not be liable for any expense or delay due to cort•ections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Dc•awings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY UR13AN VILL�IGE CSJ.• 0902 d8 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 013300-5 SUBMITTALS Page 5 of 8 � c a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. Product Data 1) Distributed to the City 2) Copies a) 4 copies Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specifcation Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review ►� 3 4. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials a Approving departures from details furnished by the City, except as otherwise provided herein The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of en•or and omission are assumed by the Contractor, and the City will have no responsibility therefore. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. If the shop drawings, data or samples as submitted describe variations and show a depai�ture from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may retm-n the reviewed drawings without noting an exception. 5. Submittals will be rehirned to the Contractor undez• 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) 'BXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 H�INDLEY URBAN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 013300-6 SUBMITTALS Page 6 oF 8 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 c. � a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. Code 3 1) 'BXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are eYtensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 calendar days of the date of the City's transmittal requiring the resubmittal. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessaiy to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as frst submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed pai�tial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option pc•ovide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop dt•awings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Worl<ing Days priot� to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI.• 0902 18 558 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 eYcept 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 l. 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Speciiications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "O1" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSI: 0902 48 S58 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 CLOS�OUT SUBMITTALS [NOT US�D] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 110 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 L11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT US�D] 10 PART 3 - �X�CUTION [NOT USED] 11 12 END OF S�CTION Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH HANDLLY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS.I.• 0902 48 558 Revised November 17, 20ll CITY PROJECT NO. 01834 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 2 SECTION O1 35 13 SPECIAL PROJECT PROCEDURES 3 PART1- GEN�RAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. Section Includes: L The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entiy Program d. Air Pollution Watch Days e. Use of EYplosives, Drop Weight, Etc. £ Water Department Notiiication g. Public Notification Prior to Beginning Construction h. Public Notiiication of Temporary Water Service Interruption during Construction i. Coordination with United States Ai�rny Corps of Engineers j. Coordination within Railroad permits areas k. Dust Control 1. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 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 28 29 30 31 32 33 34 35 36 37 38 39 A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) AdditionalInsurance 5) Insurance Certifcates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBdN VILLAGE CSI: 0902 d8 558 CITY PROJECT NO. 01834 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad fi•om damage arising out of and/or from the construction of the Project. 2. Railroad Flagmen a. Measurement 1) Measurement for this Item will be per working day. b. Payment 1) The worlc performed and materials furnished in accordance with this Item will be paid for each working day that Raih�oad Flagmen are present at the Site . c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Woc•k associated with these Items is considered subsidiaiy to the various Items 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. When work in the right-of-way which is under the jurisdiction of the Texas Depai�tment of Transportation (T�cDOT): a. Notify the Texas Department of Transportation prior to commencing any wor•Ic therein in accordance with the provisions of the permit b. All work performed in the T�OT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. War•k neac� High Voltage Lines 1. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator linl<s on the lift hoolc connections for bacic hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 3. Work within 6 feet of high voltage electric lines a. Notification shall be given to: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN vILLAGE CSJ: 0902 /8 558 CITY PROJECT NO. 01834 O1 35 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 8 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Q c. 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program l. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1 2. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur• Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. Use of Explosives, Drop Weight, Etc. l. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section O1 31 13 F. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to cool•dinate with the Water Department to determine the best times for deactivating and activating those lines. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17. 2011 HANDLEY URBAN VILLAGE CSJ: 0902 �18 558 CITY PROJECT NO. 01834 013513-4 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 fi•om the Water Department 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 TeYas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischie� 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 blocic 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 dtuation within the block 28 e) Name of the contractor's foreman and phone number 29 � 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 Temporaiy 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 43 44 45 46 47 48 49 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name ofthe project 2) City Project Number 3) Date of the interruption of service CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN [�ILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 c. d. e. f. 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as E�ibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. I. Coordination with United States Army Corps of Engineers (USACE) l. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. J. Coordination within Railroad Permit Areas 1 2 3 At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This inchides, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates £ Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. Obtain any supplemental infoimation needed to comply with the railroad's requirements. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were personnel were present on Site. K. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. L. Employee Parking 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 CSJ: 0902 �18 SSS CITY PROJECT NO. 01834 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 2 3 4 5 6 7 8 9 1.5 SUBMITTALS [NOT US�D] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT US�D] 1.9 QUALITY ASSUI2ANCE [NOT US�D] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT US�D] 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED) PART 2 - PRODUCTS [NOT USED] 10 PART 3 - �X�CUTION [NOT US�D] 11 12 �ND OF S�CTION Revision Log DATE NAME SUMMARY OF CHANGE July 2011 13 CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 48 558 Revised November 17, 2011 C1TY PROJECT NO. 01834 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 2 3 4 5 6 7 s 9 lo 11 12 13 Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: EXI3IBIT A (To be printed on Contractor's Letterhead) 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR�S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URB�1N VILLAGG CSJ: 0902 48 558 C1TY PROJECT NO. 01834 1 2 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 �X���IT B FORTWORTH Date: DOE MO. XXRX Project Neme: rIOTIC� OF TEMPORABY WATER SERVICE II�ITERRLiPTIOI�I DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTER.RUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT, PLEASE CALi.: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WII.L BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 3 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 � 1 2 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 1.2 13 14 15 16 17 18 19 20 21 22 23 24 SECTION O1 45 23 TESTING AND INSPECTION SERVICES A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, su�ciently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGL' CS7: 0902 18 558 CITY PROJECT NO. 01834 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material inch►ding the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lacic of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINT�NANC� MATERIAL SUBMITTALS [NOT USED] 20 1.9 QUALITY ASSURANCE [NOT US�D] 21 1.10 DELIVERY, STORAG�, AND HANDLING [NOT US�D] 22 1.11 FIELD [SITE] CONDITIONS [NOT US�D] 23 1.12 WARRANTY [NOT USED] 24 PART 2- PRODUCTS [NOT USED] 25 PART 3 - �X�CUTION [NOT US�D] m 27 �ND OF S�CTION Revision Log DATE NAME SUMMARY OF CHANGE 28 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 98 558 CITY PROJECT NO. 01834 015000-I TEMPOI2ARY FACILITIES AND CONTROLS Page 1 of 4 1 2 S�CTION O1 50 00 TEMPORARY FACII,ITIES AND CONTROLS 3 PARTl- GENERAL ��Ift.Y11�►'�[���il 5 6 � 8 9 10 11 12 13 14 15 16 17 18 1.2 A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitaiy facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations fi•om this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 ADMINISTRATIV� REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporazy services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Conh•actor personnel and City's Project Representatives. c. Coordination 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 PILLAGE CSI: 0902 �18 558 CITY PROJECT NO. 01834 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power seivice or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site fot• use by Contractor personnel and others performing worlc or fiirnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local depai�tments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and 1<eep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor� above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified mamifacturers. 5. Fill and grade site for temporary structures to provide drainage away fi•om temporary and existing buildings. 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 C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17. 201 I HANDLEY URBAN t�lLLAGE CSJ: 0902 JS 558 C1TY PROJECT NO. 01834 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 � 015000-3 TEMPORARY FACILITI�S AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT US�D] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT US�D] 1.12 WARRANTY [NOT USED] 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 US�D] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.S [REPAIR] / [RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CL�ANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH HANDLLY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 48 558 Revised November 17, 201 I C1TY PROJECT NO. 01834 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporaiy 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 PROT�CTION [NOT US�D] 4 3.13 MAINTENANC� [NOT USED] 5 3.14 ATTACAM�NTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH HANDLEY UR13fIN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 S58 Revised November 17, 201 I CITY PROJECT NO. 01834 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 2 SECTION O1 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 IS A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations fi•om this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDtII2ES 1'7 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 Traffc 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Trafiic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH HANDLEY URBAN l�ILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 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 1) Allow a minimum of 5 working days far permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign L If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to t•emove the sign. E. Temporaiy Signage 1. In the case of regulato�y signs, replace pei•manent sign with temporary sign meeting requirements of the latest edition of the TeYas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the eYtent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffc Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT US�D] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 28 1.7 CLOS�OUT SUBMITTALS [NOT US�D] 29 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIV�RY, STORAGE, AND HANDLING [NOT US�D] 32 33 1.11 FI�LD [SITE] CONDITIONS [NOT US�D] 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT US�D] 35 PART 3- EXECUTION [NOT US�D] 36 �ND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN t�ILLAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 2 SECTION O1 5'7 13 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 l.l SUMMARY 5 6 7 8 9 10 11 12 13 14 A. Section Includes: l. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 31 25 00 — Erosion and Sediment Control 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. Consh•uction 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 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREM�NTS 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, 201 I HANDLEY URI3AN VILL�IGG CSI.• 0902 48 558 CITY PROJECT NO. 01834 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 IJ 3. 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 1 to less than 5 acres of disturbance a. TeYas Pollutant Discharge Elimination System (TPDES) General Consttuction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) S WPPP e) TCEQ requirements 5 acr•es or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transpot�tation and Public Worlcs, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 1. Submit in accordance with Section O1 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Worl<s, Environmental Division for review 48 B. Modified SWPPP A. SWPPP CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLLY URBAN VILLAGE CSJ: 0902 l8 558 C1TY 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 O1 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANC� (NOT US�D] 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] ll PART 3- EXECUTION [NOT USED] 12 13 14 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 d8 558 CITY PROJECT NO. 01834 � i � 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 SECTION O1 58 13 TEMI'ORARY PROJECT SIGNAGE 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIl2EMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSIJItANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 111 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER-FLIRNISHED [oR] OWN�R-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HdNDLEY URBAN VILLAGE CSJ: 0902 d8 558 C1TY PROJECT NO. 01834 O1 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 (eYterior) or better 4 2.3 ACCESSORI�S [NOT US�D] 5 2.4 SOURCE QUALITY CONTROL [NOT US�D] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 �XAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 I2�PAIR / R�STORATION [NOT US�D] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOS�OUT ACTIVITI�S [NOT US�D] 3.12 PROTECTION [NOT USED] 3.13 MAINT�NANCE 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 31 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised November 17, 2011 HANDLEY UlZBAN VILGAGE CSJ: 0902 48 558 CITY PROJECT NO. 01834 01 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 C1TY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 d8 SS8 Revised November 17, 201 I CITY PROJECT NO. 01834 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 � 3 PART1- GEN�RAL 4 l.l SUMMARY SECTION Ol 60 00 PRODUCT REQUIREMENTS 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 ll 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIl2EMENTS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A. A list of City approved products for use is attached to this Section. B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any speciiic product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section Ol 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT US�D] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANC� MAT�RIAL SUBMITTALS [NOT US�D] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIV�RY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN [�ILLAGE CSJ: 0902 /8 558 CITY PROJECT NO. 01834 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 l.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] �►11�] OI.y DL�JI Y [�7► Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH HANDLEY UR13AN VILLAGL STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 d8 558 Revised November 17, 201 I CITY PROJECT NO. 01834 016600-I PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I of 4 1 2 SECTION O1 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PARTl- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 l. 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 25 26 27 28 29 30 31 32 33 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to r•eceive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLGY URBAN VILLAGE CS/: 0902 98 558 CITY PROJECT NO. 01834 O1 fi600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's or•iginal unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully marlc 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 l. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 11 12 13 14 15 16 17 C. Storage Requirements l. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary pc•ovisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in 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 wi•itten permission of owner or other person in possession or control of premises. 29 30 31 32 33 34 35 36 37 38 7. 8. 9. 10 Store in manufacturers' unopened containers. Neatly, safely and compactly stacl< materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet fi•om fire hydrant. ICeep public and private driveways and street crossings open. Repait• or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSJ: 0902 98 S58 CITY PROJECT NO. 01834 01 66 00 - 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIl2 / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY U2BAN VILLAGE CSJ: 0902 98 558 CI"CY 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 HANDLEY URI3AN i�ILLAGE STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS CSI: 0902 48 SSS Revised November 17, 2011 CITY PROJECT NO. 01834 017123-1 CONSTRUCTION STAKING Page 1 of 3 1 2 3 PART1- G�N�RAL C��t.Yl��lu /1.�� SECTION O1 71 23 CONSTRUCTION STAKING 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 l. Work associated with this Item is considered subsidiaiy 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 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A. Construction Stakes 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. 3. General a. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. b. Contractor is responsible for preserving and maintaining stakes fiirnished by City. c. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's negiect such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. 1) The cost for staking will be deducted fi•om the payment due to the Contractor for the Project. 1.5 SUBMITTAL5 A. Submittals, if required, shall be in accordance with Section O 1 33 00. 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 d8 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 worlc 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSLTRANCE 12 A. Use adequate numbers of skilled workmen who are thoroughly trained and eYperienced 13 in the necessary ct�afts and who are completely familiar with the specified requirements 14 and the methods needed for proper performance of the Worlc. 15 110 D�LIVERY, STORAG�, AND HANDLING [NOT US�D] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT US�D] 18 PART 2- PRODUCTS [NOT USED] 19 PART 3 - �X�CUTION 20 3.1 INSTALLERS [NOT USED] 21 3.2 EXAMINATION [NOT USED] 22 23 24 25 26 27 28 29 30 31 3.3 PREPARATION A. Verify location and protect control points before commencing Work. B. Notify City's Project Representative immediately of any discrepancies discovered. 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 I2�-INSTALLATION [NOT US�D] 3.7 FI�LD [oR] SIT� QUALITY CONTROL A. Preserve permanent reference points during progress of the Work. B. Do not change or relocate reference points without approval from the City. C. Utilize recognized engineering survey practices. CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 18 558 Revised November 17, 2011 CITY PROJECT NO. 01834 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING (NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOS�OUT 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 E 10 017123-3 CONSTRUCTION STAKING Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLGY URBAN VILLAGE CSI: 0902 48 558 C1TY PROJECT NO. 01834 017423-1 CLEANING Page 1 of 4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 S�CTION O1 74 23 CLEANING A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding 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 REF�RENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIl2EMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Worlc and immediately prior to final inspection. 1.5 SUBMITTALS [NOT U5ED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 H�INDLGY URBAN VILLAGE CSJ: 0902 F8 558 CITY PROJECT NO. 01834 01 74 23 - 2 CLEANING Page 2 of 4 1 111 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWN�R-FURNISH�D [ox] OW1V�R-SUPPLI�DPRODUCTS [NOT US�D] 5 2.2 MATERIALS 6 7 8 9 10 11 12 A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EX�CUTION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.1 INSTALLERS [NOT US�D] 3.2 �XAMINATION [NOT USED] 3.3 PREPARATION [NOT US�D] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / R�STORATION [NOT USED] 3.6 RE-INSTALLATION [NOT US�D] 3.7 FI�LD [o�] SIT� QUALITY CONTROL [NOT USED] 3.8 SYST�M STARTUP [NOT USED] 3.9 ADJUSTING [NOT US�D] ��[IZtl N D/\►11►[!� A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDA1t.D CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 98 558 CITY PROJECT NO. 01834 01 74 23 - 3 CLEANING Page 3 of 4 1 2 3 4 5 6 7 8 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. . 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weelcly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per weelc 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning l. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filteis and replace disposable filters if units were operated during consn•uction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning l. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. HANDLEY URBAN VILLAGE CSJ: 0902 d8 SSS C1TY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION 5PECIFICATION DOCUMENTS Revised November 17, 2011 01 74 23 - 4 CLEANING Page 4 of 4 1 5. Clean signs, lights, signals, etc. 2 3.11 CLOS�OUT ACTIVITIES [NOT US�D] 3 3.12 PROT�CTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] . -JD �Is�] �F.� DZ�71� [�7►1 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH HANDGEY URBAN I�ILGAGE STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 558 Revised November 17, 2011 CITY PROJECT NO. 01834 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 2 3 PART1- GENERAL ?��t.Y11► 1►� /�.�`I SECTION O1 77 19 CLOSEOUT REQUIREMENTS 5 A. Section Includes: 6 1. The procedure for closing out a contract '7 B. Deviations from this City of Fort Worth Standard Specifcation 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 19 20 21 22 23 24 25 � A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims l. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS 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 CSJ: 0902 48 558 CITY PROJECT NO. 01834 ol �� 19-z CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOS�OUT 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 8 3.3 PREPARATION [NOT US�D] 3.4 CLOSEOUT PROCEDUR� 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section O1 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section O 1 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 O1 74 23. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 C. FinalInspection l. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Worlc required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessoly items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the fiist lubrication of the equipment c. Initial fill up of all chemical tanks and fiiel tanks d. Light bulbs e. Fuses £ Vault keys g. Handwheels h. Other expendable items as required for initial stac�t-up and operation of all equipment 39 D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLGY URBAN t�ILLAGE CSJ: 0902 d8 558 CITY PROJECT NO. 01834 � i i 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 26 27 28 29 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 l. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation L Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN VILLAGE CSI: 0902 d8 558 CITY PROJECT NO. 01834 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 2 3 PARTl- GENERAL G�il�t.Yi�► lu /:�'.�1 5 6 7 8 9 10 11 12 13 14 15 16 17 S�CTION Ol 78 23 OPERATION AND MAINTENANCE DATA A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) a Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 Ol 33 00 Submittal Procedures. All 28 submittals shall be approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 31 32 33 34 35 36 37 A. Submittal Fozm 1. Prepare data in form of an instructional manual for use by City peisonnel. 2. Format a. Size: 8'/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal 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 �18 558 CITY PROJECT NO. 01834 O 1 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. £ Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable 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 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 B. Manual Content 1. Neatly typewritten table of contents for each volume, ari�anged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set foc�th in Contcact Documents. 2. Product Data a. Include only those sheets which are per�tinent to the specific product. b. Annotate each sheet to: 1) Cleac•ly identify specific product or pai�t installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessa�y to clearly illustrate: 1) Relations of component pac�ts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VILLAGE CSJ: 0902 98 SSS C1TY PROJECT NO. 01834 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes l. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation far types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Stai�t-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Mamifacturer's printed operating and maintenance instructions £ Description of sequence of operation by control manufacturer 1) Predicted life of pai�ts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 1 �, 2011 HANDLEY URBAN VILLAGE CSI: 0902 d8 558 CITY PROJECT NO. 01834 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 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 26 27 28 29 3 4. i J k. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating char•acteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of r•eplaceable parts b. Circttit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications Prepar•e and include additional data when the need for such data becomes apparent during instruction of City's personnel. Charts of valve tag numbers, with location and fiinction of each valve List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage Other data as required under pei�tinent Sections of Specifications 30 1.7 CLOS�OUT SUBMITTALS [NOT US�D] 31 1.8 MAINTENANC� MAT�RIAL SUBMITTALS [NOT US�D] 32 1.9 QUALITY ASSt1I2ANC� 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. Sl<illed as technical writer to the eYtent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH HANDLL'Y URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 IS 558 Revised November 17, 2011 CITY PROJECT NO. 01834 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT US�D] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WAI2RANTY [NOT USED) 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION (NOT USED] � 7 8 I D7►1 Z�7 ab��[�1�1 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I HANDLEY URBAN T�ILLAGE CSJ: 0902 d8 558 CITY PROJECT NO. 01834 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l.l SUMMARY SECTION Ol 78 39 PROJECT RECORD DOCUMENTS A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 REQUII2EMENTS [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 30 31 32 33 34 35 36 1.9 QUALITY ASSLJRANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN VIGLAGE CSI: 0902 �{8 558 C1TY PROJECT NO. 01834 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 2 3 4 5 � 7 8 9 10 11 12 13 14 15 � 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable fi►ture modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements L Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. l.11 FI�LD [SIT�] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWN�R-FiJRNISHED [oR] OWNER-SUPPLI�D PRODUCTS [NOT US�D] 19 20 21 22 23 24 25 26 27 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure fi•om the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORI�S [NOT US�D] 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - �X�CUTION 29 3.1 INSTALLERS [NOT USED] 30 31 32 33 34 35 3.2 �XAMINATION [NOT US�D] 3.3 PR�PARATION [NOT USED] 3.4 MAINTENANCE DOCUM�NTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HdNDLEY URBAN VILLAGE CSJ.• 0902 �F8 558 CITY PROJECT NO. 01834 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 � � 1 2 3 4 5 6 7 8 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section O1 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use difFerent colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification su�ciently descriptive that it may be related reliably to the Specifcations. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued eYcept as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefiilly transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each enhy by drawing a"cloud" around the area or areas affected. HANDLEY URBfIN VILLAGE CSI: 0902 48 558 CITY PROJECT NO. 01834 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 201 I 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 � d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer• of data to other pocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefiilly transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / I2�STORATION [NOT USED] 3.6 I2�-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYST�M STARTUP [NOT US�D] 3.9 ADJUSTING [NOT USED] 3.10 CL�ANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINT�NANCE [NOT US�D] 3.14 ATTACHM�NTS [NOT US�D] �ND OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 24 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 17, 2011 HANDLEY URBAN �ILLAGE CSJ: 0902 48 SSS 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. 0��� u� 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 �t�i1:��[L•�:I��[e� 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 26 00 00 - 1 SEALSPAGE sECTxoN a6 00 00 SEALS PAGE Freese and Nichols, Inc, Fort Woi�h, Texas Teresa Castillon Texas Registration Number 111323 ENGINEERING RESPONSBILITY Division 26 — Electrical 26 OS 00 Common Worlc Results for Electrical 26 OS 10 Demolition for Electrical Systems ������\1 �E oF T�11 � 5�P''�"....,�F� �, �� j/��.�� I �y / * i • • /,�\ • �i iY,�/ `i�'� =+ ! y r � � �i�������• � ��������i�* � � TERESA CASTILLbN j � ..........................� ����°�'; 111323 ;'�,�� 1��,`�F , <��ENs�O; ��'�� S �•.....• c; /,, � ����� �� �.Q,�,� �L�-� FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 CITY OF FORT WORTH HANDLEY UR13AN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 48 585 Revised October 24, 2012 CITY PROJECT NO. 01834, DOE: 260510-1 DEMOLITION FOR ELECTRICAL SYSTEMS Page 1 of 5 � SECTION 26 OS 10 D�MOLITION FOR EL�CTRICAL SYSTEMS 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Section Includes: 1. Furnish, install and test all equipment, wiring and appurtenances as may be required to perform the electrical demolition shown on the Drawings and as specified herein. B. Deviations from this City of Foi�t Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements L2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Measurement a. Measurement for this Item shall be by lump sum. 2. Payment a. The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Salvage Electrical Equipment". 3. The price bid shall inchide: a. Removing and salvaging electrical equipment including, but not limited to: 1) Wire and cable 2) Encasement 3) Conduit 4) Supports b. Excavation c. Furnishing, placement and compaction of backiill d. Hauling e. Clean-up 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. National Fire Protection Association (NFPA) a. 70, National Electrical Code (NEC) 1.4 ADMINISTRATIVE REQUIl2EMENTS A. Coordination CITY OF FORT WORTH Handley Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT109301 260510-2 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 7 8 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING 10 A. Delivery and Acceptance Requirements ll 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 l.11 FIELD [SIT�] CONDITIONS (NOT USED) 15 112 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT US�D] 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 25 26 27 28 29 30 31 32 33 , , . B. Coordinate utility service outages with Utility Company to minimize length and number of outages. C. Provide temporary wiring and connections to maintain existing systems in service during construction. D. When work must be performed on energized equipment or circuits, use personnel experienced in such operations. E. Existing Electi•ical Service: Maintain existing system in service until new system is complete and ready for service. F. Disable system only to make switchovers and connections. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 260510-3 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 eYtend existing installations to accommodate new construction. 5 B. Remove abandoned wiring to source of supply. 6 . , 7 . 8 i �,,,- ,. �a,,;� �„�t, . ,:,�, . „ii� .,a �,,,.,.� ..,,,a ,,.,,-„t, � ,,.� ,.o� . . . 1 ' • 12 E. 13 F. 14 G 15 Disconnect and remove abandoned panelboards and distribution equipment. Disconnect and remove electrical devices and equipment that has been removed. Repair adjacent construction and finishes damaged during demolition and extension work. 16 H. Maintain access to existing installations which remain active. Modify installation or 17 provide access to panels as appropriate. 18 L Where the demolition or revision of any portion of a raceway or boY 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 J. Extend existing installations using materials and methods as specified for new Work. K. Minimize noise, dust, and vibration and conduct the work so as to avoid any damage to the surroundings. L. Salvaged Equipment and Materials 1. The City shall have the right to retain any or all electrical and instrumentation equipment shown or specified to be removed from the site. 2. Deliver the City's equipment to a site designated by the City. 3. If the City refuses the salvage, the Contractor must claim ownership of the materials and dispose of them properly. 4. Prior to stai�ting demolition, the Contractor and City shall jointly visit the areas of demolition and the City will designate those items that are to remain the property of the City. 5. Take necessaly precautions in removing City designated property to prevent damage during the demolition process. a. Remove steel structural members by unbolting, cutting welds, or cutting rivet heads and punching shanks through holes. b. Do not use a cutting torch to separate the City's equipment or material. 6. Remove items in 1 piece or in a manner that does not impact their reuse. a. Loose components may be removed separately. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 26OS 10-4 DEMOLITION FOR ELECTRICAL SYSTEMS Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 b. Controls and electrical equipment may be removed fi�om the equipment and handled separately. c. Large units may be handled separately. d. Salvaged piping shall be taken apart at flanges or fittings and removed in sections. M. Material removed fi•om the construction site during demolition, and any equipment not otherwise designated to remain the property of the City in accordance with the pre- demolition identification process shall become the property of the Contractor, and shall be promptly removed from the construction site. N. Refurbish and replace any eYisting facility, to be left in place, which is damaged by the demolition operations. 1. The repair of such damage shall leave the pa��ts in a condition at least equal to that found at the stai�t of the work. 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 directoty showing revised circuiting ari�angement. 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 CLOS�OUT ACTIVITIES [NOT US�D] 28 3.12 PROTECTION [NOT USED] 29 3.13 MAINTENANC� [NOT USED] 30 3.14 ATTACHM�NTS [NOT USED] 31 32 33 34 35 36 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 260510-5 DEMOLITION FOR ELECTRICAL SYSTEMS Page 5 of 5 END OF SECTION 1 Revision Log DATE NAME SUMMARY OF CHANGE 1 I/7/ll Teresa Castillon Deleted items pertaining to buildings (floors and walls, etc.). 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 26 OS 00 - 1 COMMON WORK RESULTS FOR ELECTRICAL Page I of 5 1 2 SECTION 26 OS 00 COMMON WORK RESULTS FOR ELECTRICAL 3 PART1- 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 fi•om this City of Foi�t Woi�th Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: ll 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Electrical Facilities a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and materials furnished in accordance to this Item shall be paid for at the lump sum price bid for "Electrical Facilities". c. The price bid shall include: 1) Furnishing and installing a complete electrical system 2) Wire 3) Cable 4) Conduit and related hardware 5) Supports 6) Excavation 7) Furnishing, placement and compaction of backfill 8) Hauling 9) Clean-up 2. Electrical Service a. Measurement 1) Measurement for electrical service shall be per each type and size installed. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the unit price bid for `Blectrical Service" shall be made at the price bid per each type and size installed. c. The price bid shall include all aspects of completing the installation of electrical service including, but not limited to: 1) Conduit 2) Pole risers �� n���or ���o CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 26 OS 00 - 2 COMMON WORK RESULTS FOR ELECTRICAL Page 2 of 5 1 2 3 A. Coordination 4 1.3 REFERENCES 5 A. Reference Standards 6 7 8 � 4) Breaker box 5) Breakers 6) Coordination with Electrical Service Provider 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Speciiication, unless a date is specifically cited. 2. Underwriters Laboratories, Ina (UL) 10 1.4 ADMINISTRATIVE R�QUIR�MENTS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Where references are made to the Related Work paragraph in each Specification Section, referring to other Sections and other Divisions of the Specifications, the Contractor shall provide such information or Work as may be required in those references, and include such information or Worlc as may be specified. 2. Division 26 requirements apply to electrical worlc provided under any division of the Specifications B. Service ���"`��� 1. Obtain service fi•om the electric service provider at 120/240 Volts, Single Phase, Three Wire, 60 Hz fi•om transformer equipment fiirnished and installed by the power company. 2. Power company responsibilities a. Furnishing and installing the primary overhead conductors and pole line b. Furnishing and installing the transformet� or riser pole, primary cutouts, lightning arresters and grounding c. Furnishing and installing primaty conduits and cables d. Furnishing and installing the transformer pad and grounding (if pad-mounted transformer) e. Furnishing and installing transformer £ Terminating underground primary cables � � t, • „�„ r,- �.. �� o_ ir'r� � o,„ �a o�„ _ �l� "� h. Terminating secondacy cables to the service transformer � � �,• .,.o+o,. i,.,�o .,,,,a a ,.i„�,,..9 3 G! Contractor responsibilities a. Furnishing and installing secondaty conduits and cables �. � �, • a .,,,,�i; . ., . � a o,-„ „+ O ,�<U 1 G �v � �. � „i„ o i:�. oa �.. .,� � ., ..)' i:.� :'.... ...,.:::Y":'J / T„��„ii:.,,� w,o,o,• �,.,�o � F ti• a � ii• �,�, „a,,:�..:��, ,ii i;,,af�,�: �tio o�o 0 e. Coordinating electrical service installation with power company City responsibilities a. Negotiating with power company for the costs of new or revised seivices b. Malcing payment directly to power company for such costs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 1 2 ' 3 _ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 260500-3 COMMON WORK RESULTS FOEZ ELECTRICAL Page 3 of 5 C. Codes, Inspections and Fees 1. Obtain all necessary permits and pay all fees required for permits and inspections. 1.5 SUBMITTALS [NOT US�D] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINT�NANCE MAT�RIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Materials and Equipment L New, except where specifically identified on the Drawings to be reused. 2. UL listed, where such listing exists. 3. Electrical service a. Service type shall be as shown on the Drawings. 1.10 D�LIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD CONDITIONS [NOT USED] 1.12 WA.RRANTY A. Manufacturer Warranty L Manufacturer's warranties are specified in each of the Specification Sections. 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. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village FT109301 26 OS 00 - 4 COMMON WORK RESULTS FOR ELECTRICAL Page 4 of 5 1 3.5 R�PAIR / RESTORATION [NOT US�D] 2 3.6 RE-INSTALLATION [NOT USED] 3 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT US�D] 4 3.8 SYSTEM STARTUP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A. Tests and Settings l. Test systems and equipment furnished under Division 26. 2. Repair or replace all defective worlc. 3. Make adjustments to the systems as specified and/or required. 4. Prior to energizing electrical equipment, make all tests required by the individual Specification sections. a. Submit a sample test form or procedure. b. Submit the required test reports and data within 30 days after the test. c. Include names of all test personnel. d. Initial each test. 5. Check wire and cable terminations for tightness. 6. Verify all terminations at transformers, equipment, capacitor connections, panels, and enclosures by producing a 1 2 3 rotation on a phase sequence motor when connected to A, B, and C phases. 7. Inspect, set, and test mechanical operation for circuit breakers, disconnect switches, motor starters, and control equipment. 8. Checic interlocking, control and instrument wiring for each system and/or part of a system to prove that the system will function properly as indicated by schematic and wiring diagrams. 9. Schedule and coordinate testing with the City at least 2 weeks in advance. 10. Provide qualified test personnel, instruments and test equipment. 11. Refer to the individual equipment Sections for additional specific testing requirements. 28 3.9 ADJUSTING [NOT USED] 29 30 31 32 33 34 35 36 3.10 CLEANING [NOT USED] 3.11 CLOS�OUT ACTIVITIES [NOT US�D] 312 PROT�CTION [NOT USED] 3.13 MAINT�NANC� [NOT US�D] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDAFZD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village 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. 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Handley Urban Village 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 worR 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) practice of landscape maintenance. 2. Utilize a contractor having successfully maintained and maintenance requirements. years successful experience in the projects similar in scope, materials 1.4 CONTRACTOR RESPONSIBILITIES � L:� The Contractor shall provide maintenance services (Refer to individual specifications) after any portion of the sprinkler irrigation or landscape installation is complete. 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. �7 E. 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. 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 . 32 01 30 - 2 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR . . __ • _ _• 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°/o 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 aii 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. 3201 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. 3201 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. Cultivate the beds (break soil and loosen to incorporate amendment) when adding mulch. 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: 3201 30-5 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS —1 YEAR 'Regal MisY 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 BlockT"^ or ProBaitT"' 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. 32 01 30 - 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 iYs 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 32 01 30 - 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. 3201 30-9 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR PART 5— SPECIFICATION REQUIREMENTS FOR �ANDSCAPE 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 iYs 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 withheid 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 OPERATION & MAINTENANCE OF SITE IMPROVEMENTS — 1 YEAR Appendix A — Schedule Act Frequency Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec Fertilize all planting areas 1 1 1 Hand weed beds 1 1 2 4 4 5 4 4 5 4 2 1 Trim ornamental grass 1 mid. 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 1 1 __ _ _ __ _ _ _ Mowing - refer to Sectoin 32 92 00 for frequency * 1 2 2 2 * * * * * 1 1 __ _ _ _ _ _ _ _ _ _ .__ _ _ Litter and leaf removal 5 4 4 4 5 4 5 4 5 4 4 4 Site furniture - maintenance * * * * * '" * * * * * * Removal of hazardous materials * * * * * * * '` * * * * Irrigation check 5 4 4 4 5 4 5 4 5 4 4 4 Planter subdrainage system check and clean 1 1 1 1 1 1 Clean, repair aqqreqate areas 5 4 4 4 5 4 5 4 5 4 4 4 Light fixtures - outage reported to City 1 1 1 1 1 1 1 1 1 1 1 _ _ _ _ _ _ __ ___ _ Visit w/ Contractina Officer 1 1 1 1 1 1 1 1 1 1 1 1 � 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 Total Visits 3 37 1 * � * 2 * 52 . * * 52 6 52 12 12 32 01 30 - 13 E. �ancaster 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 B. Provide one controller chart for each automatic controller installed. 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. 32 84 00 - 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. 17_1:i�►�:7:Z�7�1�1� 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 O-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 UF 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 MAN UAL 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: 32 84 00 - 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". 'r_�:�i■:%�:1:3�i1I�[• _ : ► 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 wilifully 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 32 84 00-10 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 contractor's 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. i Pipe Pullinq: 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. Trenchina: 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'/2' and larger when excavating and remove from site. Do not backfiil 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. 32 84 00-11 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. 32 84 00 - 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. 32 84 00-13 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 32 84 00-14 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 92 00 TURFAND 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. 32 92 00 - 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 pro�erly worked. No lawn operations shall occur earlier than April 15th nor later than August 30' 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: 32 92 00 - 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 Ibs. N�, 0.13 Ibs. P�, and 0.8 Ibs. 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. 32 92 00 - 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" Solvita0 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 Solvita0 Compost Maturity Test Kit or approved equal. Solvita0 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 Solvita0 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 materiai shall be performed at the same time by the Owner's Representative. 4. Owner's Representative has the right to reject the materiai 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. I. 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 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 ('h) 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. I. Maintenance Instructions: Submit two (2) copies of typewritten instructions recornmending 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 unti� 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. 32 92 00 - 9 TURFAND GRASSES 3.10 FINAL ACCEPTANCE A. B. C. D. Due to seasonal requirements, final acceptance of this section may not coincide with that of the remaining contract work. Request inspection for final acceptance at least ten (10) calendar days before the end of the establishment period. 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'x40' test area. 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 SOD 7 days COMPOST 7 days HERBICIDE 7 days FERTILIZER 14 days IMPORTED TOPSOI� 14 days OTHER 7 days MATERIAL QUANTITY 3 Square feet 1 gallon bag 1/2 pint 1 pound 1 gallon bag As directed or as approved. END OF SECTION 32 92 00 COMMENT Professional compost Unopened container Provide sample of each type of fertilizer used 32 92 00-10 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 32 93 00 • _► 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. 32 93 00 - 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 iwo (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 L: � 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. 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. 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). I. 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 . .� � 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 Ibs. N�, 0.13 Ibs. P', and 0.8 Ibs. K� 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" Solvita0 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 Solvita0 Compost Maturity Test Kit or approved equal. Solvita0 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 Solvita0 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 Buiiding 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'/Z 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°/o. 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.qlobalindustrial.com; or Uline (1-800- 958-5463) /(1-800-295-5510), www.uline.com; or Pack Secure at (1-888-511-7225), www.packsecure.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.�lobalindustrial.com; or Uline (1-800-958-5463) /(1-800-295-5510), www.uline.com; or Pack Secure at (1-888-511- 7225), www.packsecure.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 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 inedia 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 inedia 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. B. Removal and disposal of all weeds and plant seedlings shall occur prior to any plant moving for installation or placement in the planting beds. 3.4 PLANTING OF BIORETENTION/RAIN GARDENS A. Coordinate for irrigation installation to allow for plant placement of drip lines relative to finished topdressed beds. B. Set finished grade elevation to allow for topdressing thickness. C. Place prepared plants in position on bed areas before containers have been removed. Obtain approval from Owner's Representative. D. The Owner's Representative reserves right to interchange or shift locations of plants prior to planting. E. Once locations have been approved with spacing by spraying locations with contractor marker . F. Plant in pits two (2) times greater in diameter than root balls or container diameter. G. Once plant root ball has been set in pit, then remove all burlap, ropes, wires and strings from the rootball prior to backfilling. H. If plant is containerized, then remove container prior to planting and brush off excess soil to expose root flare of plant. I. Score the root ball vertically at four (4) equal points around the edge prior to planting. J. 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. K. Backfill to depths of root balls with planting media. Carefully settle by watering to prevent air pockets. Water in thoroughly. L. Top dress bed areas first with equivalent to eight (8) paper layers of shredded paper, no colored paper allowed, to provide a weed barrier. 32 93 00-10 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 balis 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. 32 93 00-11 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°/o) percent completed. END OF SECTION 32 93 00 32 93 00-12 E. Lancaster Avenue (S.H. 180) North Improvements Fort Worth, Texas SECTION 33 41 14 �ANDSCAPE DRAINAGE SYSTEM PART 1 — GENERAL i�i� 7�Yy:7�i�Ci1�l 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. 3341 14-1 �ANDSCAPE 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 compiy 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 siotted 120 degrees apart alternating corrugations. 3341 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 3341 14-4 r.����.n�� 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 fof�nzs o Subcontr�actof/Sa�pplier Utilization FoNn� o Prirne Contractor• Waiver Forr�� o Good Faith Effort For•rra o Joint Ventarre Eligibility For�� GC-6.07 Wage Rates GC-6.09 Permits and Utilities • None GC-6.24 Nondiscrimination • Form PR-1273, "Fedet•al Requiref��ents for Federal-Aid Construction Contr�acts " GR-Ol 60 00 Product Requirements • See T,iDOT Specification Manual CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 HANDLEY URBAN i�ILLAGE CSJ.� 0902 98 558 CITY PROJECT NO. 01834 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 48 558 Revised July l, 2011 C1TY PROJECT NO. 01834 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH HANDLEY U2BAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902 /8 558 Revised July I, 2011 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 CIT'Y PROJECT NO. 01834 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH HANDLEY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFJCATION DOCUMENTS CSI: 0902 FS 558 Revised July I, 201 I CITY PROJECT NO. 01834 GC-6.06.D Minority and Women Owned Business Enterprise Compliance � � , � ; . __i C1TY OF FORT WORTH HANDLEY URBAN VILLACE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0902 �F8 558 Revised July 1, 201 I CITY PROJECT NO. 01834 �. i ��. i Q M �- v.. 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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 Ol/06/2012 * SUTX2011-007 08/03/2011 Rates Fringes 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 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/Ol/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 l.) 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 8