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.
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FREESE AN NICHOLS, INC.
TEXAS REGISTERED
ENGINEERING FIRM
F-2144
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TABLE OF CONTENTS
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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
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TABLE OF CONTENTS
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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
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TABLE OF CONTENTS
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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
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Page 1 of 3
Official site of the City of Fort Worth, Texas
�'ORT ��'URTf I
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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)
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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
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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
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MAYOR AND COUNCIL COMMUNICATION (M&C)
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1 SECTION 00 05 10
2 MAYOR AND COUNCIL COMIVII.INICATION (M&C)
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6 [Assembler•: For Contr•act Docurne��t executiort, remove this perge a�2d Neplace tivith the appr�oved
7 Mc�C,' fof� the cn-i�crr�d of the projeet. McQcC irrser•t shall be on blire paper.J
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END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Handley Urba�z [�illage
CS.L• 0902-98-SSS
CITY PROJECT NO. 01834
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TEXAS COUNTIES IDENTIFIED BY
WAG� RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 4U, 41, 84, 56, 63
County Name �one County Name Zone Gounty Name Zone County Nams Zone
An erson 38 Donley 54 Karnes 37 Reagan 54
Andrews 54 Duval 41 Kaufman 35 Real 54
Angelina 38 Eastland 54 Kendall 16 Red River 38
Aransas 40 Ector 7 Kenedy 41 Reeves 18
Archer 35 �dwards 18 Kent 54 F2efugio 37
Armstrong 7 EI Paso 34 Kerr 37 Roberts 54
Atascosa 16 Ellis 35 Kimbie 54 12obertson 16
Austin 56 Erath 38 King 54 Rockwall 35
Bailey 54 Falls 38 Kinney 18 Runneis 54
Bandera 16 Fannin 38 Kleberg 37 Rusk 11
Bastrop 16 Fayette 37 Knox 54 Sabine 38
Baylor 54 Fisher 54 Lamar 38 San Augustine 38
Bee 37 Floyd 54 Lamb 54 San Jacinto 56
6e1� 16 Foard 54 Lampasas 16 San Patricio 40
Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54
Blanco 37 Franklin 38 Lavaca 37 Schleicher �q
8orden 54 �reestone 38 �.ee 37 Scurry 54
6osque 38 �rio 37 �.eon 38 Shackelford 54
Bowie 11 Gaines 54 Liberty 56 Shelby 38
Brazoria 56 Galveston 56 Limestone 38 Sherman 54
Brazos 16 Garza 54 Lipscomb 54 Smith 11
Brewster 18 Gillespie 37 l.ive OaK 37 Somervell 38
Briscoe 54 Glasscock 54 C.lano 37 3tarr 41
Brooks 41 Goliad 40 Loving 54 Stephens 54
Brown 54 Gonzaies 37 Lubbock 7 Sterling 5a
Burleson 16 Gray 54 Lynn 54 Stonewali 54
Burnet 37 Grayson 35 Madison 38 Sutton �g
Caidwell 16 Gregg 11 Marion 38 Swisher 54
Caihoun 40 Grimes 38 Martin 54 Tarrant g�
Callahan 35 Guadalupe 16 Mason 37 Taylor '�
Cameron 8 Hale 54 Matagarda 37 Terreil 18
Camp 38 Mall 64 Maverick 41 Terry 54
Carson 7 htamilton 38 McCulloch 54 1'hrockmorton 54
Cass 38 Hansford 54 McLennan 16 1'itus 38
Castro 54 Hardeman 54 McMuilen 41 Tom Green 7
Chambers 56 Hardin 56 Medina 16 Travis 16
Cherokee 38 Harris 56 Menard 54 Trinity 3g
Childress 54 Harrison 63 Midland 7 1'yler 38
���y 35 Hartiey 54 Mitam 38 Upshur 11
Cochran S4 Naskell 54 Mills 54 Upton �q
Coke 54 Hays 16 Mitchell 54 Uvalde 41
Coleman 54 Hemphill 54 Montague 54 Val Verde 18
Collin 35 Henderson 38 Montgomery 56 Van �andt 38
Coilingsworttt 54 Nidalgo 8 Moore 54 Victoria 14
Coforado 37 Nill 38 Morris 38 Walker 38
Comal 16 Nockley 54 Motley 54 Waller �g
Comanche 54 Mood 38 Nacogdoches 38 Ward 54
Concho 54 Hapkins 38 Navarro 38 Washington 38
Cooke 54 Nouston 38 Newton $g Webb g
Corye11 16 Howard 54 Nolan 5<i Wharton 37
Cottie 54 Hudspeth 18 Nueces 40 Wheeier 54
Crane 54 Hunf 35 Ochiftree 54 Wichita 12
Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54
Crosby i Irion 7 Orange 56 Willacy 41
Culberson 18 Jack 38 F'ala Pinto 38 Williamson 16
Daitam 54 Jackson 37 Panola 38 Wilson 16
Dallas 35 Jasper 38 Parker 35 Winkfer �4
Dawson 54 Jeff Davis 18 Parmer 54 Wise 35
peaf Smith 54 Jefferson 56 Pecos 18 Wood 38
Delta 35 Jim Hogg 41 Polk 38 Yoakum �
Denton 35 Jim Wells , 3i Potter 7 Young 54
DeWitt 37 Johnson 35 Presidio 18 Zapata 41
Dickens 54 Jones 35 Rains 38 Zavala 41
Dimmit 41 Randall 7
Revised 1-4-i3
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001113-I
INVI'I'ATION TO BIDDERS
Page 1 of 2
6y_��M_[�1\[Qliiik�
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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SEP 10 2013
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1` + .�ECI'R$G{e�
Frank #�. Carrirro, Secretary �
' / �
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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
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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.
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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.
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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.
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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:
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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.
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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
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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
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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.
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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.
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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;
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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;
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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;
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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.
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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:
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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:
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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.
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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
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SUPPLEMENTARY CONDITIONS
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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
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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
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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
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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
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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
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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�
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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;
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• 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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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(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.
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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
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"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
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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
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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
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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.
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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
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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
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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
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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
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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]
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i�1
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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
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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
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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
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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
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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
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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
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fc�7� C��i�l� Dl�l �71 �
4 1.1 SUMMARY
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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
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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]
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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4 1.1 SUMMARY
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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
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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
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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."
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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
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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
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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.
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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
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013300-5
SUBMITTALS
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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
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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
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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.
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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]
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END OF S�CTION
Revision Log
DATE NAME SUMMARY OF CHANGE
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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
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SECTION O1 35 13
SPECIAL PROJECT PROCEDURES
3 PART1- GEN�RAL
4 1.1 SUMMARY
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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
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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
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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
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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
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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
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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
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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
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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
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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
�
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3 PARTl- GENERAL
4 1.1 SUMMARY
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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
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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
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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
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S�CTION O1 50 00
TEMPORARY FACII,ITIES AND CONTROLS
3 PARTl- GENERAL
��Ift.Y11�►'�[���il
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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
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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
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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
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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
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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:
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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
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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
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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]
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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.
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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
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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
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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
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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
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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.
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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
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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
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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]
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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
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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]
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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
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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]
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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]
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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_ 4
5
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8
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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
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19
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21
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23
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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
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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.
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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.
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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
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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
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GC-6.0'7 Wage Rates
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 17, 2011
HdNDLEY URBAN �ILLAGE
CSJ: 0902 d8 558
CITY PROJECT NO. 01834
General Decision Number: TX120035 Ol/06/2012 TX35
Superseded General Decision Number: TX20100042
State: Texas
Construction Type: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta,
Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,
Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Modification Number Publication Date
0 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