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Contract 44102
CITY SECRETARY D.O.E. FILE CONTRACTO1R''S,ONDING CO, CONSTRUCTION'S COPY CLIENT DEPARTMENT del t OF 1 P 1:7 \ : � a hity 96782 j tTeN KI.lLEY-HORN AND ASSOCIATES,INC TX-REG F-928 RESPONSIBLE FOR WHITE SETTLEMENT tMILL AND OVERLAY FORT WORTH CITY SECRETARY io «tea CONTRACT NO. � ..._... _ PROJECT MANUAL FOR THE CONSTRUCTION OF Avondale -Haslet Road - East From Water Tank Site To Willow Creek Drive Paving, Drainage, & Street Light Improvements City Project No. #01414 DOE No. #6306 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Douglas W. Wiersig, P,E. Director, Transportation/Public Works Department Prepared for The City of Fort Worth Transportatioii/Publie Works Department September 2012 'D UNAWAy DUNAWAY ASSOCIATES, L.P. 550 Bailey Avenue, Suite 400 Ft. Worth, TX 76107 TX REG F-I 1 I4 Office: 817-335-1121 /Fax: 817-429-1370 www.dunaway-assoc.com _assoc.com ROAD OFFICIAL RECORD CITY SECRETARY Ft'. WORTH, TX P / 04, ap0 /ahi ft0/z jo e,..:. ° •. 98431 t( .hest,7•... ��,�� RESPONSIBLE FOR AVONDALE-HASLET ROAD - EAST FROM WATER TANK SITE TO WILLOW CREEK DRIVE PAVING, DRAINAGE, & STREET LIGHT IMPROVEMENTS 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 00 05 10 Mayor and Council Communication 6 00 05 15 Addenda 7 00 11 13 Invitation to Bidders 8 00 21 13 Instructions to Bidders 9 00 35 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 00 43 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 00 45 11 Bidders Prequalifications 15 00 45 12 Prequalification Statement 16 00 45 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers' Compensation Law 18 00-45 39 Minority and Women B'ao ncss Enterprise Goal 19 00 45 40 Minority Business Enterprise Goal 20 00 45 41 Small Business Enterprise Goal 21 00 52 43 Agreement 22 00 61 13 Performance Bond 23 00 61 14 Payment Bond 24 00 61 19 Maintenance Bond 25 00 61 25 Certificate of Insurance 26 00 72 00 General Conditions 27 00 73 00 Supplementary Conditions 28 29 Division 01- General Requirements 30 31 01 11 00 Summary of Work 32 01 25 00 Substitution Procedures 33 01 31 19 Preconstruction Meeting 34 01 31 20 Project Meetings 35 01 32 16 Construction Progress Schedule 36 01 32 33 Preconstruction Video 37 01 33 00 Submittals 38 01 35 13 Special Project Procedures 39 01 45 23 Testing and Inspection Services 40 01 50 00 Temporary Facilities and Controls 41 01 55 26 Street Use Permit and Modifications to Traffic Control 42 01 57 13 Storm Water Pollution Prevention Plan 43 01 58 13 Temporary Project Signage 44 01 60 00 Product Requirements 45 01 66 00 Product Storage and Handling Requirements 46 01 70 00 Mobilization and Remobilization 47 01 71 23 Construction Staking 48 01 74 23 Cleaning 49 01 77 19 Closeout Requirements 000000-1 TABLE OF CONTENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 20, 2012 Avondale -Haslet Road - East City Project No. 1101414 000000-2 TABLE OF CONTENTS Page 2 of 4 1 01 78 23 Operation and Maintenance Data 2 01 78 39 Project Record Documents 3 4 Division 99 - Additional Specification 5 99 99 00 Additional Specification 6 7 Technical Specifications which have been modified by the Engineer specifically for this 8 Project; hard copies are included in the Project's Contract Documents 9 10 Division 32 - Exterior Improvements 11 12 32 32 13 Cast -in -Place Concrete Retaining Walls 13 14 Technical Specifications listed below are included for this Project by reference and can be 15 viewed/downloaded from the City's Buzzsaw site at: 16 17 htos://broiectaoint,buzzsaw.com/client/fortworthgov/Resources/02%20- 18 %20Construction%20Documents/Specifications 19 20 Division 02 - Existing Conditions 21 02 41 13 Selective Site Demolition 22 02 41 14 Utility Removal/Abandonment 23 02 41 15 Paving Removal 24 25 Division 03 - Concrete 26 03 30 00 Cast -In -Place Concrete 27 03 34 13 Controlled Low Strength Material (CLSM) 28 03 34 16 Concrete Base Material for Trench Repair 29 03 80 00 Modifications to Existing Concrete Structures 30 31 Division 26 - Electrical 32 26 05 00 Common Work Results for Electrical 33 26 05 10 Demolition for Electrical Systems 34 26 05 33 Raceway and Boxes for Electrical Systems 35 26 05 43 Underground Ducts and Raceways for Electrical Systems 36 37 Division 31- Earthwork 38 31 10 00 Site Clearing 39 31 23 16 Unclassified Excavation 40 31 23 23 Borrow 41 31 24 00 Embankments 42 31 25 00 Erosion and Sediment Control 43 31 37 00 Riprap 44 45 Division 32 - Exterior Improvements 46 32 01 17 Permanent Asphalt Paving Repair 47 32 01 18 Temporary Asphalt Paving Repair 48 32 01 29 Concrete Paving Repair 49 32 11 23 Flexible Base Courses 50 32 11 29 Lime Treated Base Courses CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 20, 2012 Avondale -Haslet Road - East City Project No. #01414 000000-3 TABLE OF CONTENTS Page 3 of 4 1 32 11 33 Cement Treated Base Courses 2 32 12 16 Asphalt Paving 3 32 12 73 Asphalt Paving Crack Sealants 4 32 13 13 Concrete Paving 5 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 6 32 13 73 Concrete Paving Joint Sealants 7 32 14 16 Brick Unit Paving 8 32 16 13 Concrete Curb and Gutters and Valley Gutters 9 32 17 23 Pavement Markings 10 32 31 13 Chain Link Fences and Gates 11 32 31 26 Wire Fences and Gates 12 32 31 29 Wood Fences and Gates 13 32 32 13 Cast -in -Place Concrete Retaining Walls 14 32 91 19 Topsoil Placement and Finishing of Parkways 15 32 92 13 Hydro -Mulching, Seeding, and Sodding 16 32 93 43 Trees and Shrubs 17 18 Division 33 - Utilities 19 33 01 30 Sewer and Manhole Testing 20 33 01 31 Closed Circuit Television (CCTV) Inspection 21 33 03 10 Bypass Pumping of Existing Sewer Systems 22 33 04 11 Corrosion Control Test Stations 23 33 04 12 Magnesium Anode Cathodic Protection System 24 33 04 30 Temporary Water Services 25 33 04 40 Cleaning and Acceptance Testing of Water Mains 26 33 05 10 Utility Trench Excavation, Embedment, and Backfill 27 33 05 12 Water Line Lowering 28 33 05 13 Frame, Cover and Grade Rings 29 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 30 33 05 16 Concrete Water Vaults 31 33 05 17 Concrete Collars 32 33 05 26 Utility Markers/Locators 33 33 05 30 Location of Existing Utilities 34 33 11 10 Ductile Iron Pipe 35 33 11 11 Ductile Iron Fittings 36 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 37 33 12 10 Water Services 1-inch to 2-inch 38 33 12 20 Resilient Seated Gate Valve 39 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 40 33 12 40 Fire Hydrants 41 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 42 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 43 33 31 50 Sanitary Sewer Service Connections and Service Line 44 33 39 10 Cast -in -Place Concrete Manholes 45 33 39 20 Precast Concrete Manholes 46 33 39 60 Epoxy Liners for Sanitary Sewer Structures 47 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 48 33 46 00 Sub drainage 49 33 49 10 Cast -in -Place Manholes and Junction Boxes 50 33 49 20 Curb and Drop Inlets CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 20, 2012 Avondale -Haslet Road - East City Project No. ti01414 1 33 49 40 Storm Drainage Headwalls and Wingwalls 2 3 Division 34 - Transportation 4 34 41 10 Traffic Signals 5 34 41 13 Removing Traffic Signals 6 34 41 20 Roadway Illumination Assemblies 7 34 41 30 Aluminum Signs 8 34 71 13 Traffic Control 9 10 Appendix 11 GC-4.02 Subsurface and Physical Conditions 12 GC-4.06 Hazardous Environmental Condition at Site 13 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 14 GC-6.07 Wage Rates 15 GC-6.09 Permits and Utilities 16 17 END OF SECTION 000000-4 TABLE OF CONTENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 20, 2012 Avondale -Haslet Road - East City Project No. #01414 M&C Review Page 1 of 2 OU CIL COUNCIL ACTION: Approved on 1/15/2013 DATE: 1/15/2013 REFERENCE C-26062 LOG NAME: NO.: CODE: SUBJECT: C TYPE: NON- PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, texas FORT WORT II 20AVONDALE HASLET EAST CONSTRUCTION CONATSER NO Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of $1,988,779.45 for Paving, Drainage, and Street Lights Along Avondale Haslet Road from Water Tank Site to Willow Creek Drive, Authorize Execution of a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company in the Amount of $599,939.00 to Provide a New Quiet Zone Crossing, and Expenditure in the Amount of $282,206.00 for Contingencies, and Construction Services for a Total Project Cost in the Amount of $2,870,924.45 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,988,779.45 for paving, drainage, and street light improvements along Avondale Haslet Road from 700 feet east of Haslet Court, Water Tank Site to Willow Creek Drive; and 2. Authorize the execution of a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company in the amount of $599,939.00 for a new Quiet Zone crossing for Avondale Haslet Road. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,988,779.45 for paving, drainage, and street light improvements, from 700 feet east of Haslet Court (Water Department Tank Site) to Willow Creek Drive and authorize a Railroad Crossing Agreement with Burlington Northern Santa Fe Railway Company (BNSF) in the amount of $599,939.00 for a new Quiet Zone crossing for Avondale Haslet Road. The construction of Avondale Haslet Road project is divided into two phases. Phase 1, from US 287 Frontage Road to 700 feet east of Haslet Court (Water Tank Site), was approved for construction by (M&C C-25039) on July 19, 2011. Phase 1 is being constructed through a Community Facilities Agreement with Wal-Mart Stores Texas, LLC. Avondale Haslet Road Improvements Phase 2 limits are from the Water Tank Site to Willow Creek Drive across the existing BNSF rail line. A part of the overall improvements planned for this roadway is to provide improvements to the existing rail crossing from two lanes to a four lane crossing and will improve the roadway to cross this rail line in accordance with railroad safety requirements for quiet zone installations. These improvements will allow this crossing to be converted to a Quiet Zone. Plans have been provided to BNSF and an Agreement in the amount of $599,939.00 is required for new signals and a wider crossing on the BNSF property. As part of its contract, Conatser Construction TX, LP, construction contract will provide traffic flagging which will be required during construction. This project was advertised for bid in the Fort Worth Star -Telegram on September 27, 2012 and October 4, 2012 and on October 25, 2012 the following four bids were received: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1... 1/16/2013 M&C Review Page 2 of 2 Bidder 0 Amount Conatser Construction TX, LP I( $1,988,779.45 IJLB Contracting, LLC J $2,001,446.74 (McClendon Construction Co., Inc. II $2,115,726.40 (Jackson Construction, Ltd. 1 $2,427,919.60 The City has chosen not to exercise the Optional Bid Alternative specified in the bid documents, therefore, the low base bid from Conatser Construction TX, LP, was the overall low bidder for this project. The bid alternative was to install an asphalt overlay on White Settlement Road. In addition to the construction costs shown above, an additional amount of $282,206.00 will allow for typical contingencies and City and Consultant furnished construction services for a total project cost in the amount of $2,870,924.45. Conatser Construction TX, LP, is in compliance with the City's Business Diversity Ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 4V and 5S. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C204 541200 207230141483 $2.048.439.45 C204 539120 207230141483 $599.939.00 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS AHR M&C EXHIBIT Construction.adf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1... 1/16/2013 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 AVONDALE-HASLET ROAD - EAST PAVING, DRAINAGE, & STREET LIGHT IMPROVEMENTS (FROM WATER TANK SITE TO WILLOW CREEK DRIVE) D.O.E. NO. 6306 CITY PROJECT NO. 01414 ADDENDUM RELEASE DATE: October 17, 2012 BIDS RECEIVED DATE: October 25, 2012 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above referenced project are hereby revised and amended as follows: 1. SECTION 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 Bid Date is hereby revised front Thursday October 1e. 2012 to Thursday October 25th. 2012. 2. A pre -bid meeting was held on 10/9/2012 and the following items were discussed: a. BNSF permit approval for construction of north retaining wall within BNSF ROW is pending and is anticipated to be acquired prior to start of construction. b. Sign -in sheet from the pre -bid meeting is included with this addendum. 3. The following items are RFIs that came up during bidding and the responses given: a. Q: Does the City require paint or thermoplastic on all permanent pavement markings? A: Yes all permanent pavement markings shall be thermoplastic in accordance with City standard specification 32 17 23. b. Q: What is the timing of the west phase project and will it be completed in time for the tie-in to the east phase? A: The west phase of Avondale Haslet is being constructed as a CFA with Wal-Mart. The start of construction is anticipated to be before the construction starts for the east phase project. Coordination will be required between the west phase Contractor and the east phase Contractor during construction with regards to the connection between the two phases and traffic control as needed. No additional compensation will be provided for this coordination, this will be considered subsidiary to all other bid items in this project. c. Q: The unclassified excavation quantity in the paving section is small and the borrow quantity is large, but the channel excavation quantity in the drainage section almost balances the two. Is it the City's intention to use the channel excavation spoil to make the roadway fill? The geotech report on Page 10 indicates that site fill should AVONDALE-HASLET ROAD — EAST ADDENDUM #1 consist of onfite material "approved by the Soils Engineer". Will the excavation from the channel be approved? If so, will it be paid for in the paving section as "Borrow"? A: If the unclassified excavated material from the channel is acceptable per City standard specification for borrow then it may be used for the roadway fill. d. Q: If channel excavation is to be used to make the roadway fill, could we allow for an additional bid item in the Paving section for offsite borrow material to be brought in if needed, or if the channel excavation material is deemed unsuitable or insufficient for the fill requirements? A: There is currently a bid item named "Fill -borrow' that assumes that if the fill excavated from the channel is deemed unacceptable and soil has to be imported on site, this bid item may be used. e. Q: If channel excavation is to be used for roadway fill, could we be allowed an additional bid item for offsite disposal of any channel excavation material that is deemed unsuitable for fill in the roadway? A: Per City specification for unclassified excavation any necessary hauling or removal of excess material from the site is covered in this bid item. f. Q: Will the 6-12" tree removal item in the "Demo" section be applied to the trees that will be removed in digging the channel? My site visit yesterday appears to determine that there will be a fairly large clearing area required to dig the channel. The drainage section does not have a bid item for clearing or stripping? g. A: A bid item for site clearing along the channel will be added to the project. Q: Could the bid item for "Topsoil" be changed to "Imported Topsoil", or is it expected that part of the channel excavation may be usable as topsoil? I don't find any specifications for the topsoil material, and there appears to be insufficient information to determine if in situ material could be used for this. Ideally, I think this item should be pre -bid and limited to pay for necessary imported material only? A: A bid item for topsoil per City specification 32 91 19 is included in the proposal section. h. Regarding the railroad work, it appears that the railroad (per the ANA plans that are attached to Dunaway's plans) will be performing all the work of removing and replacing the crossing pads, signal gates, and other items. If so, then what work effort is the Contractor expected to bid for the items of "Railroad Coordination ", "Railroad Concrete Crossing", "Railroad Signals", and "Railroad Detour Plan"? A: Railroad Coordination — Refer To CFW Specification 01 35 13 Special Procedures Railroad Concrete Crossing — This bid item will be removed from the proposal as this work will be done by the railroad company. Railroad Signals — This bid item will be removed from the proposal as this work will be done by the railroad company. Addendum No. 1 AVONDALE-HASLET ROAD — EAST ADDENDUM #1 "Railroad Detour Plan" — This item is required by the railroad company during the installation and testing of the concrete panels. The entire Avondale Haslet Rd will need to be closed down and a detour plan will need to be provided in accordance with City specification for traffic control detour plan? i. Q: The ANA plans show a railroad header with 12" HMAC connection to the concrete pads to be installed. I find no bid items in the bid sheet for railroad header or 12" HMAC? j• A: A bid item will be adde d to the project. Q: Typically the other railroad -related item, "Railroad Flagging", has been a pre -bid amount to be paid to the Contractor on a reimbursement basis. It is unlikely that any contractor could provide a meaningful cost estimate for this activity, and would likely quote a large price that might wind up charging the city more than the actual cost. Could this item be pre -bid as it has been in the past? k. A: This bid item will be revised to become a pre -bid item. 1. Q: There is a requirement for temporary earth retaining wall in the traffic control plans, but there is no bid item provided for this. It could be considered a subsidiary item if that is the City's choice, but it is a rather large item of cost and these are usually broken out for separate pay so that the City can save money if the quantity can be reduced in the field. A: This bid item will be added to the project. m. Q: There is also a requirement for LPCB in the traffic control plan. Like the temporary earth retaining wall, this should likely be a separate pay item, priced per LF, to be used as directed when the project is under construction, to assure that the City could take advantage of the savings if some or all of the item is not needed. In fact, the plans, on Sheet 80, show the LPCB used adjacent to the temp earth retaining wall, in a situation where it appears the much less expensive plastic drums could be used, as there is no risk of traffic going over an unprotected edge in this situation? A: This bid item will be added to the project. The use of the LPCB on sheet 80 is designed to protect the wall from vehicular traffic and not as a result of a drop off scenario. n. Q: 6" Doweled on Curb for Median Pavers bid item appears to be missing from the proposal? A: Per City specification the bid item is considered subsidiary to concrete paving. 4. SECTION 00 73 00 Supplementary Conditions Page 5 of 5 is hereby replaced with the version attached to state coordination between Contractors of the West and East Phases of the Avondale Haslet project will be required. 5. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0070 6" Gravel Driveway 3.010 SF is added to the project. Addendum No. 1 AVONDALE-HASLET ROAD - EAST ADDENDUM #1 6. SECTION 00 42 43 Bid Form PAVING Bid Item 3232.0206 Bates Aston-TxDOT Std Ret Wall - RW 1 (H) C (Lrcl. grow strip and weep holes per details in drawings) description and auantity is revised from 462 SF to 742 SF. 7. SECTION 00 42 43 Bid Form PAVING Bid item 3232.0206 North/BNSF - TxDOT Std Ret Wall - RW 1 (H) C (Intl. mow strip, weep holes and concrete flume per details in drawings) description and quantity is revised from 2,332SF to 2,709 SF. 8. SECTION 00 42 43 Bid Form PAVING Bid Item 3212.0303 3"Asphalt Pvmt Type D quantity is revised from 1.945 SY to 4,135 SY. This bid item also includes temporary asphalt widening in the traffic control plan. 9. SECTION 00 42 43 Bid Form PAVING Bid Item 3211.0312 6" Flex Base. Tyne A. GR-1 aua» tits is revised from 1.945 SY to 3.795 SY. This bid item also includes temporary asphalt widening in the traffic control plan. 10. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0110 7" Flex Base, Type A, GR-1 340 SY is added to the protect. 11. SECTION 00 42 43 Bid Form PAVING Bid Item 3211.0315 12" Flex Base, Type D , GR-1 (Railroad Crossing) 20 SY is added to the protect. 12. SECTION 00 42 43 Bid Form PAVING Bid Item 3123.0101 Unclassified Excavation quantity is revised from 1,390 SY to 1,450 SY. 13. SECTION 00 42 43 Bid Form PAVING Bid Item 3123.0102 Fill -Borrow quantity is revised from 14,365 CY to 15,000 CY. 14. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0060 Railroad Flagging is revised to be a pre -bid item 1LS of $52,029. 15. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0060 Railroad Concrete Crossing is deleted from the proposal section. This item will be installed by BNSF. 16. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0060 Railroad Signals is deleted from the proposal section. This item will be installed by BNSF. 17. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0080 Temporary Earth Retaining Wall (Per TXDOT Detail RW (TEW) for Traffic Control 1,064 SF - is added to the project. 18. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0090 Temporary Inlet/Wing Extension per detail included as a part of this addendum for Traffic Control 1 EA - is added to the proiect. 19. SECTION 00 42 43 Bid Form PAVING Bid Item 3349.7001 Temporary 4' drop inlet for Traffic Control 1 EA - is added to the protect. 20. SECTION 00 42 43 Bid Form PAVING Bid Item 3341.0201 Temporary 21" RCP. Class III (incl plug and flowable fill) for Traffic Control 35 LF - is added to the proiect. 21. SECTION 00 42 43 Bid Form PAVING Bid Item 3311.0261 Temporary 8" PVC Pipe for Traffic Control 45 LF - is added to the proiect. Addendum No. 1 AVONDALE-HASLET ROAD - EAST ADDENDUM #1 22. SECTION 00 42 43 Bid Form PAVING Bid Item 3311.0001 Temporary Ductile Iron Fittings for Traffic Control 0.25 TN - is added to the nroiect. 23. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0100 Low Profile Concrete Barriers Tvpe I (incl funish and install and remove and replace per drawings) for Traffic Control 420 LF - is added to the proiect. 24. SECTION 00 42 43 Bid Form PAVING Bid Item 9999.0100 Low Profile Concrete Barriers Type II (Intl funish and install and remove and replace per drawings) for Traffic Control 40 LF - is added to the nroiect. 25. SECTION 00 42 43 Bid Form DRAINAGE Bid Item 3123.0101 Unclassified Excavation - Channel is revised front 11,676 CYto 11,710 CY. 26. SECTION 00 42 43 Bid Form DRAINAGE Bid Item 3137.0104 Medium Stone Riprap. dry quantity is revised from 175 SY to 229 SY. 27. SECTION 00 42 43 Bid Form DRAINAGE Bid Item 3110.0101 Site Clearing - Channel 1 LS - is added to the nroiect. 28. SECTION 00 42 43 Bid Form LIGHTING Bid Item 3441.3404 2-2-2-4 Ouadnlex Alum Elec Conductor - 2,986 LF - is added to the proiect. 29. Addendum No. 1 includes plans and specification for milling and overlaying portions of White Settlement Road, from Adrian Street to S. Commerce Street. The scope of work includes wedge milling, surface milling, Type D HMAC, installation of vehicle detector loops, and replacing potions of damaged curb and gutter. The Contractor will also need to coordinate activities with the Fort Worth & Western Railroad (FWRR). The FWRR will be installing new concrete panels for their crossing of White Settlement Road. The following bid items have been added to the proposal and project as a bid alternate #1. The project will be awarded to the lowest bidder of the combination of the base bid + alternate bid #1. However, if the City chooses to remove alternate bid #1 from the construction project the project will be awarded to the lowest qualified bidder of the project base bid. a. 0135.0101 b. 0241.1300 c. 0241.1502 d. 0241.1506 e. 3212.0302 f 3216.0102 g. 3217.0401 h. 3217.1001 i. 3217.2001 j. 3217.2002 k. 3217.2102 1. 3217.2103 in. 3305.0107 Addendum No. 1 Railroad Coordination 1 LS Reprove Cone Curb & Gutter 150 LF 2" Wedge Milling 9,500 SY 2" Surface Milling 1,000 SY 2" Asphalt Pvmt Type D 10,500 SY 7" Conc Curb and Gutter 150 LF 18" SLD Pvmt Marking HAE (W) 150 LF Lane Legend RR 1 EA Raised Marker TY W 800 EA Raised Marker TY Y 75 EA REFL Raised Marker TY I-C 160 EA REFL Raised Marker TY II -AA 15 EA Manhole Adjustment, Minor 18 EA AVONDALE-HASLET ROAD — EAST ADDENDUM #1 n. 3305.0111 Valve Box Adjustment 11 EA o. 3441.1301 Loop Detector Cable Sawcut 580 LF p. 3441.1302 14 AWG Loop Detect Cable 580 LF q. 3471.0001 Traffic Control 1 MO r. 9999.0010 Miscellaneous Construction Force Account 9,825 FA $1.00 $9,825.00 s. 9999.0020 Miscellaneous Utility Force Account 3,275 FA$1.00 $3,275.00 30. Replace entire proposal section with the version enclosed herein. (Revised excel spreadsheet has been posted to Buzzsaw) 31. Project manual cover sheet has been revised to include signature of Engineer responsible for White Settlement Mill and Overlay project. 32. Sheet 2 of the construction drawings is hereby revised to include additional sheets 115 -123 to the index of sheets. 33. Sheet 46 of the construction drawings is hereby revised to change the area of the retaining wall from 462 SF to 742 SF and replace the pipe under drain with 4" weep holes per TXDOT standard detail. 34. Sheet 47 of the construction drawings is hereby revised to change the area of the retaining wall from 2,332 SF to 2,709 SF and replace the pipe under drain with 4" weep holes per TXDOT standard detail. 35. Sheets 115-123 of the construction drawings are hereby added to the project for White Settlement Mill and Overlay Improvements. 36. Replace all plan sheets referenced above with the revised version enclosed herein. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: -Ise r `Pitle: 'tQc'tc)1,0 1-�- Addendum No. 1 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Avondale Haslet — East will be received by the City of Fort 6 Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth, Texas 76102 12 Until 1:30 P.M. CST, Thursday, October 25, 2012, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the (approximate) following: 17 18 Base Bid 19 Paving: 20 12,729 SY 10-inch Reinforced Concrete Pavement 21 Drainage: 22 802 LF 6'x3' Box Culvert 23 318 LF 21-inch RCP, Class III 24 1,043 LF 24-inch RCP, Class III 25 67 LF 30-inch RCP, Class III 26 136 LF 36-inch RCP, Class III 27 5 EA 10' Curb Inlet 28 Bid Alternate #1 29 9,500 SY 2" Wedge Milling 30 1,100 SY 2" Surface Milling 31 10,500 SY 2" Asphalt Pvmt Type D 32 150 LF 7" Conc Curb and Gutter 33 34 PREQUALIFICATION 35 The improvements included in this project must be performed by a contractor who is pre- 36 qualified by the City at the time of bid opening. The procedures for qualification and pre- 37 qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. 38 DOCUMENT EXAMINATION AND PROCUREMENTS 39 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 40 of Fort Worth's Purchasing Division website at http://www.fortworthaov.org/purchasing/ and 41 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 42 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 43 suppliers. 44 Copies of the Bidding and Contract Documents may be purchased from DUNAWAY 45 ASSOCIATES, L.P., 550 Bailey Avenue, Suite 400, Ft. Worth, TX 76107 46 The cost of Bidding and Contract Documents is: 47 Set of Bidding and Contract Documents with full size drawings: $120 48 Set of Bidding and Contract Documents with half size (if available) drawings: $90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 0011 13 -2 INVITATION TO BIDDERS Page 2 of 2 1 2 PREBID CONFERENCE 3 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 4 BIDDERS at the following location, date, and time: 5 DATE: Tuesday, October 9, 2012 6 TIME: 9:00 a.m. 7 PLACE: TPW Conference room 270 — 2nd Floor 8 LOCATION: 1000 Throckmorton Street, Fort Worth, Texas 76102 9 10 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 11 City reserves the right to waive irregularities and to accept or reject bids. 12 13 FUNDING- C204-541200-207230141483 14 15 INQUIRIES 16 All inquiries relative to this procurement should be addressed to the following: 17 Attn: Patrick Buckley, P.E., City of Fort Worth 18 Email: Patrick.Buckley@FortWorthTexas.gov 19 Phone: (817) 392-2443 20 AND/OR 21 Attn: Kervin Campbell, P.E., Dunaway Associates, L.P. 22 Email: kampbell@dunaway-assoc.com 23 Phone: (817) 335-1121 24 25 ADVERTISEMENT DATES 26 September 27, 2012 27 October 4, 2012 28 29 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 3 4 1. Defined Terms 5 6 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00 - GENERAL CONDITIONS. 8 9 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided) makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified (even if inadvertently opened) shall not be considered. 38 39 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 40 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 41 45 11, BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 -2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3 The City reserves the right to require any pre -qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4. In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 3.5. NOT USED 17 18 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 19 20 4.1. Before submitting a Bid, each Bidder shall: 21 22 4.1.1. Examine and carefully study the Contract Documents and other related data 23 identified in the Bidding Documents (including "technical data" referred to in 24 Paragraph 4.2. below). No information given by City or any representative of the 25 City other than that contained in the Contract Documents and officially 26 promulgated addenda thereto, shall be binding upon the City. 27 28 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 29 site conditions that may affect cost, progress, performance or furnishing of the 30 Work. 31 32 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 33 progress, performance or furnishing of the Work. 34 35 4.1.4. NOT USED 36 37 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 38 contiguous to the Site and all drawings of physical conditions relating to existing 39 surface or subsurface structures at the Site (except Underground Facilities) that 40 have been identified in the Contract Documents as containing reliable "technical 41 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 42 at the Site that have been identified in the Contract Documents as containing 43 reliable "technical data." 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research, investigations, tests, borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations, tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations, tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work, time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation, research, tests, explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima -facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures (except Underground Facilities) which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH Avondale -Haslet Road - East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 City Project No. #01414 00 21 13 -4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data" contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02, of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and, furnishing the 20 Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work, Etc. 28 29 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth, TX 76102 16 Attn: Patrick Buckely, P.E., Transportation and Public Works 17 Fax: (817) 392-6543 18 Email: Patrick.Buckley@FortWorthTexas.gov 19 Phone: (817) 392-2443 20 21 22 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 City. 24 25 6.3. Addenda or clarifications may be posted via Buzzsaw at https://projectpoint.buzzsaw.com 26 27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 43 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. 401414 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or -Equal" Items 11 The Contract, if awarded, will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or -equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C, of the General 18 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 19 20 11. Subcontractors, Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended), the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts. A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate. The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST, five (5) City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received. Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 45 price item listed therein. In the case of optional alternatives, the words "No Bid," 46 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals, for which the Bidder proposes to do the 48 work contemplated or furnish materials required. All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals, the price in written words shall govern. 51 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 -7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title, the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud, the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 - 8 INSTRUCTIONS TO BIDDERS .Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates (if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder, whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price, contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements, performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTI-I Avondale -Haslet Road - East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 City Project No.1101414 1 2 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIO.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 en (1C(.45-1-(2r Yl?„-LXt L dim La By: i -e1r ( 28 Company ( 29 30 p() &(. 6144k Signature: 31 Address 32 33 CO'('L- VI)7) 1L'V)( I /� f0 i k9 Title: C6‘1C\'QI/ 4- 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 27, 2012 Avondale -Haslet Road - East City Project No. 1101414 TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: 01414 Units/Sections: Paving Improvements Drainage Improvements Street Light Improvements 1. Enter Into Agreement SECTION 00 41 00 BID FORM Avondale -Haslet Road - East From Water Tank Site to Willow Creek Drive 00 41 00 BID FORM Page 1 of 3 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Avondale -Haslet Road - East City Project No 01414 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Paving Improvements b. Drainage Improvements c. Street Light Improvements d. Water & Sewer Adjustments to Grade per 33 05 14 (see drawings for locations) 4. Time of Completion 00 41 00 BID FORM Page 2 of 3 4.1. The Work will be complete for Final Acceptance within 270 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 3513 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Avondale -Haslet Road - East City Project No 01414 00 41 00 BID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items Total Base Bid Alternate Bid #1 $1,988,779.45 $230,260.00 Total Bid (Base Bid + Alternate #1 Bid) $2,219,039.45 7. Bid Submittal This Bid is submitted on October 25, 2012 Respectfully subfrfitted By: (Signature) Jerry Conatser (Printed Name) by the entity named below. Receipt is acknowledged the following Addensia: Addendum No. 1:/ Addendum No. 2: Addendum No. 3: Addendum No. 4: Title: President Company: Conatser Construction TX, LP Corporate Seal: Address: PO Box 15448 Fort Worth, TX 76119 State of Incorporation: Email: ierrvnconatser.com Phone: (817) 534-1743 Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 of Initial Avondale -Haslet Road - East City Project No 01414 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT 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 underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. El BIDDER: Conatser Construction TX, LP PO Box 15448 Fort Worth, TX 76119 0 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 By: Jerry Conat er (Signature Title: President Date: 10 '015- 1 As Avondale -Haslet Road - East City Project No 01414 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. 401414 1 2 3 4 5 6 7 8 9 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Paving Improvements Conatser Construction TX, LP Drainage Improvements Conatser Construction TX, LP Street Light Improvements Conatser Construction TX, LP Water & Sewer Adjustments to Grade per 33 05 14 (see Conatser Construction TX, LP drawings for locations) Prequalification Expiration Date 1/5/2013 1/5/2013 9/30/2012 4/30/2013 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Conatser Construction TX, LP By: Jerry •natser PO Box 15448 Fort Worth, TX 76119 0 END OF SECTION (Signature) Title: President Date: 10" (DI S I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Avondale -Haslet Road - East City Project No 01414 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing stsatement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: -Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. Avondale -Haslet Road - East City Project No. #01414 1 2 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 01414. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 00%4_,S4)/�a�r ebikS-1, ril rtf 1n- Lr By: I P_ YY-I Oixv'fsQ 13 Company (Iflease Print) 14 15 PD. cri< 15`7 k-le Signature: 16 Address17 n, 18 `i-0 <.L 1) D {-Lv1 x (D )19 Title: YE) d t� ►mil fi 19 City/State/Zip 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE, the undersigned authority, on this day personally appeared 27 JP( t .tea ,Q ,Y , known to me to be the person whose name is 28 subscribed to the for going instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of C�Pra LJ° for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE thigS- `may of 33 O('; h-0�(' , 20J 34 35 36 37 38 39 40 4, (Please Print) Notary Public END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 n and for the State of Texas AYt*, Notary L. OLSON "ry Public State of Texas My Commission Expires November 12, 2013 Avondale -Haslet Road - East City Project No. #01414 0045 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS EN I hRPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is /0% of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's MBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the MBE Office at (817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Depaitrilent, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. Fro iOfferor shall deliver the MBE; documentation in pappr erson to.the opriate employee o ;sthe'Managm_ Jepartment.and;obtam a date/tune receipt Such receipt. ha11 bcjcyAdence that=thel_City.receiyed; lie documentattoii iii,the, ime allocated .:A.faxed co 1 II1 o be acce . ) 1?� 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 and Subcontractor Utilization Form, if no MBE participation: 4. Prime Contractor Waiver Form, if firm will perform all subcontracting/supplier work: 5. Joint Venture Form, if utilizing a joint venture to meet or exceed goal. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on .1A N 1 5 2013 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manger, 5 ("City"), and Conatser Construction TX, LP , authorized to do business in Texas, acting by 6 and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Avondale -Haslet Road — East (from Water Tank to Willow Creek Drivel 16 City Project No. 01414 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 270 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred and Thirty Dollars ($630.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 00 52 43 - 3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification nrovision is specifically intended to onerate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is snecifically intended to onerate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in nart, 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Avondale -Haslet Road - East City Project No. #01414 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 Bond NO: 022 41488 006113-1 PERFORMANCE BOND Page 1 of 2 SECTION 00 61 13 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS: 8 That we, Conatser Construction TX. LP , known as "Principal" herein 9 and Liberty Mutual Insurance Company , a corporate surety(sureties, if more 10 than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 11 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million 13 Nine Hundred Eighty -Eight Thousand Seven Hundred Seventy -Nine Dollars and Forty -Five 14 Cents ($1,988,779.45), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the day of JAN 1 5 2013 , 20_, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders, as provided for in said Contract designated as Avondale -Haslet Road - East, No. 01414. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 00 61 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the JAN 5 2013 day of 6 , 20 7 PRINCIPAL: 8 Conatser Construction TX, LP 9 10 11 12 (/signature 13 ATTEST: 14 15 16 (Principal) Secretary 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Witness as to Surety 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 Witness as to Principal Jerry R. Conatser, President of Conatser Management Group . Inc. GP Name and Title Address: PO Box 15448 Fort Worth, TX 76119 SURETY: Liberty Mutual Insurance Company BY: nature Glenna S! Davis Attorney —in —Fact Name Name and Title Address: 175 Berkeley Street Boston, MA 02117 Telephone Number: 972.233.9588 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 Bond No: 022041488 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 006114-1 PAYMENT BOND Page 1 of 2 KNOW ALL BY THESE PRESENTS: 8 That we, Conatser Construction TX, LP , known as "Principal" herein, 9 and Liberty Mutual Insurance Comnanv , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of One Million Nine Hundred Eighty -Eight Thousand Seven Hundred Seventv-Nine 14 Dollars and Forty -Five Cents ($1,988,779.45), lawful money of the United States, to be paid in 15 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 day of JAN 15 2013 , 20 , which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Avondale -Haslet Road - East, No. 01414. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 00 61 14 -2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the _ day of 3 _MN 152013 ,20 . 4 ATTEST: (Principal) Secretary Witness as to Principal PRINCIPAL: Conatser Construction TX. LP BY: /Sig'nat ire Jerry R. Conatser, President of Conatser Management Group, Inc. GP Name and Title Address: PO Box 15448 Fort Worth. TX 76119 SURETY: Liberty Mutual Insurance Company ATTEST: BY: ignre (Surety) Secretary (166P-A-Q-) Witness as to Surety Glenna S. Davis Attorney -in -Fact Name and Title Address: 175 Berkeley Street Boston. MA 02117 Telephone Number: 972.233.9588 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 SECTION 00 61 19 MAINTENANCE BOND Bond No: 022041488 00 61 19 - 1 MAINTENANCE BOND Page I of 3 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Conatser Construction TX. LP , known as "Principal" herein and 9 Liberty Mutual Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million 13 Nine Hundred Eighty -Eight Thousand Seven Hundred Seventv-Nine Dollars and Fortv-Five 14 Cents ($1,988,779.45), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the day of JAN 15 2013 , 20 , which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as Avondale -Haslet Road - East, No. 25 01414; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 00 61 19 -2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. I/01414 00 61 19 -3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of JAN 1 5 2013 3 .20 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 GP 15 (Principal) Secretary 16 17 18 19 20 C= - 21 22 23 24 25 26 27 28 29 30 ATTEST: 31 32 33 (Surety) Secretary 34 ( , / A 3 5 (,�.tJzJ 36 Witness as to Surety 37 Witness as to Principal PRINCIPAL: Conatser Construction TX. LP BY: /signature Jerry R. Conatser, President of Conatser Management Groun. Inc. Name and Title Address: PO Box 15448 Fort Worth. TX 76119 SURETY: Liberty Mutual Insurance Company BY. gnature Glenna S. Davis, Attorney —in —Fact Name and Title Address: 175 Berkeley Street Reston, MA 02117 Telephone Number: 972.233.9588 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5591o25 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Carolyn Maples; Cathy Vinson; Glenna S. Davis: Gren A. Wilkerson: John R. Wilson all of the city of Fort Worth , state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September 2012 STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary On this 28th day of September , 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. NOTARY By. KD Riley , Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and A(itti`orizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorney -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. JAN 15 2013 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of By: , 20 David M. Carey, Assistant Secretary POA - AFCC, LMIC, OCIC, PIC & WAIC LMS_12873_041012 50 of 500 Liberty Mutual Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto://www.tdi.state.tx.us E-mail: ConsumerProtection cc tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 Liberty' Mutual NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION 0 REALIZAR UNA QUEJA: Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas: 11 1-800-252-3439 11 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccion: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(c�tdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la compania de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 6 Article 2 — Preliminary Matters 7 2.01 Copies of Documents 7 2.02 Commencement of Contract Time; Notice to Proceed 7 2.03 Starting the Work 8 2.04 Before Starting Construction 8 2.05 Preconstruction Conference 8 2.06 Public Meeting 8 2.07 Initial Acceptance of Schedules 8 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 3.06 Electronic Data 11 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 16 5.01 Licensed Sureties and Insurers 16 5.02 Performance, Payment, and Maintenance Bonds 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 18 5.05 Acceptance of Bonds and Insurance; Option to Replace 19 Article 6 — Contractor's Responsibilities 19 6.01 Supervision and Superintendence 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 6.02 Labor; Working Hours 20 6.03 Services, Materials, and Equipment 20 6.04 Project Schedule 21 6.05 Substitutes and "Or -Equals" 21 6.06 Concerning Subcontractors, Suppliers, and Others 24 6.07 Wage Rates 25 6.08 Patent Fees and Royalties 26 6.09 Permits and Utilities 27 6.10 Laws and Regulations 27 6.11 Taxes 28 6.12 Use of Site and Other Areas 28 6.13 Record Documents 29 6.14 Safety and Protection 29 6.15 Safety Representative 30 6.16 Hazard Communication Programs 30 6.17 Emergencies and/or Rectification 30 6.18 Submittals 31 6.19 Continuing the Work 32 6.20 Contractor's General Warranty and Guarantee 32 6.21 Indemnification 33 6.22 Delegation of Professional Design Services 34 6.23 Right to Audit 34 6.24 Nondiscrimination 35 Article 7 - Other Work at the Site 35 7.01 Related Work at Site 35 7.02 Coordination 36 Article 8 - City's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Furnish Data 36 8.03 Pay When Due 36 8.04 Lands and Easements; Reports and Tests 36 8.05 Change Orders 36 8.06 Inspections, Tests, and Approvals 36 8.07 Limitations on City's Responsibilities 37 8.08 Undisclosed Hazardous Environmental Condition 37 8.09 Compliance with Safety Program 37 Article 9 - City's Observation Status During Construction 37 9.01 City's Project Representative 37 9.02 Visits to Site 37 9.03 Authorized Variations in Work 38 9.04 Rejecting Defective Work 38 9.05 Determinations for Work Performed 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 Article 10 - Changes in the Work; Claims; Extra Work 38 10.01 Authorized Changes in the Work 38 10.02 Unauthorized Changes in the Work 39 10.03 Execution of Change Orders 39 10.04 Extra Work 39 10.05 Notification to Surety 39 10.06 Contract Claims Process 40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 41 11.01 Cost of the Work 41 11.02 Allowances 43 11.03 Unit Price Work 44 11.04 Plans Quantity Measurement 45 Article 12 - Change of Contract Price; Change of Contract Time 46 12.01 Change of Contract Price 46 12.02 Change of Contract Time 47 12.03 Delays 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 13.04 Uncovering Work 49 13.05 City May Stop the Work 49 13.06 Correction or Removal of Defective Work 50 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 City May Correct Defective Work 51 Article 14 - Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 54 14.04 Partial Utilization 55 14.05 Final Inspection 55 14.06 Final Acceptance 55 14.07 Final Payment 56 14.08 Final Completion Delayed and Partial Retainage Release 56 14.09 Waiver of Claims 57 Article 15 - Suspension of Work and Termination 57 15.01 City May Suspend Work 57 15.02 City May Terminate for Cause 58 15.03 City May Terminate For Convenience 60 Article 16 - Dispute Resolution 61 16.01 Methods and Procedures 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 Article 17 — Miscellaneous 62 17.01 Giving Notice 62 17.02 Computation of Times 62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 63 17.05 Headings 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11 Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 2 of 63 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 responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim., 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed --A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls; 49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule -A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project The Work to be performed under the Contract Documents. 53. Project Representative —The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-I General Conditions Page 6 of 63 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 7 of 63 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 Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-I General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 12 of63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 14 of63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnj and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemn any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 16 of 63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 17 of63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-I General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - I General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemni and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended) by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2, shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to 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 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. httu://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemn and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for 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 Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 33 of63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY, This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS, ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT, WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all 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 Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will confoti►i generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: 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 Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g• The cost of utilities, fuel, and sanitary facilities at the Site. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses," including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.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 Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.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 Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 50 of63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 00 72 00 - 1 General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 55 of63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS - Revision: August 17, 2012 007200-1 General Conditions Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. 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 complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B: Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS . Revision: August 17, 2012 007200-1 General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007200-1 General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: August 17, 2012 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions, unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2, "Resolving Discrepancies" 24 25 Plans govern over Specifications and Specifications shall govern over standard details. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1., "Availability of Lands" 34 35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 36 9/6/2012 37 38 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION Parcel 6 - ROW & DE Hunter Crossroad L.P. 10/18/2012 Parcel 7 - ROW, SE-1 & SE-2 Vista Crossroads 1, Ltd. 10/18/2012 Parcel 9 - SE Terry Wayne Barrow 10/18/2012 Parcel 10 - SE & DE Bulkmatic Transport Co. 10/18/2012 39 40 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 41 and do not bind the City. 42 43 If Contractor considers the final easements provided to differ materially from the representations on the 44 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 45 notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 2 SC-4.01A.2, "Availability of Lands" 3 4 Utilities or obstructions to be removed, adjusted, and/or relocated 5 6 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 7 as ofApril 19th, 2012 8 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None One Source Fiber Optic Cable 1/1/2013 Level 3 Telecom 1/1/2013 AT&T Buried Telephone & Fiber Optic Cable 1/1/2013 ONCOR Electric Lines and Poles 1/1/2013 9 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 10 and do not bind the City. 11 12 SC-4.02A., "Subsurface and Physical Conditions" 13 14 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 15 16 A Geotechnical Report No.10-1467, dated February 15`h, 2011, prepared by STL Engineers, a sub- 17 consultant of Dunaway Associates, L.P., a consultant of the City, providing additional information on 18 Miscellaneous Paving Improvements. 19 20 The following are drawings of physical conditions in or relating to existing surface and subsurface 21 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 22 None 23 24 SC-4.06A., "Hazardous Environmental Conditions at Site" 25 26 The following are reports and drawings of existing hazardous environmental conditions known to the City: 27 None 28 29 SC-5.03A., "Certificates of Insurance" 30 31 The entities listed below are "additional insureds as their interest may appear" including their respective 32 officers, directors, agents and employees. 33 34 (1) City 35 (2) Consultant: None 36 (3) Other: None 37 38 SC-5.04A., "Contractor's Insurance" 39 40 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 41 coverages for not less than the following amounts or greater where required by laws and regulations: 42 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 2 3 Statutory limits 4 Employer's liability 5 $100,000 each accident/occurrence 6 $100,000 Disease - each employee 7 $500,000 Disease - policy limit 8 9 SC-5.04B., "Contractor's Insurance" 10 11 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 12 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 13 minimum limits of: 14 15 $1,000,000 each occurrence 16 $2, 000, 000 aggregate limit 17 18 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the 19 General Aggregate Limits apply separately to each job site. 20 21 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. 22 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 23 24 SC 5.04C., "Contractor's Insurance" 25 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under 26 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 27 28 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 29 defined as autos owned, hired and non -owned. 30 31 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 32 least: 33 34 $250,000 Bodily Injury per person / 35 $500, 000 Bodily Injury per accident / 36 $100,000 Property Damage 37 38 SC-5.04D., "Contractor's Insurance" 39 40 The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and 41 material deliveries to cross railroad properties and tracks of, Burlington Northern Santa Fe Railroad 42 Company 43 44 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 45 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 46 or other property. Such operations on railroad properties may require that Contractor to execute a "Right of 47 Entry Agreement" with the particular railroad company or companies involved, and to this end the 48 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 49 the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate 50 to the Contractor's use of private and/or construction access roads crossing said railroad company's 51 properties. 52 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 2 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 3 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 4 occupy, or touch railroad property: 5 6 (1) General Aggregate: $ Refer to Appendix GC-6.09 7 8 (2) Each Occurrence: $Refer to Apvendix GC-6.09 9 10 X Required for this Contract Not required for this Contract 11 12 With respect to the above outlined insurance requirements, the following shall govern: 13 14 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 15 the name of the railroad company. However, if more than one grade separation or at -grade 16 crossing is affected by the Project at entirely separate locations on the line or lines of the same 17 railroad company, separate coverage may be required, each in the amount stated above. 18 19 2. Where more than one railroad company is operating on the same right-of-way or where several 20 railroad companies are involved and operated on their own separate rights -of -way, the Contractor 21 may be required to provide separate insurance policies in the name of each railroad company. 22 23 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a 24 railroad company's right-df--way at a location entirely separate from the grade separation or at- 25 grade crossing, insurance coverage for this work must be included in the policy covering the grade 26 separation. 27 28 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 29 way, all such other work may be covered in a single policy for that railroad, even though the work 30 may be at two or more separate locations. 31 32 No work or activities on a railroad company's property to be performed by the Contractor shall be 33 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 34 for each railroad company named, as required above. All such insurance must be approved by the City and 35 each affected Railroad Company prior to the Contractor's beginning work. 36 37 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 38 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 39 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 40 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 41 railroad company operating over tracks involved in the Project. 42 43 SC-6.04., "Project Schedule" 44 45 Project schedule shall be tier 3 for the project. 46 47 SC-6.07., "Wage Rates" 48 49 The following is the prevailing wage rate table(s) applicable to this project and is provided in the 50 Appendix: 51 52 Refer to Appendix GC-6.07 53 54 SC-6.09., "Permits and Utilities" 55 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 1 SC-6.09A., "Contractor obtained permits and licenses" 2 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 3 None 4 5 SC-6.09B. "City obtained permits and licenses" 6 The following are known permits and/or licenses required by the Contract to be acquired by the City: 7 8 1. Exhibit 'A' Railroad Permit 9 10 SC-6.09C. "Outstanding permits and licenses" 11 12 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of 9/6/2012 13 14 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION BNSF 10/18/2012 15 16 SC-7.02., "Coordination" 17 18 The individuals or entities listed below have contracts with the City for the performance of other work at 19 the Site: 20 Vendor Scope of Work Coordination Authority Contractor for West Phase of Roadway Construction/Tie-In of Contractor and City Inspector Avondale Haslet Rd Project. Pavement to the East Phase and Traffic Control. 21 22 SC-8.01, "Communications to Contractor" 23 24 Burlington Northern Santa Fe Railroad Company 25 26 SC-9.01., "City's Project Representative" 27 28 The following firm is a consultant to the City responsible for construction management of this Project: 29 None 30 31 SC-13.03C., "Tests and Inspections" 32 33 None 34 35 SC-16.01C.1, "Methods and Procedures" 36 37 None 38 39 40 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1 - GENERAL SECTION 01 11 00 SUMMARY OF WORK 011100-1 SUMMARY OF WORK Page 1 of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to" 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work associated with easements, including removal, 40 temporary closures and replacement, shall be subsidiary to the various items bid 41 in the project proposal, unless a bid item is specifically provided in the 42 proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 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 USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY 012500-1 SUBSTITUTION PROCEDURES Page 1 of 4 A. Section Includes: 1. The procedure for requesting the approval 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 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 REQUIREMENTS A. Request for Substitution - General 1. 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 from 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 substitutions 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 July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 25 00 - 2 SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed 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 number of persons associated with referenced projects knowledgeable 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 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. 5. Substitution 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] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 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 substitution 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 all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST 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 substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery 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 Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 0131 19 PRECONSTRUCTION MEETING 0131 19 -1 PRECONSTRUCTION MEETING Page 1 of 3 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way, utility clearances, easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre -Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 l 2 3 PART 1 - GENERAL SECTION 01 3120 PROJECT MEETINGS 013120-1 PROJECT MEETINGS Page 1 of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre -Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 01 31 20 -2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre -construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations, problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off -site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts • 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 0. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No.1101414 0131 20 -3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 SECTION 0132 16 CONSTRUCTION PROGRESS SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 - No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 - No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4 - Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost -loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 32 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions, weather, 27 technical difficulties, strikes, unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions, the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #014I4 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 6 7 8 A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3 - EXECUTION [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 %2 inches x 11 inches to 8 Y2 inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E, Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer r 01 33 00 - 3 SUBMITTALS Page 3 of 8 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 01 33 00 - 6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 calendar days of the 16 date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Working Days prior to release for 49 manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 33 00 - 7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 013300-8 SUBMITTALS Page 8 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 101414 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0135 13 SPECIAL PROJECT PROCEDURES 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 1. {Coordination with North Central Texas Council of Governments Clean 19 Construction Specification [remove if not required]} 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 — General Requirements 25 3. Section 33 12 25 — Connection to Existing Water Mains 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site . 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 25 Specification 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Coordination with the Texas Department of Transportation 28 1. When work in the right-of-way which is under the jurisdiction of the Texas 29 Department of Transportation (TxDOT): 30 a. Notify the Texas Department of Transportation prior to commencing any work 31 therein in accordance with the provisions of the permit 32 b. All work performed in the TxDOT right-of-way shall be performed in 33 compliance with and subject to approval from the Texas Department of 34 Transportation 35 B. Work near High Voltage Lines 36 1. Warning sign 37 a. Provide sign of sufficient size meeting all OSHA requirements. 38 2. Equipment operating within 10 feet of high voltage lines will require the following 39 safety features 40 a. Insulating cage -type of guard about the boom or arm 41 b. Insulator links on the lift hook connections for back hoes or dippers 42 c. Equipment must meet the safety requirements as set forth by OSHA and the 43 safety requirements of the owner of the high voltage lines CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 35 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 3. Work within 6 feet of high voltage electric lines 2 a. Notification shall be given to: 3 1) The power company (example: ONCOR) 4 a) Maintain an accurate log of all such calls to power company and record 5 action taken in each case. 6 b. Coordination with power company 7 1) After notification coordinate with the power company to: 8 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 9 lower the lines 10 c. No personnel may work within 6 feet of a high voltage line before the above 11 requirements have been met. 12 C. Confined Space Entry Program 13 1. Provide and follow approved Confined Space Entry Program in accordance with 14 OSHA requirements. 15 2. Confined Spaces include: 16 a. Manholes 17 b. All other confined spaces in accordance with OSHA's Permit Required for 18 Confined Spaces 19 D. Air Pollution Watch Days 20 1. General 21 a. Observe the following guidelines relating to working on City construction sites 22 on days designated as "AIR POLLUTION WATCH DAYS". 23 b. Typical Ozone Season 24 1) May 1 through October 31. 25 c. Critical Emission Time 26 1) 6:00 a.m. to 10:00 a.m. 27 2. Watch Days 28 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 29 with the National Weather Service, will issue the Air Pollution Watch by 3:00 30 p.m. on the afternoon prior to the WATCH day. 31 b. Requirements 32 1) Begin work after 10:00 a.m. whenever construction phasing requires the 33 use of motorized equipment for periods in excess of 1 hour. 34 2) However, the Contractor may begin work prior to 10:00 a.m. if: 35 a) Use of motorized equipment is less than 1 hour, or 36 b) If equipment is new and certified by EPA as "Low Emitting", or 37 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 38 alternative fuels such as CNG. 39 E. Use of Explosives, Drop Weight, Etc. 40 1. When Contract Documents permit on the project the following will apply: 41 a. Public Notification 42 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 43 prior to commencing. 44 2) Minimum 24 hour public notification in accordance with Section 01 31 13 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 F. Water Department Coordination 2 1. During the construction of this project, it will be necessary to deactivate, for a 3 period of time, existing lines. The Contractor shall be required to coordinate with 4 the Water Department to determine the best times for deactivating and activating 5 those lines. 6 2. Coordinate any event that will require connecting to or the operation of an existing 7 City water line system with the City's representative. 8 a. Coordination shall be in accordance with Section 33 12 25. 9 b. If needed, obtain a hydrant water meter from the Water Department for use 10 during the life of named project. 11 c. In the event that a water valve on an existing live system be turned off and on 12 to accommodate the construction of the project is required, coordinate this 13 activity through the appropriate City representative. 14 1) Do not operate water line valves of existing water system. 15 a) Failure to comply will render the Contractor in violation of Texas Penal 16 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 17 will be prosecuted to the full extent of the law. 18 b) In addition, the Contractor will assume all liabilities and 19 responsibilities as a result of these actions. 20 G. Public Notification Prior to Beginning Construction 21 1. Prior to beginning construction on any block in the project, on a block by block 22 basis, prepare and deliver a notice or flyer of the pending construction to the front 23 door of each residence or business that will be impacted by construction. The notice 24 shall be prepared as follows: 25 a. Post notice or flyer 7 days prior to beginning any construction activity on each 26 block in the project area. 27 1) Prepare flyer on the Contractor's letterhead and include the following 28 information: 29 a) Name of Project 30 b) City Project No (CPN) 31 c) Scope of Project (i.e. type of construction activity) 32 d) Actual construction duration within the block 33 e) Name of the contractor's foreman and phone number 34 f) Name of the City's inspector and phone number 35 g) City's after-hours phone number 36 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 37 A. 38 3) Submit schedule showing the construction start and finish time for each 39 block of the project to the inspector. 40 4) Deliver flyer to the City Inspector for review prior to distribution. 41 b. No construction will be allowed to begin on any block until the flyer is 42 delivered to all residents of the block. 43 H. Public Notification of Temporary Water Service Interruption during Construction 44 1. In the event it becomes necessary to temporarily shut down water service to 45 residents or businesses during construction, prepare and deliver a notice or flyer of 46 the pending interruption to the front door of each affected resident. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 2. Prepared notice as follows: 2 a. The notification or flyer shall be posted 24 hours prior to the temporary 3 interruption. 4 b. Prepare flyer on the contractor's letterhead and include the following 5 information: 6 1) Name of the project 7 2) City Project Number 8 3) Date of the interruption of service 9 4) Period the interruption will take place 10 5) Name of the contractor's foreman and phone number 11 6) Name of the City's inspector and phone number 12 c. A sample of the temporary water service interruption notification is attached as 13 Exhibit B. 14 d. Deliver a copy of the temporary interruption notification to the City inspector 15 for review prior to being distributed. 16 e. No interruption of water service can occur until the flyer has been delivered to 17 all affected residents and businesses. 18 f. Electronic versions of the sample flyers can be obtained from the Project 19 Construction Inspector. 20 I. Coordination with United States Army Corps of Engineers (USACE) 21 1. At locations in the Project where construction activities occur in areas where 22 USACE permits are required, meet all requirements set forth in each designated 23 permit. 24 J. Coordination within Railroad Permit Areas 25 1. At locations in the project where construction activities occur in areas where 26 railroad permits are required, meet all requirements set forth in each designated 27 railroad permit. This includes, but is not limited to, provisions for: 28 a. Flagmen 29 b. Inspectors 30 c. Safety training 31 d. Additional insurance 32 e. Insurance certificates 33 f. Other employees required to protect the right-of-way and property of the 34 Railroad Company from damage arising out of and/or from the construction of 35 the project. Proper utility clearance procedures shall be used in accordance 36 with the permit guidelines. 37 2. Obtain any supplemental information needed to comply with the railroad's 38 requirements. 39 3. Railroad Flagmen 40 a. Submit receipts to City for verification of working days that railroad flagmen 41 were personnel were present on Site. 42 K. Dust Control 43 1. Use acceptable measures to control dust at the Site. 44 a. If water is used to control dust, capture and properly dispose of waste water. 45 b. If wet saw cutting is performed, capture and properly dispose of slurry. 46 L. Employee Parking 47 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 M. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 2 Construction Specification [if required for the project — verify with City] 3 1. Comply with equipment, operational, reporting and enforcement requirements set 4 forth in NCTCOG's Clean Construction Specification.} 5 1.5 SUBMITTALS [NOT USED] 6 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 7 1.7 CLOSEOUT SUBMITTALS [NOT USED] 8 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 9 1.9 QUALITY ASSURANCE [NOT USED] 10 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 11 1.11 FIELD [SITE] CONDITIONS [NOT USED] 12 1.12 WARRANTY [NOT USED] 13 PART 2 - PRODUCTS [NOT USED] 14 PART 3 - EXECUTION [NOT USED] 15 END OF SECTION 16 17 Revision Log DATE NAME SUMMARY OF CHANGE July 2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: Avondale -Haslet - East 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 37 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 Date: EXHIBIT B FORT WORTH DOE HO. XXXX Project Herne: 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 I 2 3 PART 1- GENERAL 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 01 45 23 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation tp 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #014I4 1 2 3 PART 1- GENERAL 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 01 5713 STORM WATER POLLUTION PREVENTION 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 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 REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. #01414 015813-I TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 01 58 13 2 TEMPORARY PROJECT SIGNAGE 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of %-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 31 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1 - GENERAL SECTION 01 60 00 PRODUCT REQUIREMENTS 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 4 1.1 SUMMARY 5 A. Section Includes: 6 1. A listing of the approved products for use in the City 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: I 0 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is attached to this Section. 16 B. Only products specifically included on City's Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City's Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City's Standard Product List. 24 D. Although a specific product is included on City's Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer's standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 101414 01 60 00 - 2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1— General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 017000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 3 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION 5 A. Section Includes: 6 2. Mobilization and Demobilization 7 a. Mobilization: 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from one location to another location on the Site. 17 b. Demobilization: 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 3. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization: 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization: 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2012 Avondale -Haslet Road - East City Project No. #01414 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 3 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from City of Fort Worth Standards 20 2. None 21 C. Related Specification Sections include but are not necessarily limited to 22 2. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 23 Contract. 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 2. Mobilization and Demobilization 27 a. Measurement and Payment 28 1) Work associated with this Item is considered subsidiary to the various items 29 bid. No separate payment will be allowed for this item. 30 3. Remobilization for suspension of Work as specifically required in the Contract 31 Documents 32 a. Measurement 33 1) Measurement for this Item shall be per each remobilization preformed. 34 b. Payment 35 1) The work performed in accordance with this Item will be paid for at the 36 unit price per each "Specified Remobilization" in accordance with Contract 37 Documents. 38 c. The price shall include: 39 1) Demobilization as described in Section 1.1.A.2.a.1) 40 2) Remobilization as described in Section 1.1.A.2.a.2) 41 d. No payments will be made for standby, idle time, or lost profits associated this 42 Item. 43 4. Remobilization for suspension of Work as required by City 44 a. Measurement and Payment 45 1) This shall be submitted as a Contract Claim in accordance with Article 10 46 of 00 72 00 General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2012 Avondale -Haslet Road - East City Project No. #01414 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 3 1 2) No payments will be made for standby, idle time, or lost profits associated 2 with this Item. 3 5. Mobilizations and Demobilizations for Miscellaneous Projects 4 a. Measurement 5 1) Measurement for this Item shall be for each Mobilization and 6 Demobilization required by the Contract Documents 7 b. Payment 8 1) The Work performed in accordance with this Item will be paid for at the 9 unit price per each "Work Order Mobilization" in accordance with 10 Contract Documents. Demobilization shall be considered subsidiary to 11 mobilization and shall not be paid for separately. 12 c. The price shall include 13 1) Mobilization as described in Section 1.1.A.3.a.1) 14 2) Demobilization as described in Section 1.1.A.3.a.2) 15 3) No payments will be made for standby, idle time, or lost profits associated 16 this Item. 17 6. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 18 a. Measurement 19 1) Measurement for this Item shall be for each Mobilization and 20 Demobilization required by the Contract Documents 21 b. Payment 22 1) The Work performed in accordance with this Item will be paid for at the 23 unit price per each "Work Order Emergency Mobilization" in accordance 24 with Contract Documents. Demobilization shall be considered subsidiary 25 to mobilization and shall not be paid for separately. 26 c. The price shall include 27 1) Mobilization as described in Section 1.1.A.4.a) 28 2) Demobilization as described in Section 1.1.A.3.a.2) 29 3) No payments will be made for standby, idle time, or lost profits associated 30 this Item. 31 1.3 TO 1.12 [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 PART 3 - EXECUTION [NOT USED] 34 35 36 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE [2010 JAN 06] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2012 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1- GENERAL SECTION 01 7123 CONSTRUCTION STAKING 017123-1 CONSTRUCTION STAKING Page 1 of 3 4 1.1 SUMMARY 5 A. Section includes: 6 1. Requirements for construction staking. 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Construction Stakes 19 1. Construction staking will be performed by the City. 20 2. Coordination 21 a. Contact City's Project Representative at least 2 weeks in advance for 22 scheduling of Construction Staking. 23 3. General 24 a. It is the Contractor's responsibility to coordinate staking such that construction 25 activities are not delayed or negatively impacted. 26 b. Contractor is responsible for preserving and maintaining stakes furnished by 27 City. 28 c. If in the opinion of the City, a sufficient number of stakes or markings have 29 been lost, destroyed or disturbed, by Contractor's neglect such that the 30 contracted Work cannot take place, then the Contractor will be required to pay 31 the City for new staking with a 25 percent markup. 32 1) The cost for staking will be deducted from the payment due to the 33 Contractor for the Project. 34 1.5 SUBMITTALS 35 A. Submittals, if required, shall be in accordance with Section 01 33 00. 36 1. All submittals shall be approved by the Engineer or the City prior to delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 017123-2 CONSTRUCTION STAKING Page 2 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 2 A. Certificates 3 1. Provide certificate certifying that elevations and locations of improvements are in 4 conformance or non-conformance with requirements of the Contract Documents. 5 a. Certificate must be sealed by a registered professional land surveyor in the 6 State of Texas. 7 B. Field Quality Control Submittals 8 1. Documentation verifying accuracy of field engineering work 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced 13 in the necessary crafts and who are completely familiar with the specified requirements 14 and the methods needed for proper performance of the Work. 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS [NOT USED] 19 PART 3 - EXECUTION 20 3.1 INSTALLERS [NOT USED] 21 3.2 EXAMINATION [NOT USED] 22 3.3 PREPARATION 23 A. Verify location and protect control points before commencing Work. 24 B. Notify City's Project Representative immediately of any discrepancies discovered. 25 3.4 APPLICATION [NOT USED] 26 3.5 REPAIR / RESTORATION [NOT USED] 27 3.6 RE -INSTALLATION [NOT USED] 28 3.7 FIELD [OR] SITE QUALITY CONTROL 29 A. Preserve permanent reference points during progress of the Work. 30 B. Do not change or relocate reference points without approval from the City. 31 C. Utilize recognized engineering survey practices. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 1101414 01 71 23 - 3 CONSTRUCTION STAKING Page 3 of 3 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 10 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 74 23 - 1 CLEANING Page 1 of 4 1 SECTION 01 74 23 2 CLEANING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions, 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 74 23 - 3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 01 74 23 - 4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 10 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1- GENERAL SECTION 0177 19 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page I of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF'FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 77 19 -3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 D. Notice of Project Completion 2 1. Once the City Project Representative finds the Work subsequent to Final Inspection 3 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 4 E. Supporting Documentation 5 1. Coordinate with the City Project Representative to complete the following 6 additional forms: 7 a. Final Payment Request 8 b. Statement of Contract Time 9 c. Affidavit of Payment and Release of Liens 10 - d. Consent of Surety to Final Payment 11 e. Pipe Report (if required) 12 f. Contractor's Evaluation of City 13 g. Performance Evaluation of Contractor 14 F. Letter of Final Acceptance 15 1. Upon review and acceptance of Notice of Project Completion and Supporting 16 Documentation, in accordance with General Conditions, City will issue Letter of 17 Final Acceptance and release the Final Payment Request for payment. 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 1 2 3 PART 1 - GENERAL 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 Submittal Procedures. All 28 submittals shall be approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2 Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form.. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 01 78 39 PROJECT RECORD DOCUMENTS 017839-I PROJECT RECORD DOCUMENTS Page 1 of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1 None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entiy is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 39 -2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Ca11 attention to each entry by drawing a "cloud" around the area or areas 2 affected. 3 d. Make changes neatly, consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings, have been kept clean during progress of 7 the Work, and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents, other than Drawings, will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling, and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR / RESTORATION [NOT USED] 15 3.6 RE -INSTALLATION [NOT USED] 16 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 26 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 999900-1 ADDITIONAL SPECIFICATIONS Page 1 of 6 SECTION 99 99 00 ADDITIONAL SPECIFICATIONS 9999.0010 PRE -BID ITEM — MISCELLANEOUS CONSTRUCTION — FORCE ACCOUNT Items bid as Force Accounts shall consist of miscellaneous utility adjustments and other non - subsidiary items requested for construction by the City of Fort Worth and at the direction of the Project Engineer. The payment to the Contractor for miscellaneous work shall be the actual cost of the work plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 9999.0020 PRE -BID ITEM — MISCELLANEOUS UTILITIES — FORCE ACCOUNT Items bid as Force Accounts shall consist of miscellaneous construction adjustments and other non -subsidiary items requested for construction by the City of Fort Worth and at the direction of the Project Engineer. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 9999.0030 BID ITEM — Pedestrian Rail (Type PRI) See TXDOT Standard Specification Item No 450-2025 "RAIL (TY PRI)" and TXDOT standard details included in the Plans. 450.1. Description. Construct railing of concrete, steel, aluminum, or acombination of these materials, including necessary anchorage for therailing on bridges, culverts, walls, or other structures as shown on the plans. 450.2. Materials. Use materials that conform to requirements of the following Items: • Item 421, "Hydraulic Cement Concrete" • Item 440, "Reinforcing Steel" • Item 442, "Metal for Structures" • Item 445, "Galvanizing" • Item 446, "Cleaning and Painting Steel" • Item 540, "Metal Beam Guard Fence." 450.3. Construction. Construct railing in accordance with details,alignment, and grade designated on the plans. Unless otherwise directed, donot place railing until falsework or formwork, if any, for the span has beenreleased. During construction, ensure that expansion joints in the railingwill function properly after the railing is installed. If the plans allow either steel or aluminum options for a particular railing type, furnish either steel or aluminum but not both for the entire Contract. A. Metal Railing. 1. General. Furnish metal beam rail elements in accordance withltem 540, "Metal Beam Guard Fence."Fabricate and erect metal railing according to the pertinentprovisions of Item 441, "Steel Structures," and the requirements ofthis Item.When required by the plans, Avondale Haslet Rd - East City Project No. 01414 99 99 00 - 2 ADDITIONAL SPECIFICATIONS Page 2 of 6 prepare and submit for approval the required shop or erection drawings in accordance with Item 441.Show all splice locations and details on the shop or erection drawings. Splice members only as provided on the plans.Field weld when required in accordance with Item 448, "StructuralField Welding." 2. Fabrication. Fabricate metal railing and post panels in sectionsconforming to the details shown in the plans and field-verifiedlines and grades. Fabricate adjacent sections so that they willaccurately engage each other in the field. Match mark each pair ofsections so they can be erected in the same position in which theywere fabricated.Fabricate metal rail elements included as part of the railing systemto the dimensions and cross -sections shown on the plans andwithin a tolerance of 1/4 in. per 10 ft. in the straightness of eitheredge. Joint and connect metal rail elements to the rail posts asshown on the plans, lapping metal rail elements in the direction of traffic in the adjacent lane. Unless otherwise shown on the plans,bolts and nuts for metal railing should meet requirements of ASTM A 307 and be galvanized in accordance with Item 445,"Galvanizing."Fabricate aluminum in accordance with AWS D1.2, StructuralWelding Code—Aluminum.To facilitate bending or straightening, aluminum materials otherthan castings may be heated to a temperature up to 400°F for nomore than 30 min. 3. Castings. Provide permanent mold castings of the materialsspecified that are true to pattern in form and dimensions and ofuniform quality and condition. Castings must be free from cracksand defects such as blowholes, porosity, hard -spots, or shrinkagethat could affect their suitability for use. Repair minor defects inaluminum castings by an approved inert gas -welding process.Ensure that finished castings are free of burrs, fins, discoloration, and mold marks and that they have a uniform appearance andtexture.Produce castings under radiographic control sufficient to establishand verify a product free from harmful internal defects. Whenheat-treating is required, heat-treat the entire lot of castings to the specified temper.Permanently mark the heat or lot number on the web or top of the base of all castings. Furnish mill test reports showing the heat orlot number, chemical composition, tensile strength, elongation, andnumber of pieces for each casting heat or lot. For aluminumcastings, a heat or lot should consist of not more than 1,000 Ib. oftrimmed castings when produced from batch type furnaces, or2,000 Ib. when produced from a continuous furnace during aperiod of no more than 8 consecutive hours. Furnish the entire number of acceptable posts cast from each heat or lot except when a portion is required to complete a project. 4. Corrosion Protection. Provide protective coating for all metalrailing unless otherwise noted on the plans. Galvanize all portionsof steel railing after fabrication in accordance with Item 445,"Galvanizing," unless otherwise noted on the plans. When paintingis specified on the plans, provide the paint system shown on theplans. Apply paint in accordance with Item 446, "Cleaning andPainting Steel." Repair any damaged galvanizing after erection in accordance with Item 445.Aluminum railing and galvanized steel railing do not require field painting. Before final acceptance, clean extrusion marks, grease,and dirt from the railing. 5. Storage. Store railing materials above the ground on platforms,skids, or other supports, and keep them free from grease, dirt, andcontact with dissimilar metals. Avoid scratching, marring, denting,discoloring, or otherwise damaging the railing. Avondale Haslet Rd - East City Project No. 01414 999900-3 ADDITIONAL SPECIFICATIONS Page 3 of 6 B. Concrete Railing. Provide concrete portions of railing in accordancewith the requirements of Item 420, "Concrete Structures," andrequirements of this Item. Construct forms so that the railing line andgrade can be checked after the concrete has been placed but beforeinitial set. Do not disturb the form alignment during finish floating ofthe railing tops. Exercise particular care in other construction to avoiddisturbing or vibrating the span with the newly placed railing.Provide precast members conforming to Item 424, "Precast ConcreteStructures (Fabrication)."Concrete railing may be constructed using approved slip- formequipment. Provide sensor control for both line and grade. C. Tests. The Engineer will sample cast aluminum posts for testing inaccordance with Tex- 731-1 to verify the material requirements of Item 442, "Metal for Structures." Metal beam rail elements may besampled in accordance with Tex-713-I. The Engineer may sample bolts and nuts in accordance with Tex-708-I for galvanized coating testing. 450.4. Measurement. This Item will be measured by the foot.This is a plans quantity measurement Item. The quantity to be paid for is thequantity shown in the proposal except as modified by Article 9.2, "PlansQuantity Measurement." Additional measurements or calculations will bemade if adjustments of quantities are required. 450.5. Payment. The work performed and materials furnished inaccordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for "Railing" of the type specified. Thisprice will be full compensation for furnishing, preparing, and placingconcrete, expansion joint material, reinforcing steel, structural steel, aluminum, cast steel, pipe, anchor bolts, tie-in anchorage to approachrailing or guard fence, anchorage devices for attaching metal beam guardfence or end treatments, and all other materials required in the finishedrailing; removal and disposal of salvageable materials; and hardware, paintand painting of metal railing, galvanizing, equipment, labor, tools, and incidentals. 9999.0040 BID ITEM — HEADWALLS AND WINGWALLS 466.1. Description. Furnish, construct, and install concrete headwalls and wingwalls for drainage structures and underpasses. 466.2. Materials. A. General. Furnish materials in accordance with the following: • Item 420, "Concrete Structures" • Item 421, "Hydraulic Cement Concrete" • Item 440, "Reinforcing Steel." Unless otherwise shown on the plans, use Class C concrete for cast -in place and precast concrete units. Furnish cast -in -place or precast headwalls and wingwalls unless otherwise shown on the plans. B. Fabrication. 1. General. Fabricate cast -in -place concrete units and precast units in accordance with Item 420, "Concrete Structures." For headwalls and wingwalls use the following definitions: • "Headwalls" refers to all walls, including wings, at the ends of single -barrel and multiple - barrel pipe culvert structures. Avondale Haslet Rd - East City Project No. 01414 999900-4 ADDITIONAL SPECIFICATIONS Page 4 of 6 • "Wingwalls" refers to all walls at the ends of single -barrel or multiple -barrel box culvert structures. 2. Lifting Holes. For precast units, provide no more than 4 lifting holes in each section. Lifting holes may be cast, cut into fresh concrete after form removal, or drilled. Provide lifting holes large enough for adequate lifting devices based on the size and weight of the section. The maximum hole diameter is 3 in. at the inside surface of the wall and 4 in. at the outside surface. Do not cut more than 1 longitudinal wire or 2 circumferential wires per layer of reinforcing steel when locating lift holes. Repair spalled areas around lifting holes. 3. Marking. Before shipment from the casting or fabrication yard, clearly mark the following on each precast unit: • the date of manufacture, • the name or trademark of the manufacturer, and • the type and size designation. 4. Storage and Shipment. Store precast units on a level surface. Do not place any loads on precast concrete units until design strength is reached. Do not ship units until design strength requirements have been met. 5. Causes for Rejection. Precast units may be rejected for not meeting any one of the specification requirements. Individual units may also be rejected for fractures or cracks passing through the wall or surface defects indicating honeycombed or open texture surfaces. Remove rejected units from the project, and replace them with acceptable units meeting the requirements of this Item. 6. Defects and Repairs. Occasional imperfections in manufacture or accidental damage sustained during handling may be repaired. The repaired units will be acceptable if they conform to the requirements of this Item and the repairs are sound, properly finished, and cured in conformance with pertinent specifications. 466.3. Construction. A. General. Remove portions of existing structures in accordance with Item 430.3, "Construction." Drill, dowel, and grout in accordance with Item 420, "Concrete Structures." B. Excavation, Shaping, Bedding, and Backfill. Excavate, shape, bed, and backfill in accordance with Item 400, "Excavation and Backfill for Structures." Take special precautions in placing and compacting the backfill to avoid any movement or damage to the units. Bed precast units on foundations of firm and stable material accurately shaped to conform to the bases of the units. C. Placement of Precast Units. Provide adequate means to lift and place the precast units. Fill lifting holes with mortar or concrete and cure. Precast concrete or mortar plugs may be used. D. Connections. Make connections to new or existing structures in accordance with the details shown on the plans. Furnish jointing material in accordance with Item 464, "Reinforced Concrete Pipe," or as shown on the plans. When removing existing headwalls, also remove a length of the existing pipe from the headwall to the joint as shown on the plans or as approved. Re -lay the removed pipe if approved, or furnish and lay a length of new pipe. 466.4. Measurement. This is a plans quantity measurement item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, "Plans Quantity Measurement." Additional measurements or calculations will be made if adjustments of quantities are required. A. Headwalls. Headwalls will be measured by each end of a structure. Avondale Haslet Rd - East City Project No. 01414 999900-5 ADDITIONAL SPECIFICATIONS Page 5 of 6 B. Wingwalls. Wingwalls will be measured by one of the following methods: 1. Square Foot. Wingwalls will be measured by the square foot of the front surface area of the wall of each type. Unless otherwise shown on the plans, the area will be measured from the top of the footing or apron to the top of the wall. If there is no footing or apron, then measurement is from the bottom of the wall. 2. Each. Wingwalls will be measured by each end of a structure. 466.5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the price bid for "Headwalls" of the type and pipe size (diameter or design) specified, "Wingwalls" of the type specified when measurement is by the square foot, or "Wingwalls" of the type and wall height specified when measurement is by each. For payment purposes, the wingwall height will be rounded to the nearest foot. This price is full compensation for constructing, furnishing, transporting, and installing the headwalls or wingwalls; connecting to existing structure; breaking back, removing and disposing of portions of the existing structure, and replacing portions of the existing structure as required to make connections; excavation and backfill; and concrete, reinforcing steel, corrugated metal pipe or reinforced concrete pipe, equipment, labor, tools, and incidentals. Apron concrete or riprap between or around the wingwalls of single- or multiple -barrel box culvert structures will be measured and paid for in accordance with Item 432, "Riprap." The removal and re-laying of existing pipe or the furnishing of new pipe to replace existing pipe will not be paid for directly but will be considered subsidiary to this Item. 9999.0050 BID ITEM — SMALL ROADSIDE SIGN REMOVAL A. Removal. Remove existing concrete foundations that are to be abandoned to 2 ft. below finish grade. Backfill the remaining hole with material equal in composition and density to the surrounding area. Replace any surfacing with like material to equivalent condition. B. Handling and Storage. Handle and store existing signs or portions of signs removed so that they are not damaged. Prevent any damage to the various sign assembly components. Replace any portion of the sign damaged by the Contractor designated for reuse or salvage, including messages removed. Stockpile all removed sign components that will be reused or that become the property of the Department at designated locations. Accept ownership of unsalvageable materials, and dispose of them in accordance with federal, state, and local regulations. 644.1. Measurement. This Item will be measured as each small roadside assembly installed, removed, or relocated. 644.2. 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 "Install Small Roadside Sign Supports and Assemblies" of the type specified, "Relocate Small Roadside Sign Supports and Assemblies" of the type specified, or "Remove Small Roadside Sign Supports and Assemblies." A. Removal. This price is full compensation for removing existing sign assemblies and related materials; salvaging; disposal of unsalvageable material; hauling, excavating, backfilling, and surface placement; and equipment, materials, labor, tools, and incidentals. Avondale Haslet Rd - East City Project No. 01414 9999.0060 BID ITEM — RAILROAD COORDINATIONS See Appendix GC-6.09 999900-6 ADDITIONAL SPECIFICATIONS Page 6 of 6 Avondale Haslet Rd - East City Project No. 01414 1 2 32 32 13 - I CAST -IN -PLACE CONCRETE RETAINING WALLS Page 1 of 5 SECTION 32 32 13 CAST -IN -PLACE CONCRETE RETAINING WALLS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes 6 1. Construction of cast -in -place concrete retaining wall of the size and shape detailed 7 on the plans and at the location shown on the plans 8 2. Construction of TxDOT standard cast -in -place, spread foot concrete retaining wall 9 of the size and shape detailed on the plans and at the location shown on the plans 10 B. Deviations from City of Fort Worth Standards 11 1. None 12 C. Related Specification Sections include but are not necessarily limited to 13 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 14 2. Division 1 - General Requirements 15 3. Section 03 30 00 - Cast -in -Place Concrete 16 4. Section 31 23 16 - Excavation 17 5. Section 31 23 23 - Fill 18 6. Section 31 24 00 - Embankments 19 7. Section 32 13 20 - Concrete Sidewalks, Driveways And Barrier Free Ramps 20 8. Section 33 46 00 - Subdrainage 21 D. Standard Details 22 1. TxDOT Standard — Spread Footing Walls 23 a. RW 1 (L) A — Low Footing Pressure, Design A Retaining Walls 24 b. RW 1 (L) B — Low Footing Pressure, Design B Retaining Walls 25 c. RW 1 (L) C — Low Footing Pressure, Design C Retaining Walls 26 d. RW 1 (H) A — High Footing Pressure, Design A Retaining Walls 27 e. RW 1 (H) B — High Footing Pressure, Design B Retaining Walls 28 f. RW 1 (H) C — High Footing Pressure, Design C Retaining Walls 29 g. RW 2 — Retaining Wall Miscellaneous Details 30 1.2 PRICE AND PAYMENT PROCEDURES 31 A. Measurement and Payment 32 1. Measurement 33 a. Concrete Retaining Wall with Sidewalk 34 1) Retaining wall: measured by the square foot of the front surface area of the 35 wall. 36 2) Sidewalk constructed adjacent to wall: See Section 32 13 20. 37 b. TxDOT Standard — Spread Footing Walls 38 1) Measured by the square foot of the front surface area of the wall. 39 2) Unless otherwise shown on the plans, measure area from finished ground 40 line on the face of the exterior wall to the top of the wall including any 41 coping required (not including railing). CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale Haslet Rd - East City Project No. 01414 32 32 13 - 2 CAST -IN -PLACE CONCRETE RETAINING WALLS Page 2 of 5 1 2. Payment 2 a. Based on the work performed and all materials furnished for cast -in -place 3 concrete retaining walls of the type or special surface finish specified. 4 b. Subsidiary work and materials include: 5 1) excavation in back of retaining walls 6 2) furnishing and placing footings, leveling pads and copings. 7 3) furnishing, placing, and compacting backfill (except in embankment areas). 8 4) furnishing and placing concrete, reinforcing steel, waterproofing material, 9 filter material and drain pipe, joint material, water stop, and filter fabric 10 when required 11 5) fabricating, curing, and finishing wall including special coatings when 12 specified. 13 6) equipment, labor, tools, and incidentals. 14 7) Use of formliner per detail included with this specification. Final finish to 15 be coordinated with the City. 16 8) Mowstrip per detail in drawings. 17 9) Pipe Underdrain per detail in drawings. 18 10) All other materials to be furnished and installed as shown in the project 19 drawings. 20 1.3 REFERENCES 21 A. Definitions 22 1. Permanent Wall. Retaining wall with a design service life of 75 years. All walls are 23 presumed to be permanent walls unless otherwise specified in the plans 24 B. Reference standards cited in this specification refer to the current reference standard 25 published at the time of the latest revision date logged at the end of this specification, 26 unless a date is specifically cited. 27 1. ASTM International (ASTM): 28 a. D4491, Standard Test Methods for Water Permeability of Geotextiles by 29 Permittivity 30 b. D4533, Standard Test Method for Trapezoid Tearing Strength of Geotextiles 31 c. D4632, Standard Test Method for Grab Breaking Load and Elongation of 32 Geotextiles 33 d. D4751, Standard Test Method for Determining Apparent Opening Size of a 34 Geotextile 35 2. Texas Department of Transportation (TXDOT), Standard Specifications for 36 Construction and Maintenance of Highways and Bridges: 37 a. 110, Excavation 38 b. 132, Embankment 39 c. 400, Excavation and Backfill for Structures 40 d. 420, Concrete Structures 41 e. 421, Hydraulic Cement Concrete 42 f. 423, Retaining Walls 43 g. 440, Reinforcing Steel 44 h. 445, Galvanizing 45 i. 458, Waterproofing Membranes for Structures 46 j. 556, Pipe Underdrains 47 3. Texas Department of Transportation (TXDOT), Manual of Testing Procedures: 48 a. Tex-616-J, Construction Fabrics CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale Haslet Rd - East City Project No. 01414 32 32 13 - 3 CAST -IN -PLACE CONCRETE RETAINING WALLS Page 3 of 5 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 SUBMITTALS 3 A. See Section 03 30 00. 4 1.6 ACTION SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A. See Section 03 30 00. 9 1.10 DELIVERY, STORAGE, AND HANDLING 10 A. See Section 03 30 00. 11 1.11 SITE CONDITIONS 12 A. Ambient Conditions: See Section 03 30 00. 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 16 2.2 MATERIALS 17 A. Concrete and Reinforcing Steel 18 1. Concrete Retaining Wall with Sidewalk 19 a. Section 03 30 00. 20 2. TxDOT Standard — Spread Footing Walls 21 a. 420, Concrete Structures. 22 b. 421, Hydraulic Cement Concrete. 23 c. 440, Reinforcing Steel. 24 d. 445, Galvanizing. 25 e. 458, Waterproofing Membranes for Structures. 26 B. Backfill 27 1. Concrete Retaining Wall with Sidewalk 28 a. Section 31 23 23. 29 2. TxDOT Standard — Spread Footing Walls 30 a. 132, Embankments. 31 C. Underdrains 32 1. Concrete Retaining Wall with Sidewalk 33 a. Section 33 46 00. 34 2. TxDOT Standard — Spread Footing Walls 35 a. 556, Pipe Underdrains. 36 D. Filter Fabric 37 1. General 38 a. Provide standard weight fabric for retaining walls and soil separation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale Haslet Rd - East City Project No. 01414 32 32 13 - 4 CAST -IN -PLACE CONCRETE RETAINING WALLS Page 4 of 5 1 b. Provide filter fabric rated as UV -resistant when used as part of the exposed 2 facing for a temporary wall. 3 c. The fabric consists exclusively of manmade thermoplastic fibers, is a non- 4 woven geotextile fabric, and forms a mat of uniform quality. 5 d. Fabric fibers are continuous and random throughout the fabric. 6 e. The fabric is mildew resistant and rot -proof, and it is satisfactory for use in a 7 wet soil and aggregate environment. 8 2. Physical Requirements: The fabric must conform to the requirements listed in Table 9 1 when tested in accordance with the test methods specified. 10 11 Table 1 12 ' Filter Fabric Requirements 13 Physical Properties Test Method Value Fabric Weight, on an ambient Tex-616-J 4 oz/yard temperature air-dried, tension free sample Permittivity, 1/sec ASTM D4491 1.0, min Tensile Strength, lbs ASTM D4632 I 100 lbs Apparent Opening Size ASTM D4751 1 70-100 Elongation at yield, percent ASTM D4632 I 20-100 Trapezoidal Tear, lbs ASTM D4533 ( 35 lbs 14 2.3 ACCESSORIES [NOT USED] 15 2.4 SOURCE QUALITY CONTROL [NOT USED] 16 PART 3 - EXECUTION 17 3.1 INSTALLERS [NOT USED] 18 3.2 EXAMINATION [NOT USED] 19 3.3 PREPARATION [NOT USED] 20 3.4 INSTALLATION 21 A. Construct retaining walls in accordance with details shown on the plans, on the 22 approved working drawings, and to the pertinent requirements of the following 23 Sections: 24 1. Concrete Retaining Wall with Sidewalk 25 a. Section 03 30 00. 26 b. Section 31 23 16. 27 c. Section 31 23 23. 28 d. Section 31 24 00. 29 e. Section 33 46 00. 30 2. TxDOT Standard — Spread Footing Walls 31 a. 110, Excavation. 32 b. 132, Embankment. 33 c. 400, Excavation and Backfill for Structures. 34 d. 423, Retaining Walls 35 e. 420, Concrete Structures. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale Haslet Rd - East City Project No. 01414 32 32 13 - 5 CAST -IN -PLACE CONCRETE RETAINING WALLS Page 5 of 5 1 f. 458, Water proofing Membranes for Structures. 2 g. 556, Pipe Underdrains. 3 3.5 REPAIR 4 A. See Section 03 30 00. 5 3.6 RE -INSTALLATION [NOT USED] 6 3.7 FIELD QUALITY CONTROL 7 A. See Section 03 30 00. 8 3.8 SYSTEM STARTUP [NOT USED] 9 3.9 ADJUSTING [NOT USED] 10 3.10 CLEANING [NOT USED] 11 3.11 CLOSEOUT ACTIVITIES [NOT USED] 12 3.12 PROTECTION [NOT USED] 13 3.13 MAINTENANCE [NOT USED] 14 3.14 ATTACHMENTS [NOT USED] 15 END OF SECTION 16 17 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale Haslet Rd - East City Project No. 01414 2H ‘T:Ti /,H❑�� iC._Hn �1 i3LF1 ,.' ! lD.l ALE L ,1} I� )+ "Li.S7H L 11 LULL r-=7L7 [ C� JP\bniSijf__, J�1 II �L7 1 � Y 1 11 ___ ,�i-iti , Ft iL:=4_,I 1 1:TUEC I Lin ID '1 'E T v �� \enn� i n InF �' L 7 i �)J' V I 1 J I �� iL 7l j� IL )L - L ? J �L Ir �� �L �t '_ !n( It (nn( i�L`%%1t iL r7r-iI( -1=r7fl I__Tr ELEVATION FORMLINER DETAILS SCALE: N.T.S. CONCRETE FORMLINER 1 " -� II=MAX SECTION A -A 3/4" MOLD -BONDED PLYWOOD APPENDIX GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Small Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. 401414 GC-4.01 Availability of Lands CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 GEOTECHNICAL ENGINEERING REPORT AVONDALE-HASLET ROAD WIDENING FORT WORTH, TEXAS Prepared For: DUNAWAY ASSOCIATES, L.P. 550 BAILEY AVENUE, SUITE 400 FORT WORTH, TEXAS 76107 ATTN: MR. KERVIN CAMPBELL, P.E. FEBRUARY 2011 PROJECT NO. 10-1467 ENG NEERS February 15, 2011 Mr. Kervin Campbell, P.E. Dunaway Associates, L.P. 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Re: GEOTECHNICAL ENGINEERING REPORT AVONDALE-HASLET ROAD WIDENING FORT WORTH, TEXAS STL. Project No. 10-1467 Dear Mr. Campbell: Submitted herewith are the results of a geotechnical investigation conducted for the referenced project. This investigation was performed in accordance with the scope outlined in our revised proposal No. 09- 1709 dated September 17, 2009 and was authorized by Mr. Stephen R. James, P.E. on January 11, 2010. Engineering analyses and recommendations are contained in the narrative section of the report. Results of our field and laboratory investigation are submitted in detail in the Appendix section of the report. We appreciate the opportunity to be of service to you on this project. Please contact us if you have any questions or need any additional services. Respectfully Submitted, STL Engineers EL.IE A. GHANNOUM r+* ,'• 81400 .:i Elie Albeit Ghannounn, P.E. ,�. A;c1 El'.'�' • Senior Geotechnical Engineer dfp',Itc??a aor Registered Engineering Firm # 8133 Copies Submitted: 3 ott M. Pettit, P.E Vice President Geotechnical Engineering • Environmental Consulting • Construction Materials Testing 1420 West Mockingbird, Suite 550 • Dallas, Texas 75247 0 Tel: 214-630-3800 0 Fax: 214-630-3898 www.stlengineers.com M/WBE • DBE • HUB • HUBZone TABLE OF CONTENTS Paqe INTRODUCTION 1 PURPOSES AND SCOPE OFSTUDY 1 FIELD OPERATIONS AND LABORATORY TESTING 2 GENERAL SITE CONDITIONS 2 ANALYSIS AND RECOMMENDATIONS 4 RECOMMENDATIONS FOR THE PLACEMENT OFCONTROLLED EARTH FILL 10 CONSTRUCTION OBSERVATIONS 10 REPORT CLOSURE 11 APPENDIX Plate VICINITY MAP & BORING LOCATION PLAN A-1 LOG OFBORING A.2-A.7 KEY TOCLASSIFICATIONS AND SYMBOLS A.8 UNIFIED SOIL CLASSIFICATION SYSTEM A.9 SWELL TEST RESULTS A.10 LIME SERIES A.11 APPENDIX B Page FIELD OPERATIONS B4 LABORATORY TESTING B-3 APPENDIX C PAVEMENT DESIGN SOLUBLE SULFATES TEST RESULTS ENGINEERS GEOTECHNICAL ENGINEERING REPORT AVONDALE-HASLET ROAD WIDENING FORT WORTH, TEXAS INTRODUCTION STL understands the proposed project will consist of widening of approximately 2,500 linear feet of Avondale -Haslet Road in Fort Worth, Texas. The general location and orientation of the streets is presented on Plate A.1 in Appendix A of the report. This study was performed in support of the design of Avondale -Haslet Road Widening. Avondale -Haslet Road This report was prepared in accordance with the City of Fort Worth Pavement Design Standards Manual (the manual), and the pavement design was performed using the AASHTO Guide for the Design of Pavement Structures guidelines (current edition). PURPOSES AND SCOPE OF STUDY The principal purposes of this investigation were to evaluate the general subsurface conditions at Avondale -Haslet Road, and to develop geotechnical recommendations for the design and construction of the new pavement. To accomplish its intended purposes, the study was conducted in the following phases: (1) locate and clear utilities at the proposed boring locations; (2) drill sample borings to evaluate the soil conditions at these locations and to obtain soil samples; (3) conduct laboratory tests on selected samples recovered from the borings to establish the pertinent engineering characteristics of the subgrade materials; and (4) perform engineering analyses, using field and laboratory data, to develop pavement design criteria. Project No. 10-1467 Page 1 ENC}I EERS FIELD OPERATIONS AND LABORATORY TESTING Subsurface conditions were evaluated by advancing a total of 6 sample borings, drilled to depths of about 10 feet below existing grades. The borings were drilled on February 24, 2010. Sample depths, descriptions of soils/rock, and classifications (based on the Unified Soil Classification System) are presented on the Log of Boring, Plates A.2 through A.7. Key to classification and symbols used on the Log of Boring are shown on Plates A.8 and A.9. Laboratory tests were performed on selected samples recovered from the borings to verify visual classification and determine the pertinent engineering properties of the soils encountered. Unconsolidated- Undrained (UU) triaxial shear tests were performed on selected clay samples to determine the strength of the subgrade soils to be used in the estimation of the California Bearing Ratio (CBR). Classification and strength test results are presented on the Log of Boring. Swell tests were performed on selected clay samples to evaluate the swell potential of the subgrade soils. The samples were incrementally air dried prior to testing in order to bring their moisture contents to at or below the Plastic Limit, in order to simulate swelling from a dry condition. Many of the soils sampled during this study contained limestone fragments and/or sand which affected the test results. Swell test results are presented on Plate A.10. Descriptions of the procedures used in the field and laboratory phases of this study are presented in Appendix B of this report. GENERAL SITE CONDITIONS Surface Conditions The project site consists of an existing road, which is currently paved with asphaltic concrete (AC). Information on the thickness of this pavement is shown on the Log of Boring. Project No. 10-1467 Page 2 ENGINEERS Geology Generally, the road is located in the following geological formation: Kfd: Fort Worth Limestone and Duck Creek Formation undivided. The Fort Worth Limestone consists mostly of limestone and clay. The limestone is light to medium gray; weathers yellowish brown; with marine megafossils. The formation beds are about 0.2 to 2 feet thick becoming thicker and more massive southward. The clay is calcareous, about 0.1 to 5 feet thick. The clay is brown to light brown. Subsurface Soil Conditions Descriptions of the various strata and their approximate depths and thicknesses are shown on the Log of Boring. A brief summary of the stratigraphy encountered at the borings is given below. Given the location of the road to be widened and repaved, and the Fort Worth and Duck Creek undivided geological formation in the general area of the project, conditions at different boring locations are variable. In general, and below the asphaltic concrete and base material, the borings encountered clay and silty clay, followed by interbeded layers of limestone, and trace sand partings at approximately half of the borings. At the remainder of the borings (Borings B-2, B-5 and B-6), clay and silty clay followed by limestone was encountered to the boring termination depth. The borings were typically advanced to a depth of about 10 feet below existing grades. The Plasticity Index (PI) of the samples tested ranged from 17 to 51, indicating medium to very high soil plasticity. A high Plasticity Index is generally associated with a high potential for swelling with changes in moisture. Due the high variability of the subsurface soils encountered; refer to the attached Log of Boring for a more detailed description of the subsurface soils at specific locations. The Log of Boring is attached in Appendix A of this report. Project No. 10-1467 Page 3 GINEERS ANALYSIS AND RECOMMENDATIONS Pavement Design Recommendations STL understands that Portland cement concrete (PCC) pavement is being considered for the road widening. As described earlier, our pavement design was performed using the AASHTO Guide for the Design of Pavement Structures in accordance with the City of Fort Worth Pavement Design Standard Manual. As a first step in the design process, the swell potential of the subgrade soils was evaluated. Swell ratios were calculated, based upon the free swell test results, and the thicknesses of the potentially active clay soil strata. The calculated swell ratios are tabulated on Plate A.10. One test taken in the road alignment resulted in swell ratio greater than 1.0. Therefore, lime treatment of the subgrade soils will be required in accordance with the requirements of the manual. Unconsolidated-undrained triaxial tests were performed on selected clay samples recovered, and shear strength values from the tests were correlated with CBR and resilient modulus values as presented on Plate B.1 of the manual. The CBR values were estimated to be approximately 0.62 times the undrained shear strength (in psi) of the soils tested. Based on that relationship, and using the average measured soil strength for the group of borings, an estimated CBR value of about 6 was estimated for the natural subgrade. A composite CBR value was estimated using a laboratory determined CBR value of 20 for the lime treated subgrade (adjusted CBR of 14), and a thickness of 6 inch for the treated layer. The CBR with the corresponding Resilient Modulus values are presented in the table below. Project No. 10-1467 Page 4 Avondale - Haslet Road Yes 6 6718 13 11257 Based on information provided by Dunaway Associates, L.P., the City of Fort Worth has classified Avondale -Haslet Road as an Arterial Street. STL has performed traffic analysis for Avondale -Haslet Road using annual Equivalent 18 kip Single Axle Load (ESALS) of 300,000 in one direction. A thirty (30) year design life and a growth rate of 2.5 percent were used in our analysis as required in the manual. In addition, and based on your request, STL performed our analyses using Loss of Support Factors (LS) of 0.0 and 1.0, for pavement section comparisons. A portion of the soils at the site are highly plastic and potentially expansive. For active swelling soils AASHTO recommends the use of a LS value in the range of 1.0 to 3.0. It is our opinion that a LS Factor of 1.0 should be considered by the designer. Our design assumptions and the results of our analyses for both LS factors are tabulated in the following sections. Pavement Design Recommendations A rigid pavement design for Avondale -Haslet Road was performed using 1993 AASHTO design equations and the DARWin Pavement Design and Analysis System. The results are presented in Appendix C of this report. Protect No. 10.1467 Page 5 EN(G NEERS For the PCC pavement design, the following design inputs were used: Pavement Type — Jointed Reinforced Concrete Pavement 18-kip ESALs over Initial Performance Period (30 years) —13,170,810 (2.5 % Growth) Initial Serviceability — 4.5 Terminal Serviceability — 2.5 28-day Mean PCC Modulus of Rupture — 620 psi 28-day mean elastic modulus of Slab — 4,000,000 psi Reliability Level — 85% Loss of Support 0.0 and 1.0 Overall Standard Deviation — 0.39 Load Transfer Coefficient, J — 3.0 Overall Drainage Coefficient, Cd —1.0 (see note below) Mean Effective k-value — estimated by the program based upon the input Resilient Modulus Note: For PCC pavements constructed directly on clay subgrade or stabilized clay subgrade, the quality of drainage was assumed to be "very poor", resulting in the overall drainage coefficient of about 1.0 shown above. Our recommended pavement sections using LS values of 0.0 and 1.0 are presented in the following table: Avondale -Haslet Road Avondale -Haslet Road 6" Lime Stabilized 8% lime (36 Ib./s.y.) 6" Lime Stabilized 8% lime (36 lb./s.y.) 0.0 1.0 9.55 10.28 For PCC pavement, concrete with a minimum 28 day compressive strength of 3,500 pounds per square inch should be used. The coarse aggregate in the concrete should consist of crushed limestone rather than rounded gravel. STL recommends lime stabilization of the subgrade on the indicated street using a minimum of 8 percent lime, as shown, (by dry soil weight) to a depth of 6 inches (36 pounds per square yard). Lime stabilization should be performed in accordance with Item STS 024 of the City of Fort Worth Pavement Specification. Project No. 10-1467 Page 6 The lime series test results are presented on Plate A.10 in Appendix A of the report. Pavement Subgrade Preparation All topsoil, vegetation, and any unsuitable materials should be removed. The pavement subgrade should be proof rolled with a fully loaded tandem axle dump truck or similar pneumatic -tire equipment to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to placement of engineered fill. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, or moisture conditioned (dried or wetted, as needed) and compacted in place. Depending on the final grade of pavement, limestone may be encountered near pavement subgrade elevation at some locations. Where bedrock is present at cut subgrade, the limestone should be undercut to a minimum depth of 8 inches and replaced with lime stabilized soil or crushed limestone flexible base, which conforms to Type A, Grade 1, Item No. 247, of State Department of Highways and Public Transportation (SDHPT), 2004 Standard Specifications for Construction of Hiahways. Streets. and bridges. The base should be compacted to 98 percent of the maximum dry density determined using SDHPT Test Method Tex-113-E. In addition allowance should be made at the interface between the rock and the subgrade soils to control differential settlement and pavement cracking between the two different materials. Grading and compaction of pavement subgrade should follow the recommendations in section "Recommendations for the Placement of Controlled Earth Fill", below. The final grades must be such that drainage is facilitated, and access of surface water to the subgrade materials is prevented. Jointed Reinforced Concrete Construction Recommendations The pavement should be adequately reinforced, with expansion, contraction, dummy saw and construction joints as required in Section 4 of the City of Fort Worth Manual. The spacing of the joints will depend primarily on the type of steel reinforcement used. However, STL recommends No. 3 steel rebar spaced at 12 inches center -to -center in both the longitudinal and transverse directions. It is our experience that dummy saw joints of 12-to 15-foot spacing and saw cut to a depth of at least one -quarter of the pavement thickness, in both the longitudinal and transverse directions have generally exhibited Project No. 10-1467 Page 7 less uncontrolled post -construction cracking than pavements with wider spacing. Frequent use of expansion and contraction joints will improve pavement performance. For PCC pavement, concrete with a minimum 28 day compressive strength of 3,500 pounds per square inch should be used. The coarse aggregate in the concrete should consist of crushed limestone rather than rounded gravel. Soluble Sulfates in Pavement Subgrade From our experience, relatively high concentrations of soluble sulfates can be encountered randomly throughout the Dallas -Fort Worth Metroplex. Soluble sulfates can react with lime or cement, water, and clay minerals to create a new mineral called ettringite. Ettringite expands in volume upon formation, which can create heaving in the chemically -treated portion of the pavement subgrade. This sulfate - induced heave of the chemically -treated subgrade can manifest itself as slightly elevated and elongated mounds (commonly called "gopher trails") or blocks of clay subgrade thrust up and over adjacent subgrade. If present, soluble sulfates can occur in relatively small and randomly spaced locations. Analytical testing was performed to aid in risk assessment of sulfate -induced heave occurring. Analytical test results showing soluble sulfate concentrations greater than about 2,000 to 3,000 ppm are indicative of elevated risk of heave occurring. The sulfate tests performed from samples recovered from this site ranged from Tess than 100 ppm to 515 ppm levels of soluble sulfates. Since the sulfate test results indicated soluble sulfate concentrations less than 1,000 ppm, the risk of sulfate -induced heave at the site is considered low. A copy of the analytical test results is included in Appendix C of this report. General As previously discussed, limestone seams and layers were encountered near the existing pavement grade at some boring locations, and we expect limestone to be encountered at pavement level grade at some locations during site grading, utility installation and other general excavations. The limestone can be hard to difficult to excavate and the contractor selected should have experience with excavation in hard limestone. All excavations should be shored, sloped and shielded in accordance with OSHA requirements. Project No. 10-1467 Page 8 ENGINEERS Groundwater seepage can occur at the ground surface where limestone is at or near the surface. Subsurface drains should be provided in areas where seasonal seepage may be objectionable. The drains should consist of 6 inch diameter slotted drain pipe embedded in a free -draining gravel medium. The gravel should be surrounded by a geo-textile filter fabric to prevent the intrusion of fines, and the drains should be sloped down to drain to storm sewers or nearby drainage features. Subsurface drainage system should comply with specifications outlined in Section STS-021 of the Fort Worth Pavement Design Manual. Every attempt should be made to limit the extreme wetting or drying of the subsurface soils because some swelling and shrinkage of these soils will result. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from the pavement edges should be provided. Also, ditches or swales should be provided to carry the run-off water both during and after construction. Water can infiltrate beneath the pavement through granular materials used for aggregate bases and • utility line embedment, and can cause differential movement in the pavement. All utilities should have clay plugs at the edges of the pavement to reduce the risk of moisture access. Root systems from trees and shrubs can draw a substantial amount of water from the clay soils at this site, causing the clays to dry and shrink. This could cause settlement beneath grade -supported paving. Newly planted trees and large bushes should be located a distance equal to at least one-half their anticipated mature height away from the pavement edges. Project No. 10.1467 Page 9 RECOMMENDATIONS FOR THE PLACEMENT OF CONTROLLED EARTH FILL Fill and Backfill Materials General site fill in the construction area should consist of on -site material approved by the Soils Engineer. Imported fill should comply with specifications requirements descried in Appendix C of the Fort Worth Pavement Design Standard Manual, and should be approved by the Soils Engineer. The fill material should be placed in level, uniform layers, which, when compacted, should have moisture content and density conforming to the stipulations called for herein. Each layer should be thoroughly mixed during spreading to provide uniformity of the layer. The fill thickness should not exceed 8-inch loose lifts. All areas to be filled should be disked or bladed until uniform and free from large clods, brought to moisture content between optimum and 4 percentage points above the optimum moisture value, and compacted to between 95 and 100 percent of optimum density as determined by Tex-114-E. Density Tests Field Density tests should be made by the Soils Engineer or his representative. Density tests should be taken in each layer of the compacted material below the disturbed surface. If the materials fail to meet the density specified, the course should be reworked as necessary to obtain the specified compaction. CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, during construction quite often anomalies in the subsurface conditions are revealed. Therefore, it is recommended that a qualified firm be retained to observe earthwork and pavement construction and perform materials evaluation and testing during the construction phase of the project. This enables the Project No. 10-1467 Page 10 geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. REPORT CLOSURE The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of the field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the sites; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural Toads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. This report has been prepared for the exclusive use of Dunaway Associates, L.P. and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No warranty, expressed or implied, is made or intended. Project No. 10-1467 Page 11 ENGINEERS APPEN IX A B-6 B-4 AVONDALE-HASLET ROAD APPROX. BORING LOCATION AVONDALE-HASLET ROAD N j AVONDALE APPROX. BORING ILOCATOON 0 TEXAN DR. 0 SITE J '0 GREENWAAYY CROSSING DRIVE F R AY BEND d N z 0_ J -J AVONDALE-HASLET ROAD tZ d APPROX. BORING LOCATIONS 0 z Wz dw < 0 J J VICINITY MAP SaaLE:Nrs PLATE Al. BORING LOCATION PLAN AVONDALE•HASLET ROAD TARRANT CO. TEXAS CHARLOTTE ANN LA 200 100 200 SCALE: 1'=20V PROJECT NO: 10-1467 FILE NAME: AVONDALE-HASLET.DWG DRAWN BY: HR DATE: 04-05-10 REVISED BY: RO DATE: REVISED BY: DATE: , APPROVED BY: EG DATE: STL RnCK 10-1467.GPJ RONE.GDT 4/10/10 Project No. Boring ; o.� Project Widening -Fort gAvondale-Haslet Road Vdidenin -Y{ort Worth, Texas 10-1467 p. Driller Ground Elevation Location See Plate A.1 Completion Completion Water Observations Depth 10.0' Date 2_24_10 Groundwater was not encountered during or upon completion of Type drilling. Auger 0 n 0) Stratum Description ASPHALT, 3 inches BASE, 8 inches CLAY, stiff to very stiff, brown to light brown, with limestone fragments and iron stains (CH) -numerous limestone fragments below 7' BOTTOM OF BORING LOG OF BORING NO. E O c• too —5 10 ENGINEERS •a t- a o I,"a U N cn I- 0 v . o .O ,o N WCo G• �4-4a o a 171 yCoU° U mC pb .. U • O Nro� 7='Y NN 'ywo �.°'5 O5Mmi° w a oo m crE co co .0 5.'ii re Y Ea CO au :.1� a:� n.5 no oxc ot- ai c 9 1.5 62 23 39 32 88 1,5 2162 33 88 2.5 1805 69 23 46 32 2.5 33 3.0 78 27 51 48 3.0 34 17 63 15 Plate A,2 Project No. 104467 Driller Completion Depth Type 0 A I' I' 10.0' Boring No. 132 Ground Elevation Completion Date 2-24-10 Auger Project Location Avondale -haslet Road Widening -Fort Worth, Texas See Plate A.1 Water Observations Groundwater was not encountered during or upon completion of drilling. Stratum Description ASPHALT, 4 inches BASE, 8 inches CLAY, hard, brown to light brown, with limestone fragments and layers (CH) LIMESTONE, weathered, moderately hard to hard, light brown BOTTOM OF BORING 0 O ui Z 0 tC : CON. 0 0 Vt LOG OF BORING NO. a m 3 —5 10 tN tU E U w 44 50/3" 00/0.25' J J roE fa a ENGINEERS .m. Cri e t3 th O to c m a u c ic�Titt tnCD .0 C M°' 13 C5 011 rov oo �d tam cc; n.E �V ❑� xtY 20 4.5+ 85 52 19 33 25 4.5+ 24 101 4.5+ 5993 18 18 12 16 12 4.5 4.5 4.5 Plate A.3 Project No. 10-1467 Driller Completion Depth 10.09 Type a 0 u3 z 0 0 co 0 Boring No. rn a3 Ground Elevation Completion Date 2-24-10 Auger Project Avondale -Haslet Road Widening -Fort Worth, Texas Location See Plate A.1 Water Observations Groundwater was not encountered during or upon completion of drilling. Stratum Description ASPHALT, 5 inches BASE, 7 inches CLAY, hard, brown to light brown, with limestone fragments (CH) -trace of sand seams at 3' -very stiff below 4' -trace of sand seams at 8' -with calcareous deposits below 8' BOTTOM OF BORING 0 0 O LOG OF BORING NO. B-3 0 0 —5 10 O. E as 0 u (5'a a5 oV ENGINEERS 16 4.5+ 9 4.5+ 44 49 19 30 15 4.5+ 30 91 2.5 2835 70 25 45 27 28 31 43 18 25 15 3.5 3.0 3.0 4.0 18 4.5+ Plate A.4 ri Project No. Boring No. Project Avondale -Haslet Road Widening -Fort Worth, Texas 10-1467 B4 ENGINEERS Driller Ground Elevation Location Completion Depth 10.0' Type STL ROCK 10-1467.GPJ RONEGDT 4/10/10 Completion Date 2_24_10 Auger See Plate A.1 Water Observations Groundwater was not encountered during or upon completion of drilling. Stratum Description ASPHALT, 4 inches BASE, 8 inches CLAY, very stiff to hard, brown to light brown, with limestone fragments (CH) -numerous limestone seams below 7' BOTTOM OF BORING LOG OF BORING NO. —5 10 o -a O. to 1- H al Z o 13 0. c 'B 'g n as lie D), ' �• E.. 4 d di u) c .- O o NN C 'ate.. u V 'c c.c O.E c.A.al U Li 'S ar .N > .' = N N d N.� `',IT V O O M W a 00 m�' trE laE ma oo Zm ma1°i ac1:: ce ee mm tbcn �:::1 F.::i ac.) r xw =�1- 19 20 95 54 22 32 27 92 3.5 4278 32 88 3.0 2922 72 26 46 32 3.0 33 4.5+ 42 19 23 14 4.5+ 39 9 Plate Ae5 Project No. Boring No. Project Avondale -haslet Road Widening -Fort Worth, Texas 10-1467 l:>o5 Driller Ground Elevation Location Completion Completion Depth 10.0' Date 2-24-10 Type cq Auger See Plate A.1 Water Observations Groundwater was not encountered during or upon completion of drilling. Stratum D scr pt on ASPHALT, 4 inches BASE, 6 inches CLAY, very stiff, brown to Light brown, with limestone fragments (CH) -trace of sand seams below l' LIMESTONE, weathered, moderately hard to hard, light \ brown BOTTOM OF BORING 0 0 0 —5 r-10 ENGINEERS a° N of a 0 3 S c ,° o ° ° j c� a c o.� m �, a; _ w x N a rn v 'v o w CI oo ro� vE c`"aE roa 'oo @'d ma10i cc cr t mm o.ci :j:j as aE ace o xct: aat-- 44 19 25 24 4.0 61 22 39 31 90 2.5 4103 65 25 40 32 87 3.0 2474 32 86 3.0 1807 26 95 3.0 1989 27 3.5 50/3" 20 67/8" 100/0.5'' 8 O LOG OF BORING NO. 13-5 Plate A06 Project No. Boring No. Project Avondale -Haslet Road Widening -Fort Worth, Texas 10-1467 •,_6 Driller Ground Elevation Location See Plate A.1 Completion Completion Water Observations Depth 10 0t Date 2_2440 Groundwater was not encountered during or upon completion of Type drilling. Auger 0 .0 E rn Stratum Description ASPHALT, 4 inches BASE, 8 inches CLAY, very stiff, brown to light brown, with limestone fragments (CH) CLAY, silty, very stiff, light brown, with limestone fragments (CL) o to 5 LIMESTONE, weathered, moderately hard, light brown 10 BOTTOM OF BORING 0 0 0 0 w z 0 a t9 0 0 U ENGINEERS a I 0 '0 o ;; N In Fs O e v w a,1, U) 0. c c 6.2 C t o c ..'. L C w a • C n G R w CY oo �d :DE 0E my '00 ,*(Ti rrow ccm r4 cz WW au) :J:J as aS MO 0 TR: 'F- 24 4.0 84 46 19 27 25 96 4.0 3365 91 66 24 42 29 91 3.0 2442 30 3.0 19 34 17 17 20 79/11" 15 50/6" 37 19 18 12 cq LOG OF BORING NO. Plate A,7 SOIL OR ROCK TYPES GRAVEL 0 °00GSAND p 0 0©© 0 SILT HIGHLY PLASTIC CLAY TERMS DESCRIBING Fine Grained Soils (More Descriptive Item Soft Firm Stiff Very Stiff Hard 0 0 2 LEAN CLAY I LIMESTONE SANDY - SHALE o SILTY a " SANDSTONE CLAYEY CONGLOMERATE Shelby Tube Auger Split Spoon CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL than 50% Passing No. 200 Sieve) Penetrometer Reading, (tsf) 0.0 to 0.5 0.5 to 1.0 1.0 to 2.0 2.0 to 4.0 4.0+ Coarse Grained Soils (More Penetration Resistance (blows/foot) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Soil Structure Calcareous Slickensided Laminated Fissured Interbedded than 50% Retained on No. 200 Sieve) Descriptive Item Relative Density Very Loose Loose Medium Dense Dense Very Dense 0 to 20% 20 to 40% 40 to 70% 70 to 90% 90 to 100% Rock Cone Core Pen No Recovery Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Poorly Cemented or Friable Cemented Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Easily crumbled Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.8 .t7) a) .N 0 0 z N a•. ro 1 -0 ro rn la)c C0 Eth e (0 ro O E U a) 4- 0 m c r0 0 E Major Divisions Grp. Sym. co co a) m E N 0 (n aw U O -O N c— (0 rn E :10 0 J ro U a c ro CA 0 u� ca at is E 0 0• Typical Names Well -graded gravels, gravel- ra GW sand mixtures, little or no fines N D d Poorly graded gravels, gravel 76 GP sand mixtures, little or no fines 8 GM Silty gravels, gravel -sand -silt mixtures GC Clayey gravels, gravel -sand - clay mixtures ccn z Eo SW Well -graded sands, gravelly 13 sands, little or no fines @ N to p Poorly graded sands; (a SP gravelly sands, little or no c fines as O 0 Q- N (p Q) U7 c- C @ (0 ro SM Silty sands, sand silt mixtures: c abi N ° o J O n. a 05 c 7 o SC 4 av, a)a)(o OOP ML CL OL Clayey sands, sand -clay mixtures Inorganic silts, micaceous or MH diatomaceous fine sandy or silty soils, elastic silts CH Inorganic clays of high plasticity, fat clays OH Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organic soils Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays 6;, 5(: Organic silts and organic silty 4c clays of low plasticity pan .) N so. 2e. 1r, c C m Q. U U) 0- N 0 v7 Laboratory Classification Criteria Cu greater greater than 4: C�------°— --- between 1 and 3 D1° D1° x Ds° Not meeting all gradation requirements for GW Liquid and Plastic limits below "A" line or P.I. greater than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols Deo (D„)2 C"= ---- greater than 6: Cc= ---------- between 1 and 3 D10 Diu x De° Not meeting all gradation requirements for SW Liquid and Plastic limits below "A" line or P.I. less than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 CL 7 ti -Mtn;•:; :,`� ML a id OL 4 I v 0 0 10 20 30 40 50 Liquid and plastic limits plotting between 4 and 7 are borderline cases requiring use of dual symbols 60 70 80 90 Liquid Limit Plasticity Chart 100 UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.9 SWELL TEST RESULTS GEOTECHNICAL ENGINEERING REPORT AVONDALE=HASLET ROAD WIDENING FORT WORTH, TEXAS STL PROJECT No. 10-1467 Boring Sample Depth Liquid Plastic Plasticity Initial Final Load Swell Swell (ft) Limit Limit Index MC (%) MC (%) (pst) (%) Ratio B-2 S-2 2-3 52 19 33 24.8 28.7 312 0.9 0.8 B-3 S-3 3-4 49 19 30 14.7 37.2 437 0.9 1.1 B-4 S-3 3-4 54 22 32 26.8 27.0 437 0.1 0.1 B-5 S-2 2-3 61 22 39 30.6 31.6 312 0.7 0.6 B-6 8-2 2-3 46 19 27 24.6 30.4 312 0.6 0.4 B-6 8-3 3-4 66 24 42 28.9 30.7 437 0.5 0.3 Plate A.10 LIME SERIES TEST RESULTS GEOTECHNICAL ENGINEERING REPORT AVONDALE-HASLET ROAD WIDENING FORT WORTH, TEXAS STL PROJECT No. 10-1467 Boring No. Depth Description (ft) B5 2-3 Clay, brown to Tight brown (CH) Percent Liquid Plastic Plasticity Lime (%) Limit (LL) Limit (PL) Index (PI) 0 61 22 39 3 65 41 24 6 65 47 18 9 66 56 10 Plate A.11 ENGINEERS FIELD OPERATIONS Subsurface conditions were defined by advancing six (6) sample borings drilled within existing paved areas to be reconstructed. The borings were advanced between sample intervals using continuous flight auger drilling procedures. The results of each boring are shown graphically on the Log of Boring, Plates A.2 through A.7. Sample depths, descriptions, and soil classifications based on the Unified Soil Classification System are shown on the Log of Boring. Key to the symbols and terms used on the Log of Boring are presented on Plates A.8 and A.9. Groundwater observations during and after completion of the borings are shown on the Log of Boring. Upon completion of the borings, the boreholes were backfilled in general accordance with the City of Fort Worth requirements. Relatively undisturbed samples of cohesive soils were obtained with Shelby tube samplers in general accordance with ASTM D-1587 at the locations shown on the Log of Boring. The Shelby tube sampler consists of a thin -walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to maintain "in situ" moisture content. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Some samples were obtained using split -barrel sampling procedures in general accordance with ASTM D-1586. In the split -barrel procedure, a disturbed sample is obtained in a standard 2 inch OD split barrel sampling spoon driven into 18 inches into the ground using a 170-pound hammer falling freely 30 inches. The number of blows for the last 12 inches of a standard 18-inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the boring logs at the depth of sampling. The samples were sealed and returned to our laboratory for further examination and testing. B-1 ENGINE', TRS The limestone encountered was evaluated using the Texas Cone Penetration test at selected locations. Texas Department of Transportation (TxDOT) Test Method Tex-132-E specifies driving a 3- inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respected test depths, as blows per 6 inches on the log. In hard materials (rock and rock -like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the Log of Boring. B-2 LABORATORY TESTING General Laboratory tests were performed to define pertinent engineering characteristics of the soils encountered. The laboratory tests included moisture content, percent passing a #200 sieve; Atterberg limits determination, unconsolidated-undrained (UU) triaxial compression tests, lime series, soluble sulfate content, and visual classification. Classification Tests Classifications of soils were verified by natural moisture content; Atterberg limits determinations, and percent passing a #200 sieve. These tests were performed in general accordance with the American Society for Testing and Materials (ASTM) Procedures. The Atterberg limits, percent passing #200 sieve, and natural moisture content determinations are presented at the respective sample depths on the Log of Boring. Unconsolidated-Undrained (UU) Triaxial Tests - Soil UU tests were performed on selected samples of cohesive soils. In the UU test, a cylindrical specimen is subjected to axial load and confining fluid pressure at a constant rate of strain until failure occurs. The applied confining pressure was equivalent to approximately the existing overburden pressure on the samples. Test procedures were in general accordance with ASTM D 2850. Strengths determined by this test are tabulated at their respective sample depths on the logs of borings. Results of natural moisture content and dry unit weight determinations are also tabulated at the respective sample depths on the Log of Boring. Free Swell Tests Selected samples of the near -surface cohesive soils were subjected to free swell tests. In the free swell test, a sample is placed in a consolidometer and subjected to the estimated overburden pressure. The sample is then inundated with water and allowed to swell. Moisture contents are determined both before and after completion of the test. Test results are recorded as the percent swell, with initial and final moisture content. The results are shown on Plate A.10. B-3 1 ,.,„ , _41 ENGINEERS Lime Series Tests A lime series on selected samples of the near -surface cohesive soils were performed. The lime was added to the soil samples at 3%, 6% and 9% by dry weight. Test results of the lime series on selected samples are shown on Plate A.11. B-4 APPENDIX C PAVEMENT DESIGN SOLUBLE SULFATES TEST RESULTS 1993 AASHTO Pavement Design ARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Rigid Structural Design Module Avondale -Haslet Road Widening, Fort Worth, Texas Loss of Support=0 with August 2010 supplement Recommendations Rigid Structurall Design Pavement Type JRCP 18-kip ESALs Over Initial Performance Period 13,170,810 Initial Serviceability 4.5 Terminal Serviceability 2.5 28-day Mean PCC Modulus of Rupture 620 psi 28-day Mean Elastic Modulus of Slab 4,000,000 psi Mean Effective k-value 460 psi/in Reliability Level 85 % Overall Standard Deviation 0.39 Load Transfer Coefficient, J 3 Overall Drainage Coefficient, Cd 1 Calculated Design Thickness 9.55 in Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Rigid Structural Design Module Avondale -Haslet Road Widening, Fort Worth, Texas Loss of Support=1 with August 2010 supplement Recommendations Rigid Structural Design Pavement Type JRCP 18-kip ESALs Over Initial Performance Period 13,170,810 Initial Serviceability 4.5 Terminal Serviceability 2.5 28-day Mean PCC Modulus of Rupture 620 psi 28-day Mean Elastic Modulus of Slab 4,000,000 psi Mean Effective k-value 130 psi/in Reliability Level 85 vo Overall Standard Deviation 0.39 Load Transfer Coefficient, 3 Overall Drainage Coefficient, Cd 1 Calculated Design Thickness 10.28 in Page 1 ...e=7 • —4 • .C=3 Ana -Lab Corp. P.O. Box 9000 Kilgore, TX 75663 K:^r.r.:nrrx-,,, • • • Phone 903/984-0551 FAX 903/984-5914 e-Mail corp@ana-lab.coni LELAP-accredited #02008 Employee Owned linearity Caring Continual Improvement THE COMPLETE SERVICE LAB V8L>' Ellie Ghannoum STL Engineers 8908 Ambassador Row Dallas, TX 75247 Report Name Analytica Report Table of Contents esu s Account STL3 Printed 03/26/2010 Page 1 of 1 Project 479195 This report consists of this Table of Contents and the following pages: Descrintion Pages 4791952.03_03.yrojectResults 479195_r10_05_PROJQCG 479195 r99 09 CoC STL3 1 of 1 Ana -Lab Project P:479195 C:STL3 Project Results Ana -Lab Project P:479195 C:STL3 Project Quality Control Groups Ana -Lab CoC STL3 4791951of 1 Corporate Shipping: 2600 Dudley Rd. Kilgore, TX 75662 Total Pages: 3 1 2 6 MEMBER TESTING #0637-01 LDSCIient v1.0.1.577 NELAP-accredited #T104704201 2009 Seal of Excellence ------------ Fnrm mtTOC Created 10/0h/2004 vl 1 Ana -Lab Corp. P.O. Box 9000 Kilgore, TX 75663 b •• S spotZCZY Ellie Ghannoum STL Engineers 8908 Ambassador Row Dallas, TX 75247 Phone 903/984-0551 FAX 903/984-5914 e-117ail corp@ana-lab.com Employee Owned Integrity Caring Continual Improvement esu is Results -credited Parameter Results Units Printed: 03/26/2010 Page 1 of 3 Account Project STL3-N 479195 RL Flags 181958 13-1 S-1 1-2 Solid Tex-145-E Sulfate by Turbidity 181959 B-2 S-1 1-2 Solid Tex-145-E Sulfate by Turbidity CAS Bottle Received: 03/23/2010 Collected by: Client Affiliation: STL Engineers Analyzed: RED 03/23/2010 1445 QCgroup 363175 <100 mg/kg 100 01 Received: 03/23/2010 Collected by: Client Affiliation- STL Engineers Analyzed: RED 03/23/2010 1445 QCgroup 363175 299 mg/kg 100 01 :81960 B-3 S-1 1-2 Received: 03/23/2010 Solid Collected by: Client Affiliation: STL Engineers Tex-145-E Sulfate by Turbidity .81961 B-4 S-1 1-2 Solid Tex-145-E Sulfate by Turbidity 181962 B-5 S-1 1-2 Solid Tex-145-E Sulfate by Turbidity 181963 B-6 S-1 1-2 Solid Analyzed: RED 03/23/2010 1445 QCgroup 363175 <100 mg/kg 100 01 Received: 03/23/2010 Collected by: Client Affiliation: STL Engineers <100 Analyzed: RED 03/23/2010 1445 QCgroup 363175 mg/kg 100 Tex-195-E Sulfate by Turbidity Collected by: Client Affiliation' STL Engineers 01 Received: 03/23/2010 Analyzed: RED 03/23/2010 1445 QCgroup 363175 <100 mg/kg 100 01 Corporate Shipping: 2600 Dudley Rd. Kilgore, TX 75662 !ADD(•1TED "STING #0637-01 rSClientv1.0.1.577 Received: 03/23/2010 Collected by: Client Affiliation: STL Engineers Analyzed: RED 03/23/2010 1445 QCgroup 363175 515 mg/kg 100 01 North Texas Region: 11105 Shady Trl Ste. 102 Dallas TX 75229-7633 Accoyp MEMBER NELAP-accredited #T104704201 2009 Seal of Excellence www ana_lah ram FormrptPROJRESCreated 10/13/2004 v1.2 Alga -Lab Corp. P.O. Box 9000 Kilgore, TX 75663 Phone 903/984-0551 FAX 903/984-5914 e-Mail corp(a?.ana-Inb.cotn Employee Owned Integrity Caring Continual Improvement o - t FTg SERVICE LAB Ellie Ghannoum STL Engineers 8908 Ambassador Row Dallas, TX 75247 181958 B-1 S-1 1-2 esul • Bottle Temperature on Receipt 181959 B-2 S-1 1-2 Sample Preparation Printed.: 03/26/2010 Page 2 of 3 Account STL3-NT Project 479195 Received: 03/23/2010 Analyzed: KAT 03/23/2010 16 degrees 01 Received: 03/23/2010 Analyzed: KAT 03/23/2010 Bottle Temperature on Receipt 16 degrees 01 181960 B-3 S-1 1-2 Bottle Temperature on Receipt 16 181961 B-4 S-1 1-2 Bottle Temperature on Receipt Received: 03/23/2010 Analyzed:: KAT 03/23/2010 degrees 01 Analyzed: KAT 03/23/2010 16 degrees 181962 B-5 S-1 1-2 Bottle Temperature on Receipt 181963 B-6 S-1 1-2 ems: Bottle Temperature on Receipt Corporate Shipping: 2600 Dudley Rd. Kilgore, TX 75662 ACCH TESTING #0637-01 LDSClient v1.0.1.577 Received: 03/23/2010 01 Analyzed: KAT 03/23/2010 16 degrees Analyzed: KAT 03/23/2010 16 degrees v>rnTsrszd wow ACC09 •. NELAP-accredited #T104704201 Received: 03/23/2010 01 Received: 03/23/2010 01 North Texas Region:11105 Shady Trl Ste. 102 Dallas TX 75229-7633 MEMBER 2009 Seal of Excellence wwtis'.ana-Iah.cnm Form rptPROJRESCreated 10/13/2004 v1.2 Ana -Lab Corp. P.O. Box 9000 Kilgore, TX 75663 Phone 903/984-0551 FAX 903/984-5914 e-Mail corpnaua-Iab.com Employee Owned Integrity Caring Continual Improvement is SERVICE LAB e Ellie Ghannoum STL Engineers 8908 Ambassador Row Dallas, TX 75247 Qualifiers: Printed: 03/26/2010 Page 3 of 3 Account Project STL3-N 479195 We report results on an 'As Received' or wet basis unless marked 'Dry Weight'. Unless otherwise noted, testing was performed at Ana -lab's )rporate laboratory that holds the following Federal and State certificates: Texas Department of Health Lead Firm Certificate 2110076, PA National Lead Laboratory Accreditation Program #637.01, US Department of Agriculture Soil Import Permit S-37592, Texas Conunisson on Environmental Quality Drinking Water Laboratory Certificate TX219, Texas Commission on Environmental Quality *TELAP T104704201, Oklahoma Department of Environmental Quality Drinking Water Certification Lab ID# D9913, EPA Lab Number X00063, USEPA Approved Perchlorate Testing Lab, Oklahoma Depai talent of Environmental Quality Laboratory Certificate 8125, i-,rkansas Department of Environmental Quality Certification #03-070-0, Louisiana Department of Environmental Quality Laboratory Certification (NELAP, LELAP) #02008, Louisiana Department of Health and Hospitals Drinking Water (NELAP) # LA030020, US epartment of Energy Approved, State of Kansas Department of Health and Environment Waste Water and Solid/Hazardous Waste Cert. •10365, Alabama Department of Environmental Management Drinking Water.#41540. Ana -Lab is also accredited to the international IS0-17025 standard by the American Association for Laboratory Accreditation (A2LA Certificate # 0637-01). The Accredited column ' signates accreditation by U - UCMR2 (EPA), A -- A2LA, N -- NELAC, or z -- not covered under A2LA or NELAC scope of ;creditation. These analytical results relate to the sample tested. This report may NOT be reproduced EXCEPT in FULL without written approval of na-Lab Corp. Unless otherwise specified, these test results meet the requirements of NELAC. L is the Reporting Limit (sample specific quantitation limit) and is at or above the Method Detection Limit (MDL). CAS is Chemical Abstract Service number. C. H. Whiteside, Ph.D., President Corporate Shipping: 2600 Dudley Rd. Kilgore, 'IX 75662 !ACC •1TE•1 'TESTING #0637-01 North Texas Region: 11105 Shady 1'rl Ste. 102 Dallas TX 75229-7633 Is ACCOA MEMBER DSClient v1.0.1.577 NELAP-accredited #T104704201 www.nna-Inh.cnin 2009 Seal of Excellence Form rptPROJRES Created 10/13/2004 v1.2 Ana -Lab Corp. P.O. Box 9000 Kilgore, TX 75663 • -, .....--,.. 6.7 • - SI ,<=, ,=, N I---,-, (OE --,. TH.E,CPMF-g,T.E SERVICE LAB 1117 Ellie Ghannoum STL Engineers 8908 Ambassador Row Dallas, TX 75247 Phone 903/984-0551 FAX 903/984-5914 e-Mail corp@ana-lub.com LELAP-acereditecl #02008 Employee Ownecl Integrity Caring Continual Improvement uali y Control 63175 W Solid Tex-145-E Blank Printed 03/26/2010 ro ec Page 1 of 1 rrameter PrepSet Reading MDL MQL Units Out File tlfate by Turbidity 363175 ND 100 100 mg/kg 0011784367 Duplicate 7rameter Sample Type Result Unknown Unit RPD Out Limit% ilfate by Turbidity 181517 Duplicate ND ND mWkg 20.0 Standard zrameter Sample Reading Known Units Recover% Limits% Out File tlfate by Turbidity 363175 20,8 20.0 mg/kg 104 90.0 110 0011784368 RPD is Relative Percent Difference: abs(rl-r2) / mean(r1,r2) * 100% Recover% is Recovery Percent: result /known * 100% Corporate Shipping: 2600 Dudley Rd, Kilgore, TX 75662 North Texas Region: 11105 Shady Trl Ste. 102 Dallas TX 75229-7633 Aeco44., MEMBER ACI TESTING #0637-01 LDSCliemv.1.0.1.577 NELAP-accredited #T104704201 2009 Seal of Excellence www tic1-1 h en in Form rotPROJOCGrot Created 01/27/2005 y I .0 2600 Dudley Rd PO Box 9000 Kilgore, TX 75662 903.984.0551 (fx) 903.984.5914 e-mail: corpl ana-lab.com Field Identification 's\ 5-1 t-- )a� \AAw Y Samples Received on Ice? Cooler/Sample Secure'? Requested TAT 0 Ana -Lab personnel collect sa sa g WRY.-;` r THE COMPLETE SERVICELABiiir Report to: r-- 1; rs G A dtot,'. Co an - name: Address: rr�� 0 e . ,�ti a Ss t it �C.o..k3 City ate Zip City State Zip e ``e.._C. T 1L `7 S-2 y®i }tone Fax Phone Fax L Zl , + ; 00 0-2eifi l Trc,&r,ty!‘IttlAncars l — e 1,1043A di C5- t• a o PO Num Sampler Signature ted e A lat o er # of Date Time Matrix Containers Notes Lab Number Do Not Use 9.51 �.D.... 3 5-\ 1-Z_ 9.6.% ':.q63..' -Co s-t t-Z Date Time Relinquished by: Project- nameflocatlon Billing Address (if different) Panhandle Oklahoma North -TX Central- TX 806,355.3556 405.292.6630 817.261.6404 512.821.0045 Rio Grand Valley Louisiana Gulf Coast Alabama 956.831.6437 318.219.9300 281.333,9414 256.651.7264 3‘)1gh+e %x t4s1' Ar tSaoE0.30%. LbrK. f3,reio t / 7,t'awrn_ , f.� �i ely Cycy CAttli It, ') 64. aar aw n Si lair toy/ Analysis Requested Received by: f :Wastewater ❑Drinking Water ❑SW846 Sa[nples contain 0 HF 0 CN ❑S= 0 other## _ Printed Name Signature Affiliation Pri t d ame Signature Affiliation ckr Bailey Hilburn Ana -Lab i�/,i,� ,� �. AA/• — Yes 0 No Method of Shipment ❑Bus ❑ ;eF - �tary❑ UPS 0 Hand delivered 0 Airborne ❑other co�mn Yes ❑ No Tracking or Shipping Number ((/�/�� / e ja 3 day 0 2 Day 0 24 Hr 0 2-8 Hour Samples contain HF CN 00365 .�+A 1. \--., Ales as specified by Ana -Lab SOP #000323. (103°� _ c, tt Sample analysis will be provided according to Ana -lab's Standard Terms and Conditions of Agreement, available upon request and at vnaw.ana-lab.com. Any o posted by Client are deemed material alterations and are rejected unless expressly agreed to in writing by Ana -lab. rnn Pn rnn dnn.rn iuuj -,n-) r•Frarr r r mr lit vup vw u,) VIN i use t (2_/ t To: ANA-LAB ANA-LAB 2600 DUDLEY ROAD GKILGORE, TX 75663 (903) 984 a 0551 Service Type: By 10:30am ID00V QuickCode: ANA-LAB Date Printed: 3/22/2010 Billing Ref 1: Page 1 of 1 Lone Star Overnight 800,800.8984 www.lso.com upl�i9� No. Z6090870 From: BRIAN MARTINEZ STL 8908 AMBASSADOR ROW DALLAS, TX 75247 (214) 630 - 3800 Fold on above line and place shipping label In pouch on package. Please be sure the barcodes and addresses can be read and scanned. Shipping Instructions 1. Fold this page along the horizontal line above. 2. Place this Airbill in the shipping label pouch on the package you are shipping. Please be sure the barcodes and addresses can be read and scanned. 3. To locate a drop box near you, click on Find Drop Box from the home page main menu. 4. To schedule a pickup, click on Request Pickup WARNING: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes Is fraudulent and could result in additional billing charges, along with the cancellation of your Lone Star ovemight account number. LIMIT OF LIABILITY: We are not responsible for claims in excess of $100 for any reason unless you: 1) declare a greater value (not to exceed $25,000); 2) pay an additional fee; 3) and document your actual loss In a timely mariner. We will not pay any claim in excess of the actual loss. We are not liable for any special or consequential damages. Additional limitations of liability are contained In our current Service•Guide. If you ask us to deliver a package without obtaining a delivery signature, you release us of all liability for claims resulting from such service. NO DELIVERY SIGNATURE WILL BE OBTAINED FOR 8:30 AM DELIVERIES OR RESIDENTIAL DELIVERIES. https://www.lso.com/airbillhardcopy.asp 3/22/2010 GC-6.06.D Minority and Small Business Enterprise Compliance CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Avondale -Haslet Road - East City Project No. 401414 FORT WORTH CITY OF FORT WORTH Disadvantaged Business Enterprise �/ l Q PRIME COMPANY NAME: %`��� l �)1S �/ vC( 't j/ ‘ L, (t PROJECT NAME: VdnUat'Q /(eCid-&<" -flan PROJECT NUMBER: np--02-( CITY'S DBE PROJECT GOAL: / 0 Please read the following statements prior to executing this form. ATTACHMENT 1A Page 1 of 3 Schedule of Subcontractors/Suppliers DIDBE / 4.e r I Q BID DATE: / 01 (-) 5/ l , >I-}e- 1W1 iJ 11 ��� Prime's DBE GOAL COMMITMENT: / . !o % Bidders/Offerors must provide information on all prospective subcontractor(s)/suppliers who submit bids/quotations in support of this solicitation. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non -responsive to the bid specifications. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous year's annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the prime contractor is responsible to identify the amounts to be used toward the committed DBE goal. If hauling services is utilized, separation of dollars for haul -in and haul out is required. In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck used on the contract. The DBE may lease trucks from another DBE firm, including DBE owner - operated and receive full DBE credit. The DBE may lease trucks from non -DBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the DBE as outlined in the lease agreement. Note: Be mindful of the 60% rule. Rev. 5-30-03 Address: Phone: Fax: Email: Contact Person: I)b?P (-4- 6 ,co >'iC10.S Name: COLO-tcu LQc 1 YYl j K Address: PO l)( ) (pa 30--% Fc),( (,c.) 04 Y K l (p 1 Phone: (81-1-) -7561 - ICI ICj Fax: ( gl'1)'7 56 `) Email: /Y\c�CC0(,�)-}(�rJ fit'` Contact Person: rc i < 2\1100' 4"j)& Name: PodV.u�1n�Q-r 1YGA- iC. J Xi -lc, FORT WORTH CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS Check this box ❑ if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name. NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: Rob-er-r-ra•l:Ldos "MA ut,: rf 3 MI 3- -6l s) ir1C. Ci{c 1C Ft Wo4 -7 Cp I � c grip 3.5D (Si QC S Address: rat r� ►,� ; �c._ 'E-'o e —1(vl 1(v Phone: gI ) -; LI'L( -a3oS Fax: -1-7— ayy Email: Contact Person: Name: E 'r\COC(S; - C( -`1E, Address: 4O I) % a 3;_,1 t-okr lU : 3q-) Phone: Cft JJ _ Fax: Email: Contact Person: 7? {,(ri TYPE OF WORK TO BE PERFORMED Type of Work: I `ru- I Li ,r� Ha% l CAS- C Su {pl uS $ AMOUNT: Type of Work: $ AMOUNT: S30D-oa 4- Ail /-(ct u I o-c-f- Co>1C- 5 7'Y1 1 1( I`-tl)ODO.°° Type of Work: _T-{ok C c) c_ (,.\ 1 pp)i PS $AMOUNT: tz.))fv.Uv Type of Work: $ AMOUNT: Specify CERTIFIED DBE Tier FIRM Yes ✓ NO_ Certified By:/ NCTRCA ,/ TXDOT Other please attach DBE certification Yes N-/No_ Certified By: NCTRCA TXDOT Other please attach DBE certification Yes ATTACHMENT 1A Page 2 of 3 PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) less than $500K _ $500K to $2M $2M to $5M _ more than $5M _ less than $500K $500K to $2M _ $2M to $5M more than $5M No � less than $500K Certified By: NCTRCA TXDOT Other please attach DBE certification Yes _ No ✓ Certified By: NCTRCA TXDOT Other please attach DBE certification _ $500K to $2M $2M to $5M more than $5M less than $500K _ $500K to $2M _ $2M to $5M _ more than $5M Rev. 5-30-03 FORT WORTH NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: P Address: po 65x sc/Di017 I l cl s I )4---7L-1 -56)5-os l Phone: Fax: Email: Contact Person: yr 1 k- -Q SA Name: Ri - < ' r' Type of Work: Address: 10D O ) 2o)Gi`7 I k otS-i - "75373 (S17)A-4q I-143a1 CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS TYPE OF WORK TO BE PERFORMED Type of Work Phone: Fax: Email: Contact Person: $ AMOUNT: $ AMOUNT: ova ° v Specify Tier CERTIFIED DBE FIRM Yes NoV Certified By: NCTRCA TXDOT Other please attach DBE certification ATTACHMENT 1A Page 3 of 3 PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) _ less than $500K _ $500K to $2M _ $2M to $5M _ more than $5M Yes No _ less than $500K Certified By: NCTRCA TXDOT Other please attach DBE certification $500K to $2M _ $2M to $5M more than $5M The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. ALL DBES ST BE CER ho rized Signature (Or)Cr: Q (\ k itle Compan me Pr). KI�t Aess _ L3r9 4-1 (� -7 C0 I ( IED Y1'HE CITY CIF -FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL. City/State/Zip Code ,1,12-‘[ OiDnfc-Lar- Kinted Signature Da ►rrl Contact Name and Title (if different) -r-53L/-171-1 I7�3L/-Ls r� Phone Number Fax Number C5r-1 r. Cow FmJai Address Date Rev. 5-30-03 GC-6.07 Wage Rates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, In conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage rate survey for North Texas construction, The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds, TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manaaer's Office bv: Fernando Costa (8476) Oriainatina Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipelayer , Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self -Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy -Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi -Trailer Truck Driver, Transit -Mix I Wagon Drill, Boring Machine, Post Hole Driller Operator I Welder Work Zone Barricade Servicer $10.06 j j $13.99 $12.78 $11,01 $ 8.80 $14.15 $ 9,88 $13.22 $12,80 $12.85 $13,27 $12.00 $13.63 $12.50 $13,56 $14,50 $10.61 $14.12 $18.12 $ 8.43 $11,63 $11,83 $13,67 $16.30 $12.62 $ 9.18 $10.65 $16.97 $11,83 $11.58 $15.20 $14.50 $14.98 $13,17 $10.04 $11.04 $14.86 $16.29 $11.07 $10.92 $11,28 $11,42 $12,32 $12.33 $10,92 $12,60 $12,91 $12.03 $14.93 $11.47 $10.91 $11.75 $12.08 $14.00 $13.57 $10.09 J ' Classification AC Mechanic (I AC Mechanic Helper I Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate $21,69 $12.00 $15.24 Classification Plumber Plumber Helper Reinforcing Steel Setter $19.12 Roofer $10,10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worker Helper $13.49 I Sprinkler System Installer $13.12 j Sprinkler System Installer Helper $14.62 I Steel Worker Structural $10.91 Concrete Pump Crane, Clamsheet, Backhoe, Derrick, Cline $13.00 Shovel $9.00 1 Forklift $20.20 $14.43 Front End Loader Truck Driver $19.86 Welder $12.00 $20.00 $13.00 $18.00 $13.00 $14.78 $11.25 $10,27 $13.18 $16.10 $14.83 $8.00 $18.85 $12.83 $17.25 $12.25 Welder Helper Hrly Rate $20.43 $14.90 $10.00 $14.00 $10.00 $16.96 $12.31 $18.00 $9.00 $17.43 $20.50 $17.76 $12.63 $10.50 $14.91 $16.06 $9,75 GC-6.09 Permits and Utilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Avondale -Haslet Road - East City Project No. #01414 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of center medians and modifications to roadway approaches to Avondale -Haslet Road (DOT 274638F) located at railroad mileposts 18.24 on railroad's Wichita Falls Subdivision, Line Segment 485 in Fort Worth. Texas. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 1 Patrick Buckley, P.E. Senior Professional Engineer Transportation and Public Works City of Fort Worth 1000 Throckmorton Street, 2nd Floor Fort Worth, TX 76102 Phone: 817-392-2443 Email: Patrick.Buckley@fortworthgov.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify City of Fort Worth (Patrick Buckley) at 817-392- 2443 and Railway's Manager Public Projects, telephone number 817-352-2902 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file 274638F. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Avondale -Haslet Road —Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 2 Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 INTENTIONALLY LEFT BLANK. (no blasting operations on this project) • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track • 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically abovetop of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 3 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track • 23' 6" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Fort Worth and must not be undertaken until approved in writing by the Railway, and until the City of Fort Worth has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Fort Worth for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Onerations Center at 1(8001 832-5452. of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 4 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: 4 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com. which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (Marlon Gaunt) at Office # 817-740-7274 or Cell # 817-205-2588 or e-mail Marlon.gaunt(a,bnsf.com a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. Avondale -Haslet Road —Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 5 • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by the CONTRACTOR. The estimated cost for one (1) flagger is approximately between $800.00- $1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 31 freight trains per 24-hour period at a timetable speed 60 MPH and no switching movements. No passenger trains. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 6 contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this narairanh, the web site will eovern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 7 THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See interne Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Roadmaster (Marlon Gaunt) at 817-740-7274 and BNSF's Signal Construction Supervisor (Dwayne Tiffin) at 817-740-7384. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA Avondale -Haslet Road —Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 8 regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 9 °°' "°""' " AA/LbYAY NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Contractor/safety sensitive (F) Volunteer/safety sensitive (H) Non -employee (N) emp another railroad, nr, non-BNSf emp involved in vehicle accident including company vehicles) Contractor/non-safety sensitive (G) Volunteer/other non -safety sensitive (I) Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax I-8I7-352-7595 or by Phone 1-8DD-697-6736 or email to: Accident-Reportinq.CenterE BNSF.com AND COPY TO: RDADMASTER FAX 817-740-7277 S RAILWAY MANAGER PUBLIC PROJECTS FAX 817-352-2912 Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REDUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Avondale -Haslet Road —Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 10 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. accident City/St: County: 2. Date: Time: 3. Temperature: A. Weather (if non BNSF Location) le Post / line Segment Driver's license No (and state) or other ID: SSN (required): Name (last. first. mi): Address: City: St Date of Birth: and/or Age: Gender: (if available) one Number. Employer. Injury: D. Body Part (Le.. laceration, etc.) (i.e_ Hand. etc.) Description of Accident (To include location. action. result. etc.): Treatment First Aid Only Required Medical Treatment Other Medical Treatment Dr. Name: Dr. Address: Street Hospital Name: Hospital Address: Street Diagnosis: Date: City: City: Zip: St: Zip: St Zip: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTESC REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUATT?.19 U.S.C. 20903 AND 83 C.S.C. 390 Avondale -Haslet Road — Exhibit C (7/11/12) Form 0102, Rev. 05/17/12 11 EXHIBIT "C-l" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: 274638F Agency Project: Street Reconstruction for Avondale -Haslet Road Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated , with the City of Fort Worth, Texas for the performance of certain work in connection with the following project: construction of center medians and modifications to roadway approaches to Avondale -Haslet Road (DOT 274638F) located at railroad milepost 18.24 on railroad's Wichita Falls Subdivision. Line Segment 485. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Fort Worth (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 1 THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 2 Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Waver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 3 • Waiver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 4 Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 5 Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of .a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means `Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 6 Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's Roadmaster Marlon Gaunt at Office: 817-740-7274 or Cell: 817-205-2588 and email: marlon.gaunt(&,bnsf.com representative four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 7 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. BNSF Railway Contractor By: By: Printed Name: Name: Timothy J. Huva Manager Public Projects Title: Contact Person: Accepted and effective this day of 2012. Address: City: State: Fax: Phone: Email: Zip: Avondale -Haslet Road - Exhibit C-1 (7/11/12) Form 0103, Rev. 5/17/12 8