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065532 - Construction-Related - Contract - The Fain Group, LLC
FORTWORTHR CSC No. 65532 CONTRACT FOR THE CONSTRUCTION OF 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements City Project No. 101865 CSJ: 0902-00-315 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2025 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 (817) 335-6511 Scott R. Arnold, P.E. (96782) TPBE Firm No. F-928 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 TABLE OF CONTENTS 63 xo111! 1130111I111IIIII11 TABLE OF CONTENTS Division 00 - General Conditions Page 1 of 2 Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 09/01/2025 0035 13 Conflict of Interest Statement 02/24/2020 004100 Bid Form * 0911912025 00 42 43 Proposal Form Unit Price* 0913012021 004313 Bid Bond* 0913012021 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/30/2021 0045 11 Bidders Prequalifications, 08/13/2021 0045 12 Pre uglification Statement 09/30/2021 0045 13 Prequalification Application 06/13/2025 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 004644 9 0 t�-5 00 52 43 Agreement 9/19/2025 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 nMaintenaneeoito�5 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 09/01/2025 00 73 00 Supplementary Conditions 9/19/2025 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 29 75 Materials On Hand 9/19/2025 01 31 19 Preconstruction Meeting 09/01/2025 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 10/06/2023 01 3233 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 09/19/2025 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na e 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 00 00 TABLE OF CONTENTS Page 2 of 2 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: None TxDOT Requirements 1. Buy America 2. Child Support Statement (Family Code §231.006) 3. State of Texas Child Support Business Ownership Form* 4. OSHA Implementation 5. Disclosure of Lobbying Activities* 6. Non -Collusion Affidavit and Debarment Certification 7. Bidder Certification 8. Contractor's Assurance 9. Prohibition on Certain Telecommunications Equipment or Services 10. Seals Page 11. Prevailing Minimum Wage — Davis Bacon 12. Prison -Produced Materials 13. Differing Site Conditions 14. General Notes 15. TxDOT Specifications, Special Provisions, and Special Specifications List 16. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 17. "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation September 1, 2024" — Included by Reference. *Required to be submitted with bid to be deemed a responsive bid. If these items are not submitted with the bid package, the bids will not be read publicly. Appendix None END OF SECTION CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 6/23/26, 3:34 PM M&C Review ORD.APP 2018 BOND RR THE AT N BEACH ST 34017 A026(R4).docx (Public) ORD.APP 2018 BOND RR THE AT N BEACH ST 34018 A026(R5).docx (Public) Sam.gov Search.pdf (CFW Internal) THE Gap Funding Sources.xlsx (CFW Internal) U34018 - Project Budget Summary 5.4.26.xlsx (CFW Internal) UNSPEC - Project Budget Summary 5.4.26.xlsx (CFW Internal) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34543&counciIdate=6/9/2026 4/4 6/23/26, 3:34 PM CITY COUNCIL AGENDA Create New From This M&C M&C Review Official site of the City of Fort Worth, Texas FORT WORTH DATE: 6/9/2026 REFERENCE NO.: **M&C 26-0500 LOG NAME: 2018 BOND RR THE AT N BEACH ST CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 11) Authorize Execution of a Contract with The Fain Group, LLC in the Amount of $883,893.00 for Construction of the 2018 Railroad Trinity Railway Express at North Beach Street Project, Adopt a Resolution Authorizing Execution of Amendment No. 2 to an Advance Funding Agreement with the Texas Department of Transportation, to Increase the Project Amount to $1,243,736.00 with City Participation in the Amount of $224,004.00, Plus Any Cost Overruns, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with The Fain Group, LLC, in the amount of $883,893.00, for the construction of the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865); 2. Adopt the attached resolution authorizing execution of Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 58040; CSJ# 0902-00-315) to increase the project amount to $1,243,736.00 with City Participation in the amount of $224,004.00, plus cost overruns, for the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865); 3. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund, in the amount up to $538,693.00, subject to receipt of the grant, for the purpose of funding the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the TaxNote2017 Fund, in the amount of $82,156.70, from Proceeds From Tax Note2017 revenue within the Unspecified -All Funds project (City Project No. UNSPEC), for the purpose of funding the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865); 5. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond Program Fund by increasing appropriations in the 2018 Railroad Trinity Railroad Express at North Beach Street project (City Project No. 101865) in the amount of $17,843.30, and decreasing appropriations in the Authorized, Not Appropriated project (City Project No. U34018) by the same amount; 6. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with The Fain Group, LLC, in the amount of $883,893.00 for construction of the Trinity Railway Express (TRE) at North Beach Street project (City Project No. 101865). Approval of this M&C will also appropriate funding for the THE at North Beach Street project. The THE at North Beach Street AFA was authorized by the City Council on May 10, 2022, by M&C No. 22-0334. The 2018 Bond Railroad - THE at North Beach Street project's objective is railroad crossing safety improvements, which include the elimination of the roadway hump, installation of a median, apps.cfwnet.org/council_packet/mc_review.asp?ID=34543&councildate=6/9/2026 1 /4 6/23/26, 3:34 PM M&C Review installation of pedestrian crossings, refreshment of the pavement markings, installation of signage, and the reconstruction of the deteriorated roadway. The City of Fort Worth advertised the 2018 Railroad - THE at North Beach Street project in the Fort Worth Star -Telegram on November 12 and November 19, 2025. The following bids were received on January 22, 2026. Bidders _A Amount The Fain Group, LLC $883,893.00 David-Tehoungue Ltd. Co. $942,695.00 Capko Concrete Structures LLC $1,397,122.00 McClendon Construction Company, Inc. $1,627,254.25 The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion: 2018 Railroad — THE at N Beach Street (City Project No. 101865) Fund Existing Additional Project Funding Funding Appropriation 31001 -Grants Cap Projects - Federal $477,784.00 $538,693.00 $1,016,477.00 34017 - TaxNote2017 Fund $0.00 $82,156.70 $82,156.70 (UNSPEC) 34018 — 2018 Bond (U34018) $445,000.00 $17,843.30 $462,843.30 Grand Total $922,784.00 $638,693.00 $1,561,477.00 On May 10, 2022, (M&C 22-0334), the City Council adopted Resolution No. 5563-05-2022 authorizing execution of an Advanced Funding Agreement (AFA with Texas Department of Transportation (TxDOT) (City Secretary Contract No. 58040) for the construction of the 2018 Railroad - THE at North Beach Street (City Project No. 101865). On November 29, 2022, (M&C 22-0987), the City Council adopted Resolution No. 5651-11-2022 authorizing execution of Amendment No. 1 to the AFA with TxDOT for an increase in federal participation from 80\% to 100\% funding, increasing the amount to $477,784.00 for construction and decreasing indirect state costs by $257.00. The low bidder's bid price, plus a 15\% construction contingency, was $538,693.00 higher than the estimated construction cost recited in the AFA. The Transportation and Public Works Department (TPW) petitioned TxDOT for additional federal funds to cover the additional construction cost, which was granted. Amendment No. 2 amends the AFA to include this additional $538,693.00 in federal funding for a total federal funding amount of $1,016,477.00. The City will be responsible for additional construction cost increases and cost overruns. This amendment also includes an additional $100,000.00 in the City's internal anticipated engineering project management costs unanticipated at the beginning of project development based on average expenditures at this time. This amendment increases direct state costs by $17,379.00 and decreases indirect state costs by $27,146.00 due to TxDOT's Fiscal Year (FY) 2026 new rate and calculation method of indirect state costs. The appropriations for the federal grant will be increased, as shown below. Original Amendment Amendment Revised Fund Budget (M&C No. 1 (M&C 22- No. 2 (this Budget 22-0334) 0987) M&C) Grant Capital Projects $382,227.00 $95,557.00 $538,693.00 $1,016,477.00 apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34543&counciIdate=6/g/2026 2/4 6/23/26, 3:34 PM M&C Review Unappropriated Indirect State $30,658.00 ($257.00) ($27,146.00) $3,255.00 Cost 2018 Bond $445,000.00 $0.00 $0.00 $445,000.00 Program Fund Grand Total $857,885.00 $95,300.00 $511,547.00 $1,464,732.00 The additional federal funding awarded for this project was not included in the FY2026-2030 Capital Improvement Program because grant funding is appropriated at the time of the grant award. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. The construction portion of this contract is 100\% federally funded. The City's contribution is for preconstruction and administrative costs. City salaries will not be charged to this grant project. Indirect Cost recovery does not apply. The project is located in COUNCIL DISTRICT 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, in the Grants Cap Projects Federal Fund,TaxNote2017 Fund, and in the 2018 Bond Program Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a State Advance Funding Agreement. TO Fund Department Account Project Program Activity Budget ID ID Year FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Program Activity Budget Year Reference # Amount (Chartfield 2) Reference # Amount (Chartfield 2) Jesica McEachern (5804) Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 101865 - Project Budget Summary.xlsx (CFW Internal) 2018 Bond by Proposition - Report.pdf (CFW Internal) 2018 BOND RR THE AT N BEACH ST FID TABLE5.1.26 (1).xlsx (CFW Internal) AFAA2.pdf (CFW Internal) DOC-101865-20260211-RESOLUTION AFAA2-(final5.08.26).docx (Public) Form 1295.pdf (CFW Internal) M&C MAP.pdf (CFW Internal) ORD.APP 2018 BOND RR THE AT N BEACH ST 31001 Grant A026(R3).docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=34543&councildate=6/9/2026 3/4 6/23/26, 3:34 PM M&C Review ORD.APP 2018 BOND RR THE AT N BEACH ST 34017 A026(R4).docx (Public) ORD.APP 2018 BOND RR THE AT N BEACH ST 34018 A026(R5).docx (Public) Sam.gov Search.pdf (CFW Internal) THE Gap Funding Sources.xlsx (CFW Internal) U34018 - Project Budget Summary 5.4.26.xlsx (CFW Internal) UNSPEC - Project Budget Summary 5.4.26.xlsx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=34543&councildate=6/9/2026 4/4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0005 15- 1 ADDENDA Page 1 of 3 SECTION 00 05 15 ADDENDA CITY OF FORT WORTH, TEXAS Transportation and Public Works Department FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street City Project No. 101865 CSJ 0902-00-0315 Federal Aid Project No. STP 2024(346)FRS ADDENDUM NO. 1 Addendum No. 1 Issued: December 17, 2025 Bid Open Date: January 8, 2026, at 2:00 P.M. This Addendum forms a part of the plans, contract documents, and specifications for the above - referenced project and modifies the original specifications and contract documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (Section 00 41 00). Failure to acknowledge receipt of this addendum may result in disqualification. Prospective bidders are hereby notified of the following: The Project Manual for FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street, City Project Number 101865, is hereby revised and documented in Addendum No. 1 as follows: 1. QUESTIONS FROM THE PRE -BID MEETING a. Is the contractor required to carry railroad insurance? i. Yes. Refer to City Specification 00 73 00 Supplementary Conditions. b. Have any and all franchise utility conflicts been relocated? i. There are no known franchise utility conflicts. c. What is the anticipated start date for this project? i. In general, an NTP is given approximately 3 months after bid opening. d. Does this require pre -qualification? i. Yes, just City pre -qualification for "Water Distribution, Urban and Renewal, 12-inch and smaller". Refer to City specification 00 45 12 Prequalification Statement. e. Does the City allow for a vibratory truss screed for street paving in lieu of a slip form paving machine? i. The proposed paving work is asphalt. This question appears to be regarding concrete paving. f. Who pays for construction materials testing? CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 1 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 000515-2 ADDENDA Page 2 of 3 i. Refer to City specification 01 45 23 Testing and Inspection Services. The Contractor is responsible for coordinating and scheduling testing with the City's assigned testing laboratory. The City is responsible for payment for the first set of Quality Assurance testing. The Contractor is responsible for payment of subsequent (duality Assurance testing until a passing test occurs. g. Who pays for construction water usage? i. The Contractor pays for water usage. Refer to City specification 01 50 00 Temporary Facilities and Control. h. What is the engineer's estimate for this project? i. The City does not provide this. i. PI.S POST THE PRE -Bit) ATTENDEE LIST AFTER THE 11125 MEETING. i. There were no attendees at the pre -bid meeting. j. Is an estimated cost available? i. The City does not provide this, 2. PRE -BID MEETING PRESENTATION a. A copy of the pre -bid meeting presentation is attached. 3. PROJECT MANUAL REVISIONS a. Replace TxDOT Specification 2L with the attached version. i. Language added in section 2 to refer to the City's prequalification requirements. ii. Reference to TxDOT prequalification requirement removed from section 7. b. Replace TxDOT General Notes with the attached version. i. The Working days were added to Item 8, c. Insert the attached TxDOT Contractor Certifications. This Addendum No. I forms part of the Plans, Specifications, and contract documents for the above -referenced proiect and clarifies the original project :manual and contract documents. .Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 4100, Bid Form, Page 3 of 3. CITY OF FORT WORTH FY 2018 Railroad Sarety Improvements Trinity Railway Express at Bench Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 10t 965 Revised My 1, 2011 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 000515-3 ADDENDA Page 3 of 3 A signed copy of Addendum No. 1 should be included in the submitted sealed bid at the time of bid submittal, Failure to acknowledge the receipt of Addendum. No. 1 could cause the bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No. I RECEIPT ACKNOWLEDGEMENT Lauren Prieur, P.E. A 11 'Director, Transportation and Public Works By: s / ) d Larry Frazier Com y: The Fain Group LLC. By: Chad Allen, P.E. Engineering Manager, TPW Address: 2500 Great Southwest Pkwy. City: Fort Worth State: TX Coordinate this document with Specification Section 00 21 1.3 - INSTRUCTIONS TO BIDDERS, Specification Section 00 41 00 - BID FORM, Specification Section 00 50 00 - AGREEMENT, Section 00 72 00 - GENERAL CONDITIONS, and Specification Section 00 73 00 - SUPPLEMENTARY CONDITIONS. Their provisions are interrelated by concept and usually cross-referenced by a specified number. A change in any one document may necessitate a change in the other, END OF SECTION .M�� OP°p° 4aP� *0.� 0°Y°i°•°1i°Ot°°i!°°°° 0 SCOTT R. ARNOLD � 008 96782 12i31f2025 r�r .coCENSA fill 14 rix_ti`'�.. CITY OF FORT WORTH FY 2019 Railroad Safety Irnprovcmcuts Trinity Railway Express at Beach Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised luLy 1, 2011 2 3 4 5 6 7 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4'2 000$15-1 ADDENDA Page i of 2 SECTION 00 05 15 ADDENDA CITY OF FORT WORTH, TEXAS Transportation and Public Works Department FY 2M Railroad Safety Improvements Trinity Railway Express at Bead Street City Project No. 101865 CSJ 0902-00-0315 Federal Aid Project No. STP 2024(346)FRS ADDENDUM NO.. 2 Addendum No. 2 Issued: January 6, 2426 Revised Bid Open Date: January 22, 2026, at 2:00 PK This Addendum forms a part of the plans, contract documents„ and specifications for the above - referenced project and modifies the original specifications and contract documents. Bidder shall acknowledge receipt of this addendum in the space provided Below, and in the proposal (Section 00 41 00). Failure to acknowledge receipt of this addendum may result in disqualification. Prospective bidders are hereby_notified of the following; The Project Manual for FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street, City Project Number 101865, is hereby revised and documented in Addendum No. 2 as follows. 1. BID OPENING DATE The bid opening date will be rescheduled from January 8, 2026, to January 22, 2026- Addendum 3 will be issued before the new bid opening date to address additional questions received on Bonfire. This Addendum No. 2 forms part of the Plans, Specifications, and contract documents for the above -referenced project and clarifies the original project manual and contract documents. Acknowledge your receipt of Addendum No. 2 by completing the requested information in the space provided in Section 00 41 00, Bid Form, Page 3 of 3. CITY OF FORT WORTIi FY 2018 Railroad Safety Improl6ements Trinity Railway Express at Beach Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C:PN 101863 Revised July 1, 2011 5 f 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 000515-2 ADDENDA Page 2 of 2 A signed copy of Addendum No. 2 should be included in the submitted seated bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No. 2 could cause the bidder to be considered "NONRESPONSIVE," resulting it disqualification. Addendum No. 2 RECEIPT ACKNOWLEDGEMENT By: f' Larry Frazier Company. The Fain Group LLC.. i Address: 2500 Great Southwest Pkwy. City: Fort Worth State: TX Lauren Prieur, P.E. Director, Transportation and Public Works ay: Ul Chad Allen, P,E, Engineering Manager, TPW Coordinate this document with 'Specification Section 00 21 13 - INSTRUCTIONS TO BIDDERS, Specification Section 00 41 00 - BID FORM, Specification Section 00 50 00 - AGREEMENT, Section 00 72 00 - GENERAL CONDITIONS, and Specification Section 00 73 00 - SUPPLEMENTARY CONDITIONS. Their provisions are interrelated by concept and usually cross-referenced by a specified number. A change in any one document may necessitate a change in the other. END OF SECTION CITY OF FORT WORTH FY 2019 Railroad Safety Improvements Trinity Ulway Express at Bcach Street STAND,4RD CONSTRUCTION SPECIFICATION DOCJMENT5 CPN 101865 Revised July 1, 2011 0005 15- 1 ADDENDA Page I of 3 I SECTION 00 05 15 3 ADDENDA a CITY OF FORT WORTH, TEXAS 5 Transportation and Public Works Department 6 7 FY 2018 Railroad Safety Improvements 8 Trinity Railway Express at Beach Street 9 City Project No. 101865 10 CSJ 0902-00-315 11 Federal Aid Project No. STP 2024(346)FRS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ADDENDUM NO. 3 Addendum No. 3 Issued: January 20, 2026 Revised Bid Open Date: January 22, 2026, at 2:00 P.M. This Addendum forms a part of the plans, contract documents, and specifications for the above - referenced project and modifies the original specifications and contract documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (Section 00 41 00). Failure to acknowledge receipt of this addendum may result in disqualification. Pros active bidders are hereby notified of the following: The Project Manual for FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street, City Project Number 101865, is hereby revised and documented in Addendum No. 3 as follows: 1. BONFIRE QUESTIONS a. Question: Safety ContingencylRRPL. Item 7 on sheet D of the plans requires the contractor to supply Railroad Protective Liability insurance as well as other insurance limits that are not specified. This item states that this will not be paid separately but is subsidiary to other items. There is a prebid pay item 70 (9606 6056) for "Safety Contingency". I find no description of what this item pays for. is it for the railroad coordination and the insurance requirements? i, Answer: Railroad liability insurance is subsidiary to the various bid items for the project. The required railroad insurance limits are stated in the Project Manual, Section 00 73 00 Supplementary Conditions, SC-5.04D "Contractor's Insurance The Safety Contingency bid item is intended for traffic control plan adjustments and other safety -related improvements as needed during construction. Safety Contingency is defined in TxDOT Specification Item 7L, included in the Project Manual, CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Reach Street STANDARD CONSTRUCTION MCIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 l 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 000515-2 ADDENDA ?age 2 of 3 b. Question: Pedestrian swing gate. The plans on several sheets depict pedestrian swing gates (4 each). Notes 5 and 7 on sheet 22 of the plans say that these gates are subsidiary to the pedestrian rail. These are expensive items to be subsidiary to another item. At the same time, the bid specifications for a similar project bidding the same day (TRE at North Beach Street) proposes to include similar gates, but details on those plans say the gates will be furnished by TRE. Please advise. Answer: The swing gate will be paid as a pedestrian rail. The quantity included in the plans for the pedestrian rail already includes the length of the pedestrian swing gates. There is a difference between the railroad pedestrian gate and the pedestrian swing gate. The pedestrian swing gate is shown on pages 75 and 76. The railroad pedestrian gate is the pole, flashers„ and gate arms, and this is expensive. The RR will furnish and install the railroad pedestrian gate. 2. PROJECT MANUAL a. Remove Specifications List Report (pages 284 — 289) and replace with the attached version. b. Replace TxDOT Special Provision 002.003L with the revised attached version. The DHS E-Verify requirements were removed. c. Updated the bid Item descriptions for bid items 85-88. The updated 00 42 43 Bid Proposal form is attached. This Addendum No. 3 forms part of the Plans, Specifications, and contract documents foT the above -referenced project and clarifies the original project manual and contract documents. Acknowledge your receipt of Addendum No. 3 by completing the requested information in the space provided in Section 00 4100, Bid Farm, Page 3 of 3. CITY OF FORT WORTH FY 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 1018865 Revised July I, 2011 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 000515-3 ADDENDA Page 3 of 3 A signed copy of Addendum No. 3 should be included in the submitted sealed bid at the time of bid submittal, Failure to acknowledge the receipt of Addendum No. 2 could cause the bidder to be considered "NONRESPONSIVE," resulting In disqualification. Addendum No. 3 RECEIPT ACKNOWLEDGEMENT By: Larry Frazier Compa The Fain Group LLC. Address: 2500 Great Southwest Parkway City: Fort Worth State; TX Lauren Prieur, P.E. Director, Transportation and Public Works By; Chad Allen„ P.E. Engineering Manager, TPW Coordinate this document with Specification Section 00 21 13 - INSTRUCTIONS TO BIDDERS, Specification Section 00 41 00 - BID FORM, Specification Section 00 50 00 - AGREEMENT, Section 00 72 00 - GENERAL CONDITIONS, and Specification Section 00 73 00 - SUPPLEMENTARY CONDITIONS, Their provisions are interrelated by concept and usually cross-referenced by a specified number, A change in any one document may necessitate a change in the other. END OF SECTION ?012026 CITY OF FORT WORTH Fy 2018 Railroad Safety Improvements Trinity Railway Express at Beach Street STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of the 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements, CPN 101865 ("Project") will be received by the City of Fort Worth via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/Aortal/?tab=openOpl)ortunities, under the respective Project until 2:00 P.M. CST, Thursday, January 8, 2026. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following paving, sidewalk, curb ramp, signing, and striping improvements for railroad crossing safety improvements. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City (water and sewer items only) at the time of bid opening. The Contractor does not need to be prequalified with TxDOT. The procedures for qualification and pre -qualification are outlined in Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal h!tps:Hfortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date and time via a web conferencing application: DATE: November 25, 2025 TIME: 9:00 AM CST Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 3 of 3 AWARD City will award a contract to the Bidder presenting the lowest responsive bid by a responsible bidder. Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from grants and reserved by the City for the Project. ADVERTISEMENT DATES November 12, 2025 November 19, 2025 END OF SECTION CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders' use of incomplete sets of Bidding Documents. 2.2. City and Engineer, in making electronic Bidding Documents available, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://www. fortworthtexas. gov/departments/tpw/development/cfw-departments-tpw- contractors under Division 00 - General Conditions and as follows: 3.1.1. OMITTED 3.1.2. OMITTED 3.1.3. Water and Sanitary Sewer — Requirements document located at: https://app-us3.e- builder.net/public/publicLanding.aspx?Q S=4fc66ff8c36c4cO29d542d4e55114e8d 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. OMITTED. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site, which have been utilized by the City in preparation of the Contract Documents. The Soil Borings logs on the plans, if any, are for general information only. Neither the City nor the Engineer guarantees that the data shown is representative of conditions that actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein, upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right- of-way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the FRIDAY prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. OMITTED. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. OMITTED. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/portal/?tab=openOpportunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder. 17.6. OMITTED. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101865 Revised/Updated September 1, 2025 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION Op 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law, If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below, Form CIQ (Conflict of Interest Questionnaire) (state.tx.usy htt>ps:llwwv,r.ethics.state.tx, usfdatalformsfcorlfIict/CIS.pdf CIQ Form does not apply a� CIQ Form is on file with City Secretary CIQ Farm is being provided to the City Secretary 7 CIS Farm does not apply I CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary Fffl-k�-. The Fain Group LLC. By: 2500 Great Southwest Parkway Signature: Fort Werth, TX 76106 Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUM26MEBond Railroad Trinity Railway Express at North Beach Street Safety irnprovcments Revised February 24, 2020 CPN 101865 0041 nb BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c1o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements City Project No.: 101865 Units/Sections, Base Bid 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form Included in the Bidding Documents to perform and furnish all Worn 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 INSTRUCTICNS 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 or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2418 Bond Ralimad Trinity RalWay Express at North Beach Street Safety Improvements Revised 9/3012021 CPN 101UG5 00 41 00 BID FORM Page 2ni3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, Urban and Renewal, 12-inch and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 111 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. S. 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. MWBF Forms (optional at time of bid) f. Prequalification Statement, 'Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 "If necessary, CIO 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 CiT.• 015 FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 Bond Rallrmil Trinity Railway Express at North Beach Street Safety Improvements Revitpd 9=12021 CPN 101665 0041 00 BID FORM Page 3 of 3 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_ Cnly 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 there totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on 01-22-2026 Respectfully submitted, By.. etlignat&e) t f' Larry Frazier (Printed Name) Title: President Company: The Fain Group LLC. Address 2500 Great Southwest Parkway Fort Worth, TX 76106 State of Incorporation-. Texas Ernaili Ifrazier faingp.com Phone: 817-927-4388 END OF SECTION by the entity named below. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 20le Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements Revised 9130/2021 CPN 101865 01142 43 BID PROPOSAL P4gc 1 of 2 SECTION 00 42 43 PROPOSAL. FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit I - Base Bid 13tdhst Item No. I xlX) t Bid Ilern No. Dcstriplion sIveificalion Section No. Unit of Measure Bid Quantity Unit Price Hid Value I 0104 6011 REMOVING CONC (NII:DI,ANS) 104 SY I01 28.00 2828.00 2 0104 6029 R1;M0VINCi CONC (01R13 OR CURB & 61 t l I_R) t04 111' 756 10.0D 75so.o0 3 0105 6046 REMOVING STAB BAST: & AS1311 PAV (0%1011) 105 SY 497 14.00 8958.00 4 01 10 6001 EXCAVATION (ROADWAY) 110 CY 40 27.00 IM.00 5 0132 6001 EMBANKMENT ( FINAL)(ORD COMP)TY A) 132 CY 145 68.00 0660.00 6 0161 6017 COMPOST MANUF TOPSOIL 1411) 161 SY 655 11:00 7205.00 7 0162 6002 BLOCK SODDING 162 SY 655 8.00 5240,00 8 0247 6061 FI, BS (CMP IN PLC)(TYA GRI-2) 6" 247 SY 553 20.00 11060.00 9 0310 6001 PRIME COAT (MULTI OPTION) 310 GAL 34 6800 2312.00 10 04166031 DRILL SHAP'1 (l'R FSIG POLE)('30 IN) 416 1.11' 11 968 a0 16CA800 1 1 (1432 6006 RIPRAP (CONC}(C.I.. 13) 432 CY 30 25e0.00 75,00003 12 0432 6023 RIPRAP (STONE. COMMON)(DRY')(8 IN) 432 CY 1 341.0 341.00 13 04506049 RAI L(I IANDRAII.)!-I-Y'C) 450 IT 321 135WI 43335IXI 14 0464 6005 RC P1.P1'. (0 II I X 24 1W) 464 H- 65 227:00 14156.00 15 0466 6130 1IFAJ)W'ALL (CI I - PW - S) DIA= 24 IN) 466 17A 1 4266.00 4266.00 16 0467 6390 SI'.1 ( I Y 11 ) 24 IN) (RP) (4: I) (C) 467 FA 1 7990.00 7990.00 17 0471) 6005 ADJUSTING MANI101I I'S (WATL-R VA,1.VI 13OX) 479 FA 1 3-135.00 373500 18 04966007 REMOVSTR(PIPE) 496 1.1: 15 27.00 405.00 19 0496 6043 REMOV STR (SMA1.1, 1 E.NC1:) 496 LF 76 7.00 W2.00 20 0500 6001 MOBILIZATION 500 LS I iwxoo IM6.40 21 0502 6001 BARRICADES, SIGNS AND TRAFFIC HANDLING 502 MO 7 3173,00 22211.00 22 0506 6040 BIODEG EROSN CONT LOGS (INSTL) (8" 506 LF 50 11.00 550-00 23 0506 6043 BIODEG EROSN CONT LOGS (REMOVE) _ 506 IT 50 4DO 200.00 24 0528 6003 COLORED TEXTURED CONC (8") _ 528 4Y 250 20000 500M00 25 0529 6008 CONC CURB & GLITTER (TY 11) 52.9 If 8.85 39M 34515.00 26 O5306004 DIOVI'WAYSWONC) 530 SY 232 106.00 24592.00 27 0531 6001 C'ONCSID1..W.M.KS (4") 531 SY 576 a�.ao 54"^00 28 0531 6032 CONC SIDEWALKS (SI'I:C'IAI..) (TYPE: AI 531 SY 17 117:00 1989.00 29 05366006 CONC MIEDIAN(MON(l NOSE.) 536 SY 13 117.00 15z1.00 30 0556 6006 PIN:: UNDI:.RDRAINS (I Y 6) (6") 4; LF 45 143:00 s435.00 31 1.16186046 CONDF PVC)(SCI-180) (2") 618 LF 70 56.00 3WO.00 32 0618 6053 CONDT (PVC) (5CI1 90) 3") 618 LF 90 60.00 5400-00 33 0618 6074 CONDT (RM) 3"1 618 LF 90 342.00 30760-00 34 0620 6008 ELEC CONDR NO.8) INSULATED 620 LF 310 5-00 1550.00 35 0620 6010 ELEC CONDR NO.6) INSULATED 620 LF 75 7.00 525.00 36 0624 6009 GROUND BOX TY D 162922) 624 EA 1 3082.00 3482.00 37 0624 6010 GROUND BOX TY D (162922)WfAPRON 618 EA 2 4125.00 8250.0 38 0628 6146 ELC SRV TY D 120I240 060 NS SS(E)SP U 628 EA I 20361W 20353.00 39 0644 6001 IN SM RD SN SUP&AM TY IOBWG(I )SAP 644 EA 9 1357.00 12213.00 40 0644 6068 RELOCATE SM RD SN SUP&AM TY I OBWG 644 EA 2 886.00 1772.00 41 1 0644 6076 REMOVE SM RD SN SUP&AM 644 EA 4 239.00 956.00 42 06666036 REFI. PAV MRK TY I W 8"(SLD)(I(H)MII.) 666 LF 400 3.00 1200,00 43 0666 6048 R1:=171. PAV MRK TY l (W )24" SI,D 100MI1. 666 LF 160 20.00 3200:0o 44 0666 6093 REFL PAV MRK TY l (W)(RR RING)(100MIL) 666 EA 4 1343.00 537200 45 0666 6171 REEL, PAV MRK TY 11 (W) 6" BRK 666 LF 120 .35 4200. 46 0666 61.78 REEL PAV MRK TY 11(W) 8" (SLD) 666 LF 400 1.00 400.00 47 0666 6192 RI:1 I.. PAV MRK TY II (W) 24" (SI.D) 666 LF' 160 5.00 800ou 48 06666196 REM. PAV MRK'IY II (W) IRK XING) 666 F'A 4 205.00 $20.00 49 0666 6208 REF1_ PAV MRK 1-Y 11 (Y) 6" (BRK) 666 LF 120 -35 42.00 50 0666 6210 REFL PAV MRK TY 11 (Y) 6" SI.D) 666 LF 975 -32 312.00 51 0666 630fi RE PM WIRET RLQ TY I (W)6" 13RK 100MIL) 666 LF 120 3wti 3W.00 52 0666 6318 RE PM WIRET REQ TY I (Y)6"(BRK) 100MIL 666 LF 120 3-00 33600.00 53 0666 6321 RE PM WlRET REQ TY I (Y)6"(SLD)(10OMIL) 666 LF 975 3.Da 2925.00 54 0672 6009 REFL PAV MRKR TY II -A -A 672 EA 12 8.00 W.00 55 0672 6010 REFL PAV MRKR TY II-C-R 672 EA 11 9.00 99.00 56 0677 6001 SLIM TEXT PAV MRK & MRKS (41") 677 LF 1215 1.00 1215.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P'Ni5at19610011 2018 Bond Railroad Trirmy Railway Express at North Beach SLmi Safety tmpravemLrils CPN 101 RUS i ,-1, P. _ . . SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit I - Base Bid I-1011st Item No. I XIx) I Bid Item No. Deseliplion Slxciflesiitm Section No. Unit of Measure Bid Quantity Unit Price Bid Value 57 0677 6007 I:I,1M I:XI PAV MRK & MRKS 24") 677 1 F 160 9.00 1440.00 S8 0677 6016 1: LIM I:XIPAV MRK & MRKS (RR XING) 677 LA 4 269.00 1076,00 S9 0678 6002 PAV SURF PREP FOR MRK (6") 678 LF 2480 1.00 2480.00 60 0678 6004 PAW SURF PREP FOR MRK (8") 678 LF 400 1.00 400.00 61 0678 6008 PAV SURF PREP FOR MRK 24") 678 LF 160 s:oo 800.00 62 0678 6020 PAV SURF PREP FOR MRK (RR XING) 678 EA 4 205.00 e20.00 63 0678 6033 PAV SURF PREP FOR MRK (RPM) 678 EA 23 1-00 23-00 64 0680 6002 INSTALL IIWY TRF SIG ISOLATED 690 EA 1 84826.00 8482s.00 65 0682 600E 4'EII SIG SEC 12")LED(GRN ARW) 682 EA 2 770.00 1540.00 66 0682 6003 Mill SI(; SEC 12")1, F. D(YFL.) 682 EA 2 770.00 1540,00 67 0682 6005 VF11 :)'.[G SEC (12")1.1])(RED) 682 EA 2 770.00 1540:00 68 0682 6051 BACKPLATE WIRE! 1. BRDR(3 SEC)AI.LIM 682 EA 2 391:0D 782.00 69 0684 6031 FRF SIG C131. (I Y A)( 14 AWG)(5 CON DR) 694 11 75 6.00 450:00 70 0684 6034 TRF SIG C131, (I Y A)114 AWG)(8 CONDR) 684 H- 185 8.00 1480.00 71 06866033 INS TRF SIO PL AM (S)I ARMOT) 696 FA I 43904.CO 43904.00 0690 6084 INSTI. VID IMAGE VEI I DET SYS (VIVDS) 690 FA 1 35252.00 35252.00 7 3 0752 6008 I Rlil" REMOVAL. 24" - 30" DIA) 752 EA 1 1364.00 1164.00 74 3062 6001 I-ACK COAT 3062 GAL. 17 68.00 1156.00 74; 3076 6001 D-GR HMA TY-13 P664-22 (f) 3076 TON 213 157.00 33441.00 76 3076 6028 D-GR HMA TY-C SAC -A PG70-28 3076 TON 64 198.00 12872,00 77 5003 600E RETROFIT DET WARN SURF(CAST IN PLACE) 5003 SF 42 136.00 5712.00 78 5008 6001 WHEEL STOPS 5008 EA 5 129-00 648.00 79 6001 6001 PORTABLE CHANGEABLE MESSAGE SIGN 6001 DAY 28 112.00 3136.00 80 6010 6002 CCTV FIELD EQUIPMENT (DIGITAL _ 6010 EA 1 16169.00 16169.06 81 60106004 CCTV MOUNT POLE 6010 FA 1 739.00 739.00 82 6436 6001 I:ED ROADSIDE SIGN 6436 FA 2 10077.00 20154:C0 83 64996001 RAILROAD PR1;1 Al 'I ION S 'SII--VI 6499 FA 1 8709.00 8709.00 84 70216041 GRAVEL 7021 SY 24 19.00 466:00 85 7211 6105 REMOVE AND REPLACE EXISTING FENCE 721 1 1.1= 30 75:00 2250:00 86 9606 6055 FORCE ACC r-EROSION CONTROL MAINTF,NANCE 9606 DOI, I S 5,000,00 $ 5,000,00 87 9606 6056 FORCE ACCOUNT - SAFETY CON I INGE-NC Y 9606 DOL. I S 10,000.00 S I0,000M0 88 9606 6068 FORCE ACCOUNT - RAILROAD FLAGGERS 9606 DOL I $ 50,000.00 $ 50,000,00 Totsl Bid eaabvaaa END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 Bond Railroad Trirmy Railway Express at North Bcros11 SLmi Safety tmpravem ms P'Ni5cd 9610011 CPN 101 RUS SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 004313 BID BOND Page 1 of 2 That we, The Fain Group, LLC known as "Bidder" herein and Harco National Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of l3idder's maximum hid price, in lawful money of the United States, to be paid in Fork (North, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal faits to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 8th day of January 2026. ATTES i ness as to Prinap6l CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 913012021 PRINCIPAL: The Fain Group, LLC BY: raY-,IE ime and 2010 Bond Railroad Trinity Railway Express at North Beach 5trbat Safaly improvements CPN 101865 ,�rjwwfjl Witne as to Surety Sa W,nah Jaeger Attach Power of Attorney (Surety) for Attorney -in -Fact 0043 13 811) SON[D Page 2 of 2 Address: 2500 Great Southwest Pkwy Fort Worth, TX 76106 SIJR TY: Harco National Insurance Company BY: Si n �rr~ Jennifer J. Biehle, Attorney -In -Fact Name and Title Address: One Newark Center, 20th Floor Newark NJ 07102 Telephone Number: 800-333-4167 *NoW If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, bath must be provided. The bate of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2018 Bond Railroad Trinity Railway Express of North Beach Street Safety Improvements Revised 9130/2021 CPN 101865 ��ytCtVY +f(f STATE OF NEW JERSEY STATE OF ILLINOIS ' ry�9 County of Essex County of Cook O SEAL r 1904 � l IE Michael F. Zurcher Executive Vice President, Harca National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond A HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered. 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GARY A. NITSCHE, NINA K. SMITH, KENNETH NITSCHE, ROBERT K. NITSCHE, CRAIG T. PARKER, ROBERT JAMES NITSCHE, JENNIFER J. BIEHLE Giddings, TX their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held an the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments ofjoint-control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and Consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seats when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original self of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHI`REOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2024 INS = SEAL a =t3�. tD84 •� On this 31st day of December, 2024 , before me carve the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ��t{Y C,r •., IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. �OTA�Y ��; °UBLtG ,1 -Z C NEVI Lathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January08, 2026 A00134 r Irene Martins, Assistant Secretary 004511-1 BIDDERS PREQUALIFICATIONS Pagel of 3 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 (CITY WATER AND SANITARY SEWER PREQUALIFICATION ONLY) 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpernut/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised August 13, 2021 00 45 11- 2 BIDDERS PREQUALIRCATIONS Paget of 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Crurent Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firms opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequali fication ApplicationA Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "NIA' should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Subnussion of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Conti -act 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approvaL CITY OF FORT WORTH 2O18 Bond Ra[lroad Trinity Railway Express at North Beach Street Satety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised August 13, 2021 0045 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 4 8 END OF SECTION CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised August 13, 2021 0045 12 - 1 PREQUALIFICATIQN STATEMENT Page 1 of 1 I SECTION 00 45 1.2 2 PREQUALT.FJCATION STATEMENT 3 Each Bidder for a City procurement is required to completer the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 7 8 9 10 Major Work Type Contractor/Subcontractor Company Name Prequalificatian Expiration Date Water Distribution, The Fain Group LLC. 04/30/2026 Cuban and Renewal, 12- inch and smaller The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed, 11 BIDDER: 12 13 14 15 16 17 18 19 20 21 22 23 24 The Fain Group LLC. Company 2500 Great Southwest Parkway Address Fort Worth, TX 76106 City/State/zip By: Larry Frazier (Please print) Signature: Title: President (Please Print) — Date: 01-08-2026 END OF SECTION CITY OF FORT WORTH 2018 Band Railroad Trinky Railway Express at North Beach Street safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCL MP,:NTS CPN 101865 Revised September 30, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 4S 26. 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WOPKFRS COMPENSATION LAW Pursuant to Texas Labor Cade Section 446.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.. 101865. Contractor further certifies that, pursuant to Texas Labor Cade, Section 406.096(b), as amended, it Wil I provide to City its subcontractor's certificates of compliance With worker's compensation coverage. CONTRACTOR: The Fain Group LLC. Company 2500 Great Southwest Parkway Address Fort Worth, TX 76106 City/State/Zip THE STATE OF TEXAS Larry Frazier (Please Print) Signature: Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Larry Frazier , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of The Fain Group LLC. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL. OF OFFICE this January ' 2026. Sth day of 4 Notarya _ •�`'ar'g KRISTI TREES Motary Public, State of Taxes END OF SECTION Yz Comm. Expires 04-15-2037 r •..•#ti_ Notary ID 124427334 M. CITY OF FORT WORTH 2O19 Bond ]Uiiroad Trinity Railway Express at Noah Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised Iuly 1, 2011 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 06/09/2026, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and The Fain Group, LLC, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Eight Hundred Eighty -Three Thousand, Eight Hundred Ninety -Three and 00/100 Dollars ($883,893.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 111 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 005243-2 Agreement Page 2 of 6 LTiMM-MKI]eYIczT61a1111411M I 311ZIV 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Prequalification Statement 3) State and Federal documents b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. Small Business Utiliza4ien Fefm 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the 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. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or 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 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. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: A- -� i Larry ra er (Jun 10, 2026 11:09:40 CDT) Signature Larry Frazier (Printed Name) President Title 2500 Great Southwest Parkway Address Fort Worth, TX 76106 City/State/Zip 06/10/2026 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth By: C>S�_� Jesica McEachern Assistant City Manager 07/15/2026 Date 4 poRr°°n �,9ad pp�OF000000.o moo° Attest: /1 1� .,L�a� °aaa�tEoo5�4 Jannette Goodall, City Secretary (Seal) M&C: 26-0500 Date: 06/09/2026 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Chad Allen, P.E. Engineering Manager Approved as to Form and Legality: W4_V Douglas Black (Jul 15, 2026 12:13:21 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: dl°4,u..,.7,.:.W,. Lauren Prieur (Jul 2, 2026 11:14:10 CDT) Lauren L. Prieur, Director, Transportation and Public Works Department CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 (effective September 1, 2025) 0061 13 -1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond# 3010787 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, LLC known as 8 "Principal" herein and Harco National Insurance Company a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, Ei&bt Hundred Eighty -Three Thousand, Eight Hundred Ningt -Three and 00/100 Dollars 13 ($883,893.001, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas 14 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 15 administrators, successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 9th day of June , 2026 , which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as 2018 Bond Railroad Trinity Railway Express at 21 North Beach Street Safety Improvements, City Project No. 101865. .22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 perform the Work,. including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 8, 2023 0061 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 this 5 instrument by duly authorized agents and officers on this the 9th day of June 6 , 20 26 . 7 8 9 10 11 12 13 ATTEST: 14 15 16 (Princ7 Se ary 17 18 19 20 21 22 Witness as to Pr' cipal 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 itness as to Surety Sava ah 38 Jaeger 39 PRINCIPAL: The Fain Group, LLC BY: Miatu LZ -rV Gnazler. pc,PsiAmt Name and Title' 2500 Great Southwest Pkwy. Fort Worth, TX 76106 SURETY: Harco National Insurance Comvan BY: 'gnat re Jenni e% . Bi hle, Attorney -In -Fact Name and Title Address: One Newark Center, 20th Floor Newark, NJ 07102 Telephone Number: 800-333-4167 Email Address: IenniferB@TheNitscheGroup.com 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided.. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 8, 2023 POWER OF ATTORNEY Bond# 3010787 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GARY A. NITSCHE, NINA K. SMITH, KENNETH NITSCHE, ROBERT K. NITSCHE, CRAIG T. PARKER, ROBERT JAMES NITSCHE, JENNIFER J. BIEHLE Giddings, TX their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025 ,,,, " NNr�iirl,G STATE OF NEW JERSEY�yNSUq�•" k Pin STATE OF ILLINOIS ; .� o�Po,r�, -r p L County of Essex . +r c V SEAL County of Cook r SEAS '* p Y 7y, t 9t}4 +� I:4c7 r 1984 IE k1 I, Michael F. Zurcher Executive Vice President, Harco National Insurance Company ,,,.,"'�, and International Fidelity Insurance Company On this 31st day of December, 2025 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and. INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. H Y �, ° IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, C New Jersey the day and year first above written. �pTA/�� s N9 '6UBL�C'•, ��: •'' GJ OP NEW Cathy Cruz a Notary Public of New Jersey CERTIFICATION My Commission Expires April 16, 2029 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, June 09, 2026 A00134 Irene Martins, Assistant Secretary IMPORTANT NOTICE To obtain information or make a complaint: You may contact Harco National Insurance Company at: 1-800-333-4167 You may also write to: Harco National Insurance Company c/o IAT Surety at: Attn: Claims Department One Newark Center, 20"' Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: l -800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: Cons umerProtection6iDtdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede comunicarse con su Harco National Insurance Company al: 1-800-333-4167 Usted tambien puede escribir a Harco National Insurance Company c/o IAT Surety at: Attn: Claims Department One Newark Center, 20" Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a7,tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0061 14 -1 PAYMENT BOND Page 1 of 2 SECTION 00 6114 Bond# 3010787 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, The Fain Group, LLC , known as "Principal" herein, and Harco National Insurance Company ,a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Eight Hundred Eiehty-Three Thousand. Eight Hundred -Ninety -Three and 00/100 Dollars ($883193.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 9th day of June , 20 26 , which Contract is hereby referred to and made 18 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 19 and other accessories as defined by law, in the prosecution of the Work as provided for in said 20 Contract and designated as 2018 Bond Railroad Trinity Railway Express at North Beach Street 21 Safety Improvements, City Project No.101865. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 8, 2023 0061 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 9th day of 3 June .20 26 4 ATTEST: ATTEST: (Surety) Secretary Niamp ,�-ajar Witness as o Surety va h Jaeger PRINCIPAL: The Fain Group, LLC //7 BY: �/ ��gn e -0--c cy �r�7 i eT residPn� Name an Title Address: 2500 Great Southwest Pkwy. Fort Worth, TX 76106 SURETY: Harco National Insurance Comvan BY: x0, , LAC L& a S"re ' �,) Jennifer J. Biehle, Attorney -In -Fact Name and Title Address: One Newark Center, 20th Floor Newark, NJ 07102 Telephone Number: 800-333-4167 Email Address: JenniferB@TheNitscheGroup.com 5 6 Note: If signed by an officer ofthe Surety, there must be on file a certified extract from the bylaws 7 showing that this person has authority to sign such obligation. If Surety's physical address is 8 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 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 8, 2023 tY STATE OF NEW JERSEY STATE OF ILLINOIS �pPQ0R4���� County of Essex County of Cook c SEAL T t 1904 �a d,�7f+E Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond # 3010787 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint GARY A. NITSCHE, NINA K. SMITH, KENNETH NITSCHE, ROBERT K. NITSCHE, CRAIG T. PARKER, ROBERT JAMES NITSCHE, JENNIFER J. BIEHLE Giddings, TX their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed. required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025 `O?GppaOh,y��� a` SEAL '•": y; :0: O t• 1984 On this 31st day of December, 2025 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Cornpan!es; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. �OTAR� . � 0G �! �TFOF NEVI ���' Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, June 09, 2026 A00134 Irene Martins, Assistant Secretary IMPORTANT NOTICE To obtain information or make a complaint: You may contact Harco National Insurance Company at: 1-800-333-4167 You may also write to: Harco National Insurance Company c/o IAT Surety at: Attn: Claims Department One Newark Center, 20"' Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: l -800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: Cons umerProtection6iDtdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede comunicarse con su Harco National Insurance Company al: 1-800-333-4167 Usted tambien puede escribir a Harco National Insurance Company c/o IAT Surety at: Attn: Claims Department One Newark Center, 20" Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a7,tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Flores, Sophia From: Jennifer Biehle <JenniferB@theNITSCHEgroup.com> Sent: Wednesday, June 24, 2026 1:21 PM To: Flores, Sophia Cc: Fields, Nicholas S Subject: RE: Verification of Bond# 3010787 This message is from an external organization. This message came from outside your organization. Report Suspicious Sorry for the delayed response. Yes our agency issued this Payment and Performance bond on June 9, 2026 in the amount of $883,893 to City of Fort Worth for Railroad Trinity Railway Express at North Beach Street. I signed the bond as attorney -in -Fact. Please let me know if you need any additional information. Thankyou Jennifer Biehle JenniferBCa)TheNitscheGroup.com 143 E. Austin, Giddings, TX 78942 PH 979-540-2225/ FX 979-542-1040 THE N ITSCH E GROUP From: Flores, Sophia <Sophia.Flores2@fortworthtexas.gov> Sent: Tuesday, June 23, 2026 3:28 PM To: Jennifer Biehle <JenniferB@theNITSCHEgroup.com> Cc: Fields, Nicholas S <Nicholas.Fields@fortworthtexas.gov> Subject: Verification of Bond# 3010787 Hello Jennifer, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from The Fain Group, LLC.: Bond #3010787, in the amount of $883,893.00, issued by Harco National Insurance Company for City Project #101865, 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to The Fain Group, LLC. If this is not the right bond verification address, please provide for Harco National Insurance Company. Thank you, FORT WORTH. Disclaimer Sophia Flores Contract Compliance Specialist Transportation & Public Works Office 817-392-2026 100 Fort Worth Trail, Fort Worth, TX 76102 CONNECT WITH US. 0 0 0 0 The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware by mimecast. COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions: If we cancel this policy by notice to the first Named Insured, for any statutorily permitted reason other than for non- payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to any person(s) or organization(s) with whom you have agreed in a written contract or agreement to provide such person(s) or organization(s) with a notice of cancellation but only if: 1. You have provided the name and address of such person(s) or organization(s) to your authorized agent; and 2. Your authorized agent provides us with that list within three (3) business days from the date we request it from them. If notice is mailed, proof of mailing to the last known mailing address of such person(s) or organization(s) will be sufficient proof of notice. Failure to provide such notice to such person(s) or organization(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us, our agents or our representatives. IL7447.6(10-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 POLICY NUMBER: BBB3427 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section I — Coverage A, Exclusion a. is amended as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. NON -OWNED WATERCRAFT Section I — Coverage A, Exclusion g. (2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge. C. PROPERTY DAMAGE CARE, CUSTODY OR CONTROL Section I -Coverage A, Exclusion 2.j.(4) is deleted and replaced with the following: (4) Personal property in the care, custody, or control of the insured. This exclusion applies only to that portion of any "property damage" to personal property in the care, custody, or control of the insured in excess of $25,000 per "occurrence." D. REAL PROPERTY UPON WHICH OPERATIONS ARE BEING PERFORMED Section I -Coverage A, Exclusion 2.j.(5) is deleted and replaced with the following: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations. This exclusion applies only to that portion of any "property damage" to that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, that arises out of those operations and is in excess of $25,000 per "occurrence." E. PROPERTY DAMAGE — ELEVATORS Section I — Coverage A.2. Exclusions Paragraphs j. (3), j. (4), j. (6) and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions, Paragraph 4. Other Insurance is changed accordingly. F. FIRE, LIGHTNING, OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning, or explosion wherever it appears in the Coverage Form. Under Section I — Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. G MEDICAL PAYMENTS If Section I — Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. H. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B, Paragraphs 1.b. and 1.d. are replaced by the following: 1.b.Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SUBSIDIARIES AS INSUREDS CG7759(5-23) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 Section II — Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy's limits of liability. J. BLANKET ADDITIONAL INSUREDS SECTION II — WHO IS AN INSURED is amended to include as an additional insured: 1. Ongoing Operations a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement, or written permit that such person or organization be added as an additional Insured on your commercial general liability policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above. If the written contract, written agreement, or written permit requires the additional insured be added with respect to liability arising out of your ongoing operations, or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG2010(10-01) edition or its equivalent, such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed under that contract, agreement, or permit. If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of your ongoing operations, or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG2010(7-04) (or subsequent) edition or its equivalent, then such person or organization is an additional insured only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your ongoing operations performed under that contract, agreement, or permit. 2. Completed Operations SECTION II — WHO IS AN INSURED is amended to include as an additional insured: a. Any person or organization for whom you are performing or have performed operations when you and such person or organization have agreed in a written contract, written agreement, or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above. If the written contract, written agreement, or written permit requires the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard", or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10-01 edition or its equivalent, such person or organization is an additional insured only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard", or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG2037(7-04) (or subsequent) edition or its equivalent, then such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". CG7759(5-23) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 3. The insurance afforded to the additional insureds in Paragraphs 1. and 2. above: a. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury', "property damage" or "personal and advertising injury"; b. Only applies to the extent permitted by law; and c. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. 4. Exclusions a. With respect to the insurance afforded to additional insureds under a. Ongoing Operations the following is added to 2. Exclusions under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations, the following is added to 2. Exclusions under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 5. Conditions With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations the following is added to Paragraph 4. Other Insurance, a. Primary Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in a written contract, written agreement, or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. K. COVERAGE FOR INJURY TO CO -EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II —Who is an Insured, Paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co -"employee" or other "volunteer worker". Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectible insurance. L. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, Paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. M. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, Paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. CG7759(5-23) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 N. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, Paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or $500,000, whichever is higher, is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, smoke, or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. O. MEDICAL PAYMENTS — INCREASED LIMITS Section III — Limits of Insurance, Paragraph 7. is replaced by the following: 7. Subject to Paragraph 5. above, $10,000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by any one person, unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states: (a) No Coverage; or (b) $1,000; or (c) $5,000; or (d) A limit higher than $10,000 P. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Commercial General Liability Conditions, Paragraph 2. is amended to add the following: f, Q. PRIMARY AND NONCONTRIBUTORY — ADDITIONAL INSURED EXTENSION Section IV — Commercial General Liability Conditions, Paragraph 4. Other Insurance is amended to add the following: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. R. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES e. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim, applies only when the "occurrence" or S. offense is known to: (1) You, if you are an individual or a limited liability company; (2) A partner if you are a partnership; (3) A member or manager if you are a limited liability company; (4) An "executive officer" or insurance manager if you are a corporation; or (5) A trustee if you are a trust. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual or a limited liability company; (2) A partner if you are a partnership; (3) A member or manager if you are a limited liability company; (4) An "executive officer" or insurance manager if you are a corporation; or (5) A trustee if you are a trust Section IV — Commercial General Liability Conditions, Paragraph 6. Representations is amended to add the following: If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV — Commercial General Liability Condition, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. CG7759(5-23) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 T. MENTAL ANGUISH B. The following paragraph is added to SECTION Section V — Definition 3. is replaced by the following: III — LIMITS OF INSURANCE: "Bodily injury" means bodily injury, sickness or Subject to 5. above, the most we will pay under disease sustained by a person, including mental Coverage A for "property damage" because of all anguish or death resulting from bodily injury, sickness, loss of "electronic data' arising out of any one or disease. "occurrence" is a sub -limit of $25,000. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. V. ELECTRONIC DATA LIABILITY A. Exclusion p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2) The loss of loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above. W. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. Insured Contract is amended as follows: Paragraph c. is deleted in its entirety and replaced with the following: Any easement or license agreement. Paragraph f.(1) is deleted in its entirety. X. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to you. Y. AGGREGATE LIMITS PER LOCATION The General Aggregate Limit applies separately to each of your locations, but only when required by written contract, written agreement, or certificate of insurance. As respects this provision 8., your locations are premises you own, rent or use involving the same or connecting lots or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. However, your locations do not include any premises where you, or others acting on your behalf, are performing construction operations. Z. CONTRACTUAL LIABILITY — PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B., Paragraph 2. Exclusions, Paragraph e. Contractual Liability is deleted. AA.MOBILE EQUIPMENT Under the Section V — Definitions, Paragraph f.(1)(a), (b) and (c) of Mobile Equipment does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG7759(5-23) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 POLICY NUMBER: 6E59639 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE Section I — Covered Autos Paragraph C. Certain Trailers, Mobile Equipment, and Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided by this coverage form for an "auto" you own, the Physical Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the coverage provided for the vehicle being replaced. B. BLANKET ADDITIONAL INSUREDS The Who Is An Insured provision under Section II — Covered Autos Liability Coverage is amended to include the following as an "insured": 1. Any person or organization whom you have agreed in a written contract or agreement to name as an additional "insured" under your "auto" Policy to provide "bodily injury" or "property damage" coverage, but only with respects to liability arising out of the use of a covered "auto" you own, hire or borrow and resulting from the acts or omissions by you, any of your "employees" or agents. The insurance afforded to such additional "insured" will not be broader than that which you are required to provide for such additional "insured" and applies only to a written contract executed prior to the "bodily injury" or "property damage" and is still in force at the time of the "accident". 2. With respect to the insurance afforded to the additional "insured" described above, the following is added to Section — C. Limit Of Insurance Covered Autos Liability Coverage: (2) Available under the applicable Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations; whichever is less. C. EMPLOYEES AS INSUREDS The following is added to the Section II — Covered Autos Liability Coverage, Paragraph A.I. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. EMPLOYEE HIRED AUTOS 1. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance in the Business Auto Coverage Form is amended by the addition of the following: For Hired Auto Physical Damage Coverage any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: The most we will pay on behalf of the additional Any organization which you acquire or form after "insured" is the amount of insurance: the effective date of this Policy in which you (1) Required by the written contract or maintain ownership or majority interest. However: agreement described above, or CA7450(09-24) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the Policy period, whichever is earlier. F. SUBSIDIARIES AS INSUREDS Section II — Covered Autos Liability Coverage, A.1. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this Policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability Policy or was an "insured" under such a Policy but for termination of that Policy or the exhaustion of the Policy's limits of liability. G. SUPPLEMENTARY PAYMENTS Section II — Covered Autos Liability Coverage, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. H. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of Paragraph B. Exclusions in Section II — Covered Autos Liability Coverage does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. I. TOWING AND LABOR Section III — Physical Damage Coverage, A.2. Towing And Labor is replaced with the following: We will pay for Towing And Labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" that is a private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. J. LOCKSMITH SERVICES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. K. TRANSPORTATION EXPENSES Section III — Physical Damage Coverage, A.4. Coverage Extensions Subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the Policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like, kind and quality as the stolen covered "auto". L. ELECTRONIC EQUIPMENT COVERAGE ADDED LIMITS All electronic equipment that reproduces, receives or transmits audio, visual, or data signals in any one "loss" is $5,000, in addition to the sublimit in Paragraph C.1.b. of the Limits Of Insurance provision under Section III — Physical Damage Coverage. M. HIRED AUTO PHYSICAL DAMAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow is deemed to be a covered "auto" you own, subject to the following limit and deductible: (1) The most we will pay for loss to any leased, hired, rented or borrowed "auto" is the lesser of up to a limit of $100,000, Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. (3) Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will pay up to $1,000, in addition to the limit above, for Loss Of Use of a hired auto to a leasing or rental concern for a monetary loss CA7450(09-24) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 sustained, provided it results from an "accident" for which you are legally liable. However, coverage does not apply to any "auto" leased, hired, rented or borrowed in your Motor Carrier Operations and any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". N. AUTO LOAN/LEASE GAP COVERAGE Section III — Physical Damage Coverage Paragraph A.4. Coverage Extensions is amended by the addition of the following: Autos of the private passenger, light or medium trucks that are loaned or leased for a period of six months or longer and which have been provided Physical Damage Coverage is a covered "auto" under this Policy for which a premium charge has been made for Comprehensive, Specified Cause of Loss, or Collision Coverage. We will pay any unpaid amount due up to a limit of $10,000 on the lease or loan for a covered "auto", including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the Policy's Physical Damage Coverage; and 2. Any: a. Overdue or any deferred lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. The insurance provided by this Auto Loan/Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. O. PERSONAL PROPERTY OF OTHERS Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to Personal Property Of Others in or on your covered "auto" in the event of a covered "auto" loss. No deductibles apply to this coverage. P. PERSONAL EFFECTS COVERAGE Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your Personal Effects not otherwise covered in the Policy or, if you are an individual, the Personal Effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension Personal Effects means tangible property that is worn or carried by an insured including portable audio, visual, or electronic devices. Personal Effects does not include tools, jewelry, guns, money and securities, or musical instruments. Q. EXTRA EXPENSE FOR STOLEN AUTO Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes Of Loss Coverage. R. RENTAL REIMBURSEMENT EXPENSES Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this Policy. 2. We will pay for Rental Reimbursement Expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the Policy period beginning 24 hours after the "loss" and ending, regardless of the Policy's expiration, with the lesser of the following number of days a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a $2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your Rental Reimbursement Expenses which is not already provided for under the Physical Damage — Transportation Expense CA7450(09-24) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 Coverage Extension included in this For the purposes of this coverage extension a new endorsement. covered auto is defined as an "auto" of which you are 7. Coverage provided by this extension is excess the original owner that has not been previously titled over any other collectible insurance and/or which you purchased less than 180 days prior to the endorsement to this Policy. date of loss. S. VEHICLE WRAPS COVERAGE V. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT Section III — Physical Damage Coverage, A.4. Section III — Physical Damage Coverage, D. Coverage Extensions is amended by adding the Deductible Subparagraph 2. is replaced by the following: following: Vehicle Wrap 2. Regardless of the number of covered "autos" 1. This coverage applies only to a covered "auto" damaged or stolen the maximum deductible for which Physical Damage Coverage is applicable for all "loss" in any one event caused by: provided on this Policy. a. Theft or Mischief or Vandalism; or 2. For loss solely to a "vehicle wrap" attached to a b. All Perils "covered auto" and damaged as a result of a covered Physical Damage "loss", coverage is c. Collision provided up to the lessor of the cost to repair, Will be equal to two times the highest deductible replacement cost or the original purchase cost applicable to any one covered "auto" on the Policy for of the vehicle wrap, whichever is less, up to Comprehensive, Specified Causes of Loss or $2,000 without a deductible. Collision Coverage. The application of the highest 3. All other "vehicle wrap" losses exceeding deductible used to calculate the maximum deductible $2,000 are subject to the policy Physical will be made regardless of which covered "autos" Damage Coverage, deductibles, and policy were damaged or stolen in the "loss". terms and conditions. W. GLASS COVERAGE As used herein, "vehicle wrap" means a vinyl Section III — Physical Damage Coverage, D. graphic applied directly over the original paint of the Deductible is amended by the addition of the vehicle for advertising or promotional purposes. following: This coverage does not apply to wear and tear. If the Comprehensive Coverage applies to the T. AIRBAG COVERAGE covered "autos", no Comprehensive Coverage Section III — Physical Damage Coverage, B.3.a. Deductible applies to the cost of repairing damaged "auto(s)". Exclusions is amended by adding the following: glass on the covered A $500 deductible applies to the cost of replacing damaged glass on the If you have purchased Comprehensive or Collision covered "auto(s)". Coverage under this Policy, the exclusion relating to X. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE mechanical breakdown does not apply to the TRACKING SYSTEM accidental discharge of an airbag. U. NEW VEHICLE REPLACEMENT COST Section III — Physical Damage D. Deductible is The following is added to Paragraph C. Limit Of amended by adding the following: Insurance of Section III — Physical Damage Comprehensive Coverage Deductible shown in the Coverage Declaration will be reduced by 50% for any "loss" In the event of a total "loss" to a covered "auto" you caused by theft of the vehicle when equipped with a own of the private passenger type or vehicle having a vehicle tracking device such as a radio tracking gross vehicle weight of 20,000 pounds or less, to device or a global positioning device and that which this coverage applies, we will pay to replace device was the method of recovery of the vehicle. such covered "auto", minus any applicable deductible Y. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, shown in the Declarations, at your option: SUIT, OR LOSS a. The verifiable new vehicle purchase price you Section IV — Business Auto Conditions, A.2. paid for your damaged vehicle, not including any Duties In The Event Of Accident, Claim, Suit Or insurance or warranties. Loss is amended by adding the following: b. The purchase price, as negotiated by us, of a Your obligation to notify us promptly of an "accident', new vehicle of the same make, model, and claim, "suit' or "loss" is satisfied if you send us the equipment, or most similar model available, not required notice as soon as practicable after your including any furnishings, parts, or equipment not Insurance Administrator or anyone else designated by installed by the manufacturer or their dealership. you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident', claim, C. The market value of your damaged vehicle, not "suit' or "loss". including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. Z. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY We will not pay for initiation or set up costs associated with a loans or leases. CA7450(09-24) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 Subparagraph 5. of Paragraph A. Loss Conditions of Section IV — Business Auto Conditions is deleted in its entirety and replaced with the following. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, we waive any right of recovery we may have against any person, or organization with whom you have a written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. AA. PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Section IV — Business Auto Conditions, B. General Conditions, 5. Other Insurance c. is replaced by the following: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your Policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". However, coverage does not apply to any "auto" leased, hired, rented or borrowed in your Motor Carrier Operations and any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AB. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Business Auto Conditions, B.2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this Policy, we will not deny coverage under this Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. AC. MENTAL ANGUISH Section V — Definitions, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. AD. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(09-24) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 Tex,qSMutuai" WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/1/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002073049 of Texas Mutual Insurance Company effective on 2/1/26 l�1C�ai•��:I�y_11�[el:Z�l�J�l�[� NCCI Carrier Code: 29939 This is not a bill i/ ram•• i Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 1 /29/25 WC420304B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1 — Definitions and Terminology ............................................... 1.01 Defined Terms.................................................................... 1.02 Terminology....................................................................... Article 2 — Preliminary Matters.................................................................. 2.01 Copies of Documents............................................................. 2.02 Commencement of Contract Time; Notice to Proceed ......... 2.03 Starting the Work................................................................... 2.04 Before Starting Construction ................................................. 2.05 Preconstruction Conference ................................................... 2.06 Public Meeting....................................................................... 2.07 Initial Acceptance of Schedules ............................................. Page ..1 ..1 .. 6 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............................................................................................................................ I I Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 — Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1, 2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Working Hours........................................................... Services, Materials, and Equipment ...................................... ProjectSchedule..................................................................... Substitutes and "Or -Equals" .................................................. Concerning Subcontractors, Suppliers, and Others ............... WageRates............................................................................. Patent Fees and Royalties...................................................... Parmitc anrd ITtilitiac Laws and Regulations............................................................ Taxes...................................................................................... Use of Site and Other Areas .................................................. Record Documents................................................................. Safety and Protection............................................................. Safety Representative............................................................. Hazard Communication Programs ........................................ Emergencies and/or Rectification .......................................... Submittals.............................................................................. . Continuing the Work.............................................................. Contractor's General Warranty and Guarantee ..................... Indemnification...................................................................... Delegation of Professional Design Services ......................... Rightto Audit......................................................................... Nondiscrimination.................................................................. Article 7 - Other Work at the Site............ 7.01 Related Work at Site ............ 7.02 Coordination ......................... ..................................................... 20 ..................................................... 20 ..................................................... 21 ..................................................... 21 ..................................................... 24 ..................................................... 25 ..................................................... 26 ..................................................... 27 ..................................................... 27 ..................................................... 28 ..................................................... 28 ..................................................... 29 ..................................................... 29 ..................................................... 30 ..................................................... 30 ..................................................... 30 ..................................................... 31 ..................................................... 32 ..................................................... 32 ................................................... 33 ..................................................... 34 ..................................................... 34 ..................................................... 35 ................................................................................................ 35 ................................................................................................ 35 ................................................................................................ 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 Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................ 37 9.03 Authorized Variations in Work.................................................................................................. 38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed.......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1, 2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Article 10 - Changes in the Work; Claims; Extra Work........... 10.01 Authorized Changes in the Work .......................... 10.02 Unauthorized Changes in the Work ...................... 10.03 Execution of Change Orders .................................. 10.04 Extra Work............................................................. 10.05 Notification to Surety ............................................. 10.06 Contract Claims Process ........................................ ................................................................ 38 ................................................................ 38 ................................................................ 39 ................................................................ 39 ................................................................ 39 ................................................................ 39 ................................................................ 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 Article16 - Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1, 2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Article 17 —Miscellaneous .................... 17.01 Giving Notice .................... 17.02 Computation of Times ...... 17.03 Cumulative Remedies ....... 17.04 Survival of Obligations ..... 17.05 Headings ............................ ...................................................................................................... 62 ...................................................................................................... 62 ...................................................................................................... 62 ...................................................................................................... 62 ...................................................................................................... 63 ...................................................................................................... 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1, 2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 12. 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. 13. 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. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. 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. 18. 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. 19. 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. 20. 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). 21. 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. 22. Contractor —The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 24. 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. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. 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. 35. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 37. 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. 38. General Requirements —Sections of Division 1 of the Contract Documents. 39. 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. 40. 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. 41. 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. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. 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. 44. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. 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. 46. 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. 47. PCBs —Polychlorinated biphenyls. 48. 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. 49. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 5 of 63 50. 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. 51. Project —The Work to be performed under the Contract Documents. 52. Project Manager —The authorized representative of the City who will be assigned to the Site. 53. 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. 54. 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. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. 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. 57. 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. 58. 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. 59. 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. 60. 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. 61. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 62. 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. 63. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 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 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 fiarnished 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 no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 the Public Meeting if scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 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: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. 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. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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. "Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if. a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City 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 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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. Small Business Goal Compliance: It is City policy to foster competition, expand the supplier base, and promote and encourage the participation of small business firms in the City's contracting opportunities. If the Contract Documents provide for a small business goal, Contractor shall comply with the City's Small Business Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a contracted small business and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted small businesses without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment. 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 the small business(es). 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 the disqualification of the Contractor to bid on future contracts with the City for a period of not less than one year. 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: 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 25 of 63 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 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 I1th 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 parry 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. Affadavit. Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code related to paying prevailing wage rates on completion of the project. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 6.09.13. 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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: htWs://comptroller.texas.gov/taxes/permit/ 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 Oct of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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: the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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: 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 11.01.13, 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 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 11.0I.A.1 or specifically covered by Paragraph 11.0 LAA, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 i£ 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 12.0l.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 12.0l.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, H.0t.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be 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 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 11.0l.A.1 and 11.0l.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 11.0l.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 maybe 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. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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. 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 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: 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 described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any 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 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 Finallnspection A. Upon written notice from Contractor that the entire Work is Substantially 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 ("Punch List Items"). 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 to the City of Substantial Completion 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. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 for employees, subcontractors, and suppliers; 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 72 00 - 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 SPECIFICATION DOCUMENTS Revision: September 1,2025 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 9 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. If any provisions of the 00 72 00 — General Conditions conflict or differ with any TxDOT Specifications or Standards, the TxDOT Specifications or Standards shall govern. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. The following sections and/or subsections shall be omitted: • Article 1, 1.0l.A.43 • Article 1, 1.0l.A.55 • Article 1, 1.0l.A.60 • Article 1, 1.0l.A.69 • Article 2, 2.02 • Article 3, 3.01.13 • Article 3, 3.01.E • Article 3, 3.02 • Article 5, 5.0213 • Article 6, 6.06C • Article 6, 6.06.13 • Article 6, 6.07.A • Article 11 • Article 14, 14.01 • Article 17.02 SC-3.0313.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 9 SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of October 31, 2025: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of October 31, 2025. EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 9 SC-5.02 Performance Payment, and Alai tend^^^ Bonds Delete 5.02 B SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Kimley-Horn and Associates, Inc. (3) Other: DART/TRE SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 9 SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks Trinity Metro/Dallas Area Rapid Transit tracks. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $10,000,000.00 (2) Each Occurrence: $5,000,000.00 X Required for this Contract Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 9 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. The following are TRE/DART specific insurance requirements: 1) Prior to start of the Work or entry onto the Property, Contractor shall procure and maintain, at its sole cost and expense, the following types and amounts of insurance. a. Commercial General Liability with Contractual Liability Endorsement i. Per occurrence limit of at least $5,000,000 ($5,000,000 general aggregate and $5,000,000 products -completed operations aggregate) ii. Contractual Liability — Railroads Endorsement iii. Primary and Non -Contributory Endorsement iv. Cross liability or separation of insureds endorsement v. Endorsement naming DART, Railroad, and their respective directors, officers, representatives, contractors, agents, and employees as additional insureds with respect to ongoing and completed operations performed by or on behalf of Contractor vi. Waiver of Subrogation Endorsement b. Commercial Automobile Liability Policy i. Combined single limit of at least $2,000,000 per occurrence ii. Coverage for Owned, Hired and Non -owned vehicles iii. Endorsement deleting all exclusions for work performed near a railroad iv. Endorsement naming DART, Railroad, and their respective directors, officers, representatives, contractors, agents, and employees as additional insureds v. Primary Non -Contributory Endorsement vi. Waiver of Subrogation Endorsement c. Workers' Compensation Insurance i. Providing statutory benefits under the Workers' Compensation Act of the State of Texas and/or any other state or federal law applicable to Contractor's employees performance of the Work ii. Employer's Liability Insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 each employee for disease, and $1,000,000 policy limit for disease iii. Waiver of Subrogation Endorsement d. Railroad Protective Liability i. Amount not less than $5,000,000 per occurrence, $10,000,000 aggregate DART and Railroad listed as Named Insureds- "Railroad" shall mean: BNSF Railway Company, Union Pacific Railroad Company, Fort Worth & Western Railroad Company, Dallas, Garland and Northeastern Railroad, Inc., National Railroad Passenger Corporation (Amtrak), Herzog Transit Services, Inc., Herzog Technologies, Inc., and Herzog Contracting Corp. e. Payment Bond i. In addition to the insurance requirements set out above, Contractor shall procure a payment bond guaranteeing the payment of flagging and other services provided by Herzog Transit Services, Inc. in the amount of $10,000.00. Contractor agrees to furnish DART with documentation of the payment bond. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 9 ii. Alternatively, in lieu of procuring a payment bond, Contractor agrees to pre -pay for all flagging and other services provided by Herzog Transit Services, Inc. By signing below, Contractor understands and agrees that it will pre -pay for all flagging and services provided by Herzog Transit Services, Inc. In return for Contractor's agreement to pre -pay, DART shall waive the requirement of a payment bond. CONTRACTOR By: Printed Name: Title: Date Signed: 2) The form of coverage and insurers must be satisfactory to DART. Contractor shall furnish Certificates of Insurance, a copy of the Railroad Protection Liability Policy Declarations page, and copies of required endorsements (or, as and when DART may direct, copies of the actual insurance policies or other documentation) to DART as evidence of the coverages required by this Agreement. 3) Contractor shall provide no less than thirty (30) days' advance notice to DART if a policy required by this Agreement will be cancelled, non -renewed, or modified in a manner that will result in Contractor's noncompliance with the terms of this Agreement. 4) Contractor shall require any subcontractors performing Work at the Property to procure and maintain the same types and amounts of insurance required of Contractor under this Agreement. In the event a subcontractor is unable to furnish any insurance required under this Agreement, Contractor shall endorse the subcontractor as an Additional Insured or become an Alternate Employer. Contractor shall provide certificates of insurance evidencing subcontractors' Workers' Compensation insurance coverage to DART. All other insurance certificates for subcontractors shall be furnished to DART upon request. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07 A.., "Duty to pay Prevailing Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: United States Department of Labor's General Decisions dated 09-19-2025. A copy of the table is also available by accessing the City's website at: httt)s:Hani)s.fortworthtexas.Lov/Pro* ectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 7 of 9 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. Street Use Permit SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of October 31, 2025: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 6.20 Contractor's General Warranty and Guarantee Revise Section D as follows: 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. The City will give notice of observed defects with reasonable promptness. SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 8 of 9 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Iskal Shrestha, PE, or his successor pursuant to written notification from the Director of Transportation and Public Works. SC-13.03C., "Tests and Inspections" None SC-16.01C.1, "Methods and Procedures" None CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 00 73 00 SUPPLEMENTARY CONDITIONS Page 9 of 9 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. 10/06/23 Michael Owen SC-6.07, Allow affidavit regarding paying prevailing wages to be submitted on completion of job, as opposed to with each progress report 3/08/24 Michael Owen Removed revisions related to affidavit, as those changes have been made in General Conditions SC-5.02 Added notes to reviewer to delete Maintenance Bond if using T specifications 9l19/25 Michael OwenxDOT SC 6.20 Revised Contractors General Warranty and Guarantee language if using TxDOT specifications CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 011100-1 SUMMARY OF WORK SECTION 01 11 00 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY A. Section Includes: Pagel of 3 1. Summary of Work to be performed in accordance with the Contract Documents 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 I - 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. Work Covered by Contract Documents Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 011100-3 SUMMARY OF WORK Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND 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 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 012500-1 SUBSTITUTION PROCEDURES SECTION 01 25 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 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 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, 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 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. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. 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 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 012500-4 SUBSTITUTION PROCEDURES EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: Page 4 of 4 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 as noted Firm Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended Received late By Date Remarks Date Rej ected 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 P 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0129 75 MATERIALS ON HAND 01 29 75 - 1 MATERIALS ON HAND Page 1 of 3 5 A.This section should be used if payment is requested based on materials and equipment not 6 incorporated in the Work but delivered and suitably stored at the Site or at another 7 location agreed to in writing (Materials On Hand). 8 B.Payment for Materials On Hand (MOH) may be made for non-perishable materials that 9 are considered long lead-time items and have been approved for MOH payment. 10 1.2 SECTION INCLUDES: 11 A.Materials approved for MOH payment are as follows: 12 1. Water & Sewer Pipe greater than or equal to 24" diameter 13 2. Water Valves greater than or equal to 36" diameter 14 3. Reinforced Concrete Pipe greater than or equal to 84" diameter 15 4. Reinforced Concrete Box greater than or equal to 8' x 6' 16 5. Traffic Signal Poles, Masts, and Cabinets 17 6. Street Light Poles 18 B.Requirements for MOH 19 1. Materials must be stored on -site for a minimum of two (2) progress payment cycles 20 to qualify for MOH reimbursement. If materials are expected to be stored for a 21 shorter duration, MOH will not be paid. 22 2. For materials on Hand to be paid for, required submittal must been submitted and 23 approved. No MOH will be paid when MOH submittal have not been approved. 24 3. MOH must be stored in accordance with approved submittal requirements. 25 4. The contractor must maintain the proper insurance and retain the duty to protect the 26 materials per the included material specification or equipment per the 27 manufacturer's specifications. 28 C. The City may permit material storage at a third -parry facility, provided the facility is 29 bonded and insured. Any off -site storage location must receive prior written approval 30 from the City Project Manager. A copy of the written approval must be included with the 31 corresponding pay application. 32 D.Deviations from this City of Fort Worth Standard Specification 33 1. None. 34 E. Related Specification Sections include, but are not necessarily limited to: 35 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 36 Contract 37 2. Division 1— General Requirements CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 01 29 75 - 2 MATERIALS ON HAND Page 2 of 3 1 1.3 PRICE AND PAYMENT PROCEDURES 2 A.Measurement and Payment 3 1. Measurement and Payment 4 a. The material fumished in accordance with the specific item for which MOH is 5 allowed shall be measured and paid by the Lump Sum. 6 2. The price shall include: 7 a. Invoiced Cost of material ONLY 8 1.4 REFERENCES [NOT USED] 9 1.5 ADMINISTRATIVE REQUIREMENTS 10 A.A Change Order will be necessary. It will deduct the Bill of Sale quantity from the 11 original Furnish and Install quantity and add two separate line items —one for Furnish 12 and one for Install —each with its corresponding pricing. 13 1.6 SUBMITTALS 14 A.Contractor shall submit a Bill of Sale for the materials on hand properly identifying the 15 Project which shall be attached to the pay application and applicable materials to be 16 circled or highlighted, properly added up and totaled in documentation. 17 B. Submittals shall be in accordance with Section 01 33 00. 18 C.All submittals shall be approved by the Engineer or the City prior to delivery and/or 19 fabrication for specials. 20 1.7 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 21 A.Written agreement for offsite storage location 22 1.8 CLOSEOUT SUBMITTALS [NOT USED] 23 A.Maintenance Contracts 24 B. Operation and Maintenance Data 25 C. Warranty Documentation 26 D.Record Documentation 27 1.9 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.10 QUALITY ASSURANCE 29 A.The City shall confirm that the material or equipment conforms to specifications and is 30 properly marked and secured. 31 B.City's decision on what quantity of received material is to be paid is final. 32 1.11 DELIVERY, STORAGE, AND HANDLING 33 A.Title to the materials on hand passes automatically to the City of Fort Worth upon 34 delivery. 35 B. The risk of loss for the material or equipment does not pass to the City until the 36 associated Work is accepted. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 01 29 75 - 3 MATERIALS ON HAND Page 3 of 3 1 1.12 DELIVERY AND ACCEPTANCE REQUIREMENTS 2 A. Storage and Handling Requirements 3 B.Packaging Waste Management 4 1.13 FIELD [SITE] CONDITIONS [NOT USED] 5 A.Ambient Conditions 6 B.Existing Conditions 7 1.14 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised September 19, 2025 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 013119 PRECONSTRUCTION MEETING 013119-1 PRECONSTRUCTION MEETING Pagel 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 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 1, 2025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 0131 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing cc. Record Drawings ff. Temporary construction facilities gg. Final Acceptance hh. Final Payment ii. Questions or Comments 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 1, 2025 0131 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL 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] 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 9/l/2025 M Owen Deleted Section 1.4 B.5..hh, due to new Small Business Ordinance 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 1, 2025 SECTION 01 31 20 PROJECT MEETINGS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013120-1 PROJECT MEETINGS Pagel of 3 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 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 USEDI 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 31 20 - 2 PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions In. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 013120-3 PROJECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 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 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 32 16 -1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 10 1 SECTION 0132 16 2 CONSTRUCTION SCHEDULE 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 R 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 D. Purpose 16 The City of Fort Worth (City) is committed to delivering quality, cost-effective 17 infrastructure to its citizens in a timely manner. Akey tool to achieve this purpose is a 18 properly structured schedule with accurate updates. This supports effective monitoring 19 of progress and is input to critical decision making by the project manager throughout 20 the life of the project. Data from the updated project schedule is utilized in status 21 reporting to various levels of the City organization and the citizenry. 22 23 This Document complements the City's Standard Agreement to guide the construction 24 contractor (Contractor) in preparing and submitting acceptable schedules for use by the 25 City in project delivery. The expectation is the performance of the work follows the 26 accepted schedule and adhere to the contractual timeline. 27 28 The Contractor will designate a qualified representative (Project Scheduler) responsible 29 for developing and updating the schedule and preparing status reporting as required by 30 the City. 31 1.2 PRICE AND PAYMENT PROCEDURES 32 A Measurement and Payment 33 1. Work associated with this Item is considered subsidiary to the various items bid. 34 No separate payment will be allowed for this Item. 35 2. Non-compliance with this specification is grounds for City to withhold payment of 36 the Contractor's invoices until Contractor achieves said compliance. 37 1.3 REFERENCES 38 A. Project Schedules 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2of10 Each project is represented by City's master project schedule that encompasses the entire scope of activities envisioned by the City to properly deliver the work. When the City contracts with a Contractor to perform construction of the Work, the Contractor will develop and maintain a schedule for their scope of work in alignment with the City's standard schedule requirements as defined herein. The data and information of each such schedule will be leveraged and become integral in the master project schedule as deemed appropriate by the City's Project Control Specialist and approved by the City's Project Manager. 10 1. Master Project Schedule 11 The master project schedule is a holistic representation of the scheduled activities 12 and milestones for the total project and be Critical Path Method (CPM) based. The 13 City's Project Manager is accountable for oversight of the development and 14 maintaining a master project schedule for each project. When the City contracts for 15 the design and/or construction of the project, the master project schedule will 16 incorporate elements of the Design and Construction schedules as deemed 17 appropriate by the City's Project Control Specialist. The assigned City Project 18 Control Specialist creates and maintains the master project schedule in P6 (City's 19 scheduling software). 20 21 2. Construction Schedule 22 The Contractor is responsible for developing and maintaining a schedule for the 23 scope of the Contractor's contractual requirements. The Contractor will issue an 24 initial schedule for review and acceptance by the City's Project Control Specialist 25 and the City's Project Manager as a baseline schedule for Contractor's scope of 26 work. Contractor will issue current, accurate updates of their schedule (Progress 27 Schedule) to the City at the end of each month throughout the life of their work. 28 B. Schedule Tiers 29 The City has aportfolio of projects that vary widely in size, complexity and content 30 requiring different scheduling to effectively deliver each project. The City uses a 31 "tiered" approach to align the proper schedule with the criteria for each project. The 32 City's Project Manager determines the appropriate schedule tier for each project, and 33 includes that designation and the associated requirements in the Contractor's scope of 34 work. The following is a summary of the "tiers 35 36 1. Tier 1: Small Size and Short Duration Project (design not required) 37 The City develops and maintains a Master Project Schedule for the project. No 38 schedule submittal is required from Contractor. City's Project Control Specialist 39 acquires any necessary schedule status data or information through discussions with 40 the respective party on an as -needed basis. 41 42 2. Tier 2: Small Size and Short to Medium Duration Project 43 The City develops and maintains a Master Project Schedule for the project. The 44 Contractor identifies "start" and "finish" milestone dates on key elements of their 45 work as agreed with the City's Project Manager at the kickoff of their work effort. 46 The Contractor issues to the City, updates to the "start" and "finish" dates for such 47 milestones at the end of each month throughout the life of their work on the project. 48 49 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 Oi 32 16 -3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 1 The City develops and maintains a Master Project Schedule for the project. The 2 Contractor develops a Baseline Schedule and maintains the schedule of their 3 respective scope of work on the project at a level of detail (generally Level 3) and in 4 alignment with the WBS structure in Section 1.4.H as agreed by the Project 5 Manager. The Contractor issues to the City, updates of their respective schedule 6 (Progress Schedule) at the end of each month throughout the life of their work on the 7 projec t. 8 C. Schedule Types 9 Project delivery for the City utilizes two types of schedules as noted below. The City 10 develops and maintains a Master Project Schedule as a "baseline" schedule and issue 11 monthly updates to the City Project Manager (end of each month) as a "progress" 12 schedule. The Contractor prepares and submits each schedule type to fulfill their 13 contractual requirements. 14 15 1. Baseline Schedule 16 The Contractor develops and submits to the City, an initial schedule for their scope 17 of work in alignment with this specification. Once reviewed and accepted by the 18 City, it becomes the "Baseline" schedule and is the basis against which all progress 19 is measured. The baseline schedule will be updated when there is a change or 20 addition to the scope of work impacting the duration of the work, and only after 21 receipt of a duly authorized change order is sued by the City. In the event progress is 22 significantly behind schedule, the City's Project Manager may authorize an update 23 to the baseline schedule to facilitate a more practical evaluation of progress. An 24 example of a Baseline Schedule is provided in Specific ation 0132 16.1 25 Construction Project Schedule Baseline Example. 26 27 2. Progress Schedule 28 The Contractor updates their schedule at the end of each month to represent the 29 progress achieved in the work which includes any impact from authorized changes 30 in the work. The updated schedule must accurately reflect the current status of the 31 work at that point in time and is referred to as the "Progress Schedule". The City's 32 Project Manager and Project Control Specialist reviews and accepts each progress 33 schedule, In the event aprogress schedule is deemed not acceptable, the 34 unacceptable issues are identified by the City within 5 working days and the 35 Contractor must provide an acceptable progress schedule within 5 working days 36 after receipt of non -acceptance notification. An example of a Progress Schedule is 37 provided in Specification 01 32 16.2 Construction Project Schedule Progress 38 Example. 39 D. City Standard Schedule requirements 40 The following is an overview of the methodology for developing and maintaining a 41 s c hedule for delivery of a project. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 M. 01 32 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 1. Schedule Framework - The schedule will be based on the defined scope of work and follow the (Critical Path Methodology) CPM method. The Contractor's schedule will align with the requirements of this specification and will be cost loaded to reflect their plan for execution. Compliance with cost loading can be provided with traditional cost loading of line items OR a projected cost per month for the project when the initial schedule is submitted, updated on a quarterly basis is significant change is anticipated. Overall schedule duration will align with the contractual requirements for the respective scope of work and be reflected in City's Master Project Schedule. The Project Number and Name of the Project is required on each schedule and must match the City's project data. E. Schedule File Name All schedules submitted to the City for a project will have a file name that begins with the City's project number followed by the name of theproject followed by baseline (if a baseline schedule) or theyearandmonth (ifaprogress schedule), as shownbelow. • Baseline Schedule File Name Format: City Project Number —Project Name —Baseline Example: 101376 North Montgomery Street HMAC Baseline • Progress Schedule File Name Format: City Project Number —Project Name_YYYY-MM Example: 101376 North Montgomery Street HMAC 2018_01 • Project Schedule Progress Narrative File Name Format: City Project Number —Project Name PN_YYYY-MM Example: 101376 North Montgomery Street HMAC PN 2018_01 F. Schedule Templates The Contractor will utilize the relevant sections from the City's templates provided in the City's document management system as the basis for creating their respective project schedule. Specifically, the Contractor's schedule will align with the layout of the Construction section. The templates are identified by type of project as noted below. • Arterials • Aviation • Neighborhood Streets • Sidewalks (later) • Quiet Zones (later) • Street Lights (later) • Intersection Improvements (later) • Parks • Storm water • Street Maintenance • Traffic • Water G. Schedule Calendar 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 32 16 - 5 CONSTRUCTION PROGRESS SCHEDULE Page 5of10 1 The City's standard calendar for schedule development purposes is based on a 5-day 2 workweek and accounts for the City's eight standard holidays (New Years, Martin 3 Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, 4 Christmas). The Contractor will establish a schedule calendar as part of the schedule 5 development process and provide to the Project Control Specialist as part of the basis 6 for their schedule. Variations between the City's calendar and the Contractor's 7 calendar must be resolved prior to the City's acceptance of their Baseline project 8 schedule. 10 H. WBS & Milestone Standards for Schedule Development 11 The scope of work to be accomplished by the Contractor is represented in the schedule 12 in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 13 development of the schedule activities and shall be imbedded and depicted in the 14 schedule. 15 16 The following is a summary of the standards to be followed in preparing and 17 maintaining a schedule for project delivery. 18 19 1. Contractor is required to utilize the City's WBS structure and respective 20 project type template for "Construction" as shown in Section 1.4.1-1below. 21 Additional activities maybe added to Levels 1 - 4 to accommodate the needs 22 of the organization executing the work. Specifically the Contractor will add 23 activities under WBS XXXXXX 80.83 "Construction Execution" that 24 delineates the activities associated with the various components of the work. 25 26 2. Contractor is required to adhere to the City's Standard Milestones as shown 27 in Section 1.4.I below. Contractor will include additional milestones 28 representing intermediate deliverables as required to accurately reflect their 29 scope of work. 30 31 I. Schedule Activities 32 Activities are the discrete elements of work that make up the schedule. They willbe 33 organized under the umbrella of the WBS. Activity descriptions should adequately 34 describe the activity, and in some cases the extent of the activity. All activities are 35 logically tied with a predecessor and a successor. The only exception to this rule is for 36 "project start" and "project finish" milestones. 37 38 The activity duration is based on the physical amount of work to be performed for the 39 stated activity, with a maximum duration of 20 working days OR a continuous activity 40 in one location. If the work for any one activity exceeds 20 days, break that activity 41 down incrementally to achieve this duration constraint. Any exception to this requires 42 review and acceptance by the City's Project Control Specialist. 43 44 J. Change Orders 45 When a Change Order is issued by the City, the impact is incorporated into the 46 previously accepted baseline schedule as an update, to clearly show impact to the 47 project timeline. The Contractor submits this updated baseline schedule to the City for 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 01 32 16 - 6 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 review and acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the following: 1. Time extensions associated with approved contract modifications are limited to the actual amount of time the project activities are anticipated to be delayed, unless otherwise approved by the Program Manager. 2. The re-baselined schedule is submitted by the Contractor within ten 1porkdays after the date of receipt of the approved Change Order. 3. The changes in logic or durations approved by the City are used to analyze the impact of the change and is included in the Change Order. The coding for a new activity(s) added to the schedule for the Change Order includes the Change Order number in the Activity ID. Use as many activities as needed to accurately show the work of the Change Order. Revisions to the baseline schedule are not effective until accepted by the City. K City's Work Breakdown Structure WBS Code WBS Name XXXXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Contractor Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction X0XXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution XXXXXX. 80. 85 Inspection XXXXXX.80.86 Landscaping XXXX'XX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closure L. City's Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 32 16 - 7 CONSTRUCTION PROGRESS SCHEDULE Page 7of10 Activity ID Activity Name Design 3020 Award Design Agreement 3040 Issue Notice to Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed 38 39 1.4 SUBMITTALS 40 A Schedule Submittal & Review 41 The City's Project Manager is responsible for reviews and acceptance of the Contractor's 42 schedule. The City's Project Control Specialist is responsible for ensuring alignment of 43 the Contractor's baseline and progress schedules with the Master Project Schedule as 44 support to the City's Project Manager. The City reviews and accepts or rejects the 45 schedule within ten workdays of Contractor's submittal. 46 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 32 16 - 8 CONSTRUCTION PROGRESS SCHEDULE Page 8of10 1 1. Schedule Format 2 The Contractor will submit each schedule in two electronic forms, one in native file 3 format (.xer, .xml, .mpx) and the second in a pdf format, in the City's document 4 management system in the location dedicated for this purpose and identified by the 5 Project Manager. In the event the Contractor does not use Primavera P6 or MS 6 Project for scheduling purposes, the schedule information must be submitted in .xls or 7 .xlsx format in compliance with the sample layout (See Specification 0132 16.1 8 Construction Project Schedule Baseline Example), including activity predecessors, 9 successors and total float. 10 11 2. Initial & Baseline Schedule 12 The Contractor will develop their schedule for their scope of work and submit their 13 initial schedule in electronic form (in the isle formats noted above), in the City's 14 document management system in the location dedicated for this purpose at least 5 15 working days prior to Pre Construction Meeting. 16 17 The City's Project Manager and Project Control Specialist review this initial schedule 18 to determine alignment with the City's Master Project Schedule, including format & 19 WBS structure. Following the City's review, feedback is provided to the Contractor 20 for their use in finalizing their initial schedule and issuing (within five workdays) their 21 Baseline Schedule for final review and acceptance by the City. 22 23 3. Progress Schedule 24 The Contractor will update and issue their project schedule (Progress Schedule) by the 25 last day of each month throughout the life of their work on the project. The Progress 26 Schedule is submitted in electronic form as noted above, in the City's document 27 management system in the location dedicated for this purpose. 28 29 The City's Project Control team reviews each Progress Schedule for data and 30 information that support the assessment of the update to the schedule. In the event 31 data or information is missing or incomplete, the Project Controls Specialist 32 communicates directly with the Contractor's scheduler for providing same. The 33 Contractor re -submits the corrected Progress Schedule within S workdays, following 34 the submittal process noted above. The City's Project Manager and Project Control 35 Specialist review the Contractor's progress schedule for acceptance and to monitor 36 performance and progress. 37 38 The following list of items are required to ensure proper status information is 39 contained in the Progress Schedule. 40 • Baseline Start date 41 • Baseline Finish Date 42 • % Complete 43 • Float 44 • Activity Logic (dependencies) 45 • Critical Path 46 • Activities added or deleted 47 • Expected Baseline Finish date 48 • Variance to the Baseline Finish Date 49 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 32 16 - 9 CONSTRUCTION PROGRESS SCHEDULE Page 9of10 1 B. Monthly Construction Status Report 2 The Contractor submits a written status report (referred to as a progress narrative) at the 3 monthly progress meeting (if monthly meetings are held) or at the end of each month to 4 accompany the Progress Schedule submittal, using the standard format provided in 5 Specification 0132 16.3 Construction Project Schedule Progress Narrative. The content 6 of the Construction Project Schedule Progress Narrative should be concise and complete 7 to include only changes, delays, and anticipated problems. 8 9 C. Submittal Process 10 • Schedules and Monthly Construction Status Reports are submitted in in the City's 11 document management system in the location dedicated for this purpose. 12 • Once the project has been completed and Final Acceptance has been issued by the 13 City, no further progress schedules or construction status reports are required from 14 the Contractor. 15 1. 16 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 17 1.6 CLOSEOUT SUBMITTALS [NOT USED] 18 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 1.8 QUALITY ASSURANCE 20 A. The person preparing and revising the construction Progress Schedule shall be 21 experienced in the preparation of schedules of similar complexity. 22 B. Schedule and supporting documents addressed in this Specification shall be prepared, 23 updated and revised to accurately reflect the performance of the construction. 24 C. Contractor is responsible for the quality of all submittals in this section meeting the 25 standard of care for the construction industry for similar projects. 26 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 27 1.10 FIELD [SITE] CONDITIONS [NOT USED] 28 1.11 WARRANTY [NOT USED] rfZ KNKIVVWT _.1U 1 L 6-i 30 Spec 01 32 16.1 Construction Project Schedule Baseline Example 31 Spec 01 32 16.2 Construction Project Schedule Progress Example 32 Spec 01 32 16.3 Construction Project Schedule Progress Narrative 33 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 3216 -10 CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION [NOT USED] 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/13/2021 Michael Owen Revised to update specification requirements and eliminate duplicate schedule specifications. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.1 CONSTRUCTION PROGRESS SCHEDULE —BASELINE EXAMPLE Pagel of 5 1 SECTION 0132 16.1 2 CONSTRUCTION SCHEDULE — BASELINE EXAMPLE 3 PARTI- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The following is an example of a Contractor's project schedule that illustrates the data and expectation for schedule content depicting the baseline for the project. This version of the schedule is referred to as a "baseline" schedule. This example is intended to provide guidance for the Contractor when developing and submitting a baseline schedule. See CFW Specification 0132 16 Construction Schedule for details and requirements regarding the Contractor's project schedule. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.1 CONSTRUCTION PROGRESS SCHEDULE -BASELINE EXAMPLE Page 2 of 5 X - co ° ;..........I........ e ------------------------------ --------- ' --------• - C� a ctif--------- - ..__..,.. - - ---------------- ----- ❑ w a. Im C) pp O I El El vl na Elf A_ �i" c 4 �o4i-iI ., . ii � � SY - -. �, r, �n � � � i ^ ",- a� n z '�� � ,r. �,-• � I I di 0 4E i -• SCCA W L Mz Fs z U n z° - I I I 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.1 CONSTRUCTION PROGRESS SCHEDULE -BASELINE EXAMPLE Page 3 of 5 co i L� i L -------- w�4 40 1 4.1 LJ : . Q . ____ ------ -... --- rr 1 *I I0.0 17 CJ CI El .a O CT'. C {0 yL C SIi O 0 4..1 r= � 1 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.1 CONSTRUCTION PROGRESS SCHEDULE —BASELINE EXAMPLE Page 4 of 5 co .-------- r---- 40 ----------- ------------ 7- CJ 7 --------------------------------- ------------------ i. LE 'Z 0.0 --------------- ------- CA sa: rn El 1'lr 10 9 3. 20 o ru t E LL V L 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.1 CONSTRUCTION PROGRESS SCHEDULE —BASELINE EXAMPLE Page 5 of 5 M0I31ZI]OMOulu Y[o]eI Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue May 7, 2021 M Owen Revised name due to revising the schedule specification 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 01 32 16.2 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Pagel of 5 1 SECTION 0132 16.2 2 CONSTRUCTION SCHEDULE — PROGRESS EXAMPLE 3 PARTI- GENERAL 4 The following is an example of a Contractor's project schedule that illustrates the data and 5 expectation for schedule content depicting the progress for the project. This version of the 6 schedule is referred to as a "progress" schedule. This example is intended to provide 7 guidance for the Contractor when developing and submitting a progress schedule. See 8 CFW Specification 0132 16 Construction Schedule for details and requirements regarding 9 the Contractor's project schedule. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 O1 32 16.2 CONSTRUCTION PROGRESS SCHEDULE -PROGRESS EXAMPLE Page 2 of 5 F-, r ------------------------------ -. a<------------ z ------- ai _ s j t Q to rl � '�• � g L L E i¢ ��/a/ ¢ a i ,J)))))) 3 3 •s ,f3 i 3 e z V •,,t 1. it] cl�-' �d�' LK d� a'= 2� D� 't^ L{ d=' d't Pryer J y LL Elf A - di am am ru i Fs .. ,.� U ti 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 O1 32 16.2 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Page 3 of 5 1 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 O1 32 16.2 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Page 4 of 5 r ; 0 +.a .0 d C4 �r i W _ 4 O V1 S 1 1.f. fY Q 2 C C O r `R F � VA Q 13Ft�� - = !3 71 i � I � 1 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.2 CONSTRUCTION PROGRESS SCHEDULE —PROGRESS EXAMPLE Page 5 of 5 101131ZI7 OM Drej Y [o]el Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue May 7, 2021 M Owen Revised name due to revising the schedule specification 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 0132 16.3 — PROGRESS NARRATIVE Page 1 of 1 SECTION 01 32 16.3 CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE Reporting Period: Date Issued: Project Name: Contractor Company Name: City Project No: Contractor Schedule Contact: City Project Manager: H. Ll,l VI MAIV IMb GIIdf191dU 111 LIM ftgIJVI IIII$J IJt:f1UU. 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) 3. List any potential delays and provide mitigation actions 1. (insert text here) 2. (insert text here) 3. (insert text here) C. List any actual delays and provide recovery actions 1. (insert text here) 2. (insert text here) 3. (insert text here) City of Fort Worth, Texas Construction Project Schedule Narrative Report for CFW Projects Revised August 13, 2021 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety hnprovements Page 1 of 1 CPN 101865 01 32 33 - 1 PRECONSTRUCTION VIDEO Page I of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO 161RriMl4D1000AA0 1.1 SUNEM ARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstitiction Videos 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 Form and Conditions of the Contract 2. Division I — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiaiy to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 19,= 4110iIQ16`yr%%I►•1DoaiU]11etip1e►1waIE.y A. Preconstniction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request try the City. .2. Retain a copy of the preconstruction video until the end of the maintenance sleety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Devised Iuly 1. 2011 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0133 00 SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 33 00 1 SUBMITTALS Pagel of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 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. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 t/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 3 SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 5 SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 013300-7 SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 8 SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 35 13-1 SPECIAL PROJECT PROCEDURES Pagel of 8 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 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. Use of Explosives, Drop Weight, Etc. 11 e. Water Department Notification 12 f. Public Notification Prior to Beginning Construction 13 g. Coordination with United States Army Corps of Engineers 14 h. Coordination within Railroad permits areas 15 i. Dust Control 16 j . Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1— General Requirements 22 3. Section 33 12 25 — Connection to Existing Water Mains 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment 25 1. Coordination within Railroad permit areas 26 a. Measurement 27 1) Measurement for this Item will be by lump sum. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 will be paid for at the lump sum price bid for Railroad Coordination. 31 c. The price bid shall include: 32 1) Mobilization 33 2) Inspection 34 3) Safety training 35 4) Additional Insurance 36 5) Insurance Certificates 37 6) Other requirements associated with general coordination with Railroad, 38 including additional employees required to protect the right-of-way and 39 property of the Railroad from damage arising out of and/or from the 40 construction of the Project. 41 2. Railroad Flagmen 42 a. Measurement CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 1) Measurement for this Item will be per working day. 2 b. Payment 3 1) The work performed and materials furnished in accordance with this Item 4 will be paid for each working day that Railroad Flagmen are present at the 5 Site. 6 c. The price bid shall include: 7 1) Coordination for scheduling flagmen 8 2) Flagmen 9 3) Other requirements associated with Railroad 10 3. All other items 11 a. Work associated with these Items is considered subsidiary to the various Items 12 bid. No separate payment will be allowed for this Item. 13 1.3 REFERENCES 14 A. Reference Standards 15 1. Reference standards cited in this Specification refer to the current reference 16 standard published at the time of the latest revision date logged at the end of this 17 Specification, unless a date is specifically cited. 18 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 19 High Voltage Overhead Lines. 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Coordination with the Texas Department of Transportation 22 1. When work in the right-of-way which is under the jurisdiction of the Texas 23 Department of Transportation (TxDOT): 24 a. Notify the Texas Department of Transportation prior to commencing any work 25 therein in accordance with the provisions of the permit 26 b. All work performed in the TxDOT right-of-way shall be performed in 27 compliance with and subject to approval from the Texas Department of 28 Transportation 29 B. Work near High Voltage Lines 30 1. Regulatory Requirements 31 a. All Work near High Voltage Lines (more than 600 volts measured between 32 conductors or between a conductor and the ground) shall be in accordance with 33 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 34 2. Warning sign 35 a. Provide sign of sufficient size meeting all OSHA requirements. 36 3. Equipment operating within 10 feet of high voltage lines will require the following 37 safety features 38 a. Insulating cage -type of guard about the boom or arm 39 b. Insulator links on the lift hook connections for back hoes or dippers 40 c. Equipment must meet the safety requirements as set forth by OSHA and the 41 safety requirements of the owner of the high voltage lines 42 4. Work within 6 feet of high voltage electric lines 43 a. Notification shall be given to: 44 1) The power company (example: ONCOR) CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 01 35 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a) Maintain an accurate log of all such calls to power company and record 2 action taken in each case. 3 b. Coordination with power company 4 1) After notification coordinate with the power company to: 5 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 6 lower the lines 7 c. No personnel may work within 6 feet of a high voltage line before the above 8 requirements have been met. 9 C. Confined Space Entry Program 10 1. Provide and follow approved Confined Space Entry Program in accordance with 11 OSHA requirements. 12 2. Confined Spaces include: 13 a. Manholes 14 b. All other confined spaces in accordance with OSHA's Permit Required for 15 Confined Spaces 16 D. OMITTED. 17 E. Use of Explosives, Drop Weight, Etc. 18 1. When Contract Documents permit on the project the following will apply: 19 a. Public Notification 20 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 21 prior to commencing. 22 2) Minimum 24 hour public notification in accordance with Section 0131 13 23 F. Water Department Coordination 24 1. During the construction of this project, it will be necessary to deactivate, for a 25 period of time, existing lines. The Contractor shall be required to coordinate with 26 the Water Department to determine the best times for deactivating and activating 27 those lines. 28 2. Coordinate any event that will require connecting to or the operation of an existing 29 City water line system with the City's representative. 30 a. Coordination shall be in accordance with Section 33 12 25. 31 b. If needed, obtain a hydrant water meter from the Water Department for use 32 during the life of named project. 33 c. In the event that a water valve on an existing live system be turned off and on 34 to accommodate the construction of the project is required, coordinate this 35 activity through the appropriate City representative. 36 1) Do not operate water line valves of existing water system. 37 a) Failure to comply will render the Contractor in violation of Texas Penal 38 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 39 will be prosecuted to the full extent of the law. 40 b) In addition, the Contractor will assume all liabilities and 41 responsibilities as a result of these actions. 42 G. Public Notification Prior to Beginning Construction 43 1. Prior to beginning construction on any block in the project, on a block by block 44 basis, prepare and deliver a notice or flyer of the pending construction to the front 45 door of each residence or business that will be impacted by construction. The notice 46 shall be prepared as follows: CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ird 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 8 a. Post notice or flyer and City of Fort Worth Door Hangers, 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) City of Fort Worth Door Hangers will be provided to the Contractor for distribution with their notice. 4) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 5) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer and door hangers are delivered to all residents of the block. H. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. I. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. J. Coordination within Railroad Permit Areas CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 1. At locations in the project where construction activities occur in areas where 2 railroad permits are required, meet all requirements set forth in each designated 3 railroad permit. This includes, but is not limited to, provisions for: 4 a. Flagmen 5 b. Inspectors 6 c. Safety training 7 d. Additional insurance 8 e. Insurance certificates 9 f. Other employees required to protect the right-of-way and property of the 10 Railroad Company from damage arising out of and/or from the construction of 11 the project. Proper utility clearance procedures shall be used in accordance 12 with the permit guidelines. 13 2. Obtain any supplemental information needed to comply with the railroad's 14 requirements. 15 3. Railroad Flagmen 16 a. Submit receipts to City for verification of working days that railroad flagmen 17 were present on Site. 18 K. Dust Control 19 1. Use acceptable measures to control dust at the Site. 20 a. If water is used to control dust, capture and properly dispose of waste water. 21 b. If wet saw cutting is performed, capture and properly dispose of slurry. 22 L. Employee Parking 23 1. Provide parking for employees at locations approved by the City. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 PART 3 - EXECUTION [NOT USED] 34 END OF SECTION 35 Revision Log CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 0135 13 -6 SPECIAL PROJECT PROCEDURES Page 6 of 8 DATE NAME SUMMARY OF CHANGE 1.4.13— Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit Remove references to Air Pollution watch Days and NCTCOG Clean construction 3/11/2022 M Owen Specification requirements. Clarify need for Door Hangers under in addition to contractor notification of public. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 -7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> m Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11, 2022 013513-8 SPECL4L PROJECT PROCEDURES Page 8 of 8 1 EIMIBIT B 2 4 FORTWORTH. Daft - DOE HO. XXXX Project Ilanm: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTH,ITY 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: MB AT (CONTRACTORS SUPERINTENDENT)) (TELEPHONE NUMBER) OR MR. (CITY INSPECTOR) AT (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS :SHORT AS POSSIBLE. THANK. YOU, ,CONTRACTOR CITY OF FORT WORTH 2O18 Band Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 11- 2022 01 45 23 TESTING AND INSPECTION SERVICES Pagel of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination 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 Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another external FTP site approved by the City. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND 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 3/9/2020 D.V. Magaiia Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Pagel of 4 1 SECTION 0150 00 2 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 3. Specification 33 04 30 — Temporary Water Facilities 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various Items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Temporary Utilities 26 1. Obtaining Temporary Service 27 a. Make arrangements with utility service companies for temporary services. 28 b. Abide by rules and regulations of utility service companies or authorities 29 having jurisdiction. 30 c. Be responsible for utility service costs until Work is approved for Final 31 Acceptance. 32 1) Included are fuel, power, light, heat and other utility services necessary for 33 execution, completion, testing and initial operation of Work. 34 2. Water 35 a. Contractor to provide water required for and in connection with Work to be 36 performed and for specified tests of piping, equipment, devices or other use as 37 required for the completion of the Work. 38 b. Provide and maintain adequate supply of potable water for domestic 39 consumption by Contractor personnel and City's Project Representatives. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/19/2025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 c. If required, provide temporary water service needed to maintain customer service to the public during project, in accordance with Section 33 04 30 — Temporary Water Services. d. Coordination 1) Contact City 1 week before water for construction is desired e. Contractor Payment for Construction Water 1) Obtain construction water meter(s) from City for payment of water usage associated with construction water as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/19/2025 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 D. Temporary Fencing 2 1. Provide and maintain for the duration or construction when required in contract 3 documents 4 E. Dust Control 5 1. Contractor is responsible for maintaining dust control through the duration of the 6 project. 7 a. Contractor remains on -call at all times 8 b. Must respond in a timely manner 9 F. Temporary Protection of Construction 10 1. Contractor or subcontractors are responsible for protecting Work from damage due 11 to weather. 12 1.5 SUBMITTALS [NOT USED] 13 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS [NOT USED] 21 PART 3 - EXECUTION [NOT USED] 22 3.1 INSTALLERS [NOT USED] 23 3.2 EXAMINATION [NOT USED] 24 3.3 PREPARATION [NOT USED] 25 3.4 INSTALLATION 26 A. Temporary Facilities 27 1. Maintain all temporary facilities for duration of constriction activities as needed. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/19/2025 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 3.6 RE -INSTALLATION 3 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work, to a 10 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 IN 16 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 9/19/25 M Owen 1.1. C. — Referenced 33 04 30 Temporary Water Facilities 1.4. A. 2. — Provided clarification re: temporary water service for the public 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/19/2025 01 55 26 -1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAIL 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. 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. Contractor shall minimize lane closures and impact to vehicular/pedestrian 30 traffic. 31 b. When traffic control plans are included in the Drawings, provide Traffic 32 Control in accordance with Drawings and Section 34 71 13. 33 c. When traffic control plans are not included in the Drawings, prepare traffic 34 control plans in accordance with Section 34 71 13 and submit to City for 35 review. 36 1) Allow minimum 10 working days for review of proposed Traffic Control. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2) A traffic control "Typical" published by City of Fort Worth, the Texas 2 Manual Unwed Traffic Control Devices (TMUTCD) or Texas Department 3 of Transportation (TxDOT) canbe used as an alternative to preparing 4 project/site specific traffic control plan if the typical is applicable to the 5 specific project/site. 6 B. Street Use Permit 7 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 8 a. To obtain Street Use Permit, submit Traffic Control Plans to City 9 Transportation and Public Works Department. 10 1) Allow a minimum of 5 working days for permit review. 11 2) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 C. Modification to Approved Traffic Control 14 1. Prior to installation traffic control: 15 a. Submit revised traffic control plans to City Department Transportation and 16 Public Works Department. 17 1) Revise Traffic Controlplans in accordance with Section 34 71 13. 18 2) Allow minimum 5 working days for review of revised Traffic Control. 19 3) It is the Contractor's responsibility to coordinate review of Traffic Control 20 plans for Street Use Permit, such that construction is not delayed. 21 D. Removal of Street Sign 22 1. If it is determined that a street sign must be removed for construction, then contact 23 City Transportation and Public Works Department, Signs and Markings Division to 24 remove the sign. 25 E. Temporary Signage 26 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 27 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 28 Devices (MUTCD). 29 2. Install temporary sign before the removal of permanent sign. 30 3. When construction is complete, to the extent that the permanent sign can be 31 reinstalled, contact the City Transportation and Public Works Department, Signs 32 and Markings Division, to reinstall the permanent sign. 33 F. Traffic Control Standards 34 1. Traffic Control Standards can be found on the City's website. 35 1.5 SUBMITTALS [NOT USED] 36 A. Submit all required documentation to City's Project Representative. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 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 [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicals" i 3/22/2021 M Owen applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re: submittal of permit 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Pagel of 3 SECTION 01 5713 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND 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 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0158 13 TEMPORARY PROJECT SIGNAGE PART1- GENERAL 1.1 SUMMARY 015813-1 TEMPORARY PROJECT SIGNAGE Pagel of 3 A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 1. Sign a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] 10411XIIA 016i 91021 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 58 13 - 3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 PRODUCT REQUIREMENTS Pagel of 2 1. References for Product Requirements and City Standard Products List 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 [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https:Happs.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 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 10/12/12 D. Johnson Modified Location of City's Standard Product List 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 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 [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page I of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to fi-rnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Suibnidt to the City copies of field notesused to establish all lines and glades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. S) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), inunediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be perforlued by the Contractor. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted_ c. For sewer mains and water mains 12" and -under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, culva.ture, etc. 3) Stormwater — Not Applicable 2418 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CrrY of FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ReFzsed February 14, 2018 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART 2 - PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3. LA. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3rd party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CITY OF FORT WORTH CPN 101865 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 FORTWORTH, Section 01 71 23.01- Attachment A Survey Staking Standards February 2017 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 22 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information II. Construction Colors III. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking VII. Storm Staking VIII. Curb and Gutter Staking IX. Cut Sheets X. As -built Survey O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety hnprovements CPN 101865 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent., direct line: (817) 392-8971 IL Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS POTABLE WATER GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC ORANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS PINK SANITARY SEWER IRRIGATION AND RECLAIMED WATER Ill. Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Hub (2"x2" min. square preferred) 6" tall Pin Flags (2.5" x 3.5" preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water -based Flagging 1" wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Diu 01\0171 23.16.01_Attachment A_Survey Staking Standards.dccx Page 3 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety aaprovements CFN 101865 IV. Survey Equipment, Control, and Datum Standards A. City Benchmarks All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions/GIS/ Look for 'Zoning Maps'. Under 'Layers' , expand 'Basemap Layers', and check on 'Benchmarks'. B. Conventional or Robotic Total Station Equipment I. A minimum of a 10 arc -second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every 6 months. C. Network/V.R.S. and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W, forced -main water lines, and rough -grade only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or anything that needs vertical grading with a tolerance of 0.25' or less is allowed. D. Control Points Set All control points set shall be accompanied by a lath with the appropriate Northing, Easting, and Elevation (if applicable) of the point set. Control points can be set rebar, 'X' in concrete, or any other appropriate item with a stable base and of a semi -permanent nature. A rebar cap is optional, but preferred if the cap is marked 'control point' or similar wording. Datasheets are required for all control points set. Datasheet should include: A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance. — If ground, provide scale factor used and base point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=O C. Geoid model used, Example: GEOID12A O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01—Attachment A —Survey Staking Standards.docx Page 4 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 E. Preferred Grid Datum Although many plan sets can be in surface coordinates, the City's preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Proiected Coordinate System: NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet Projection: Lambert_ Conformal_ Conic Fa Ise_Easti ng: 1968500.00000000 False —Northing: 6561666.66666667 Central Meridian:-98.50000000 Standard Parallel 1: 32.13333333 Standard Parallel 2: 33.96666667 Latitude —Of —Origin: 31.66666667 Linear Unit: Foot US Geographic Coordinate System: GCS_North_American_1983 Datum: D North American 1983 Prime Meridian: Greenwich Angular Unit: Degree Note: Regardless of what datum each particular project is in, deliverables to the City must be converted/translated into this preferred grid datum. 1 copy of the deliverable should be in the project datum (whatever it may be) and 1 copy should be in the NAD83, TX North Central 4202 zone. See Preferred File Namina Convention below F. Preferred Deliverable Format txt csv dwg .job G. Preferred Data Format P,N,E,Z,D,N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) H. Preferred File Naming Convention This is the preferred format: City Project Number_Description_Datum.csv Example for a proiect that has surface coordinates which must be translated: File 1: C1234 As -built of Water on Main Street Grid NAD83 TXSP 4202.csv 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 5 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 File 2: C1234_As-built of Water on Main Street —Project Specific Datum.csv Example Control Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 = Cr w CIO m <I 7 CD z w � mI Cn r w C W 1016 EL.= 100.Oa' i x J < W 0 � — Z -} U) _W J d W V) W 0 W LL- W m < ry El U El w Cr Cr 0 CP #1 r =5OOO.00 E= 5OOO.00 V. Water Staking Standards O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 7 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety hnprovements CPN 101865 A. Centerline Staking— Straight Line Tangents I. Offset lath/stakes every 200' on even stations II. Painted blue lath/stake only, no hub is required III. Grade is to top of pipe (T/P) for 12" diameter pipes or smaller IV. Grade to flow line (F/L) for 16" and larger diameter pipes V. Grade should be 3.50' below the proposed top of curb line for 10" and smaller diameter pipes VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking - Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Same grading guidelines as above III. Staking of radius points of greater than 100' may be omitted C. Water Meter Boxes I. 7.0' perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0' behind the proposed face of curb III. Meter should be staked a minimum of 4.5' away from the edge of a driveway IV. Grade is to top of box and should be +0.06' higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0' behind proposed face of curb II. Survey offset stake should be 7.0' from the center and perpendicular to the curb line or water main III. Grade of hydrants should be +0.30 higher than the adjacent top of curb E. Water Valves & Vaults I. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans Example Water Stakes O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 8 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 C \\ \±. SJ . g G \ In (7�j %j \\ 2 < 3 0/ f W/L \ zg \ � � S \� \ � U- LU 2=\/ � \ / \mar \ Q ;\\ \ � z 11 3 ohs £ w d S9w+ , \C-, \ — 2 / \S 7 �a 2 _ E- m: $/ / \ \ e \ \ \ \ 3\ . 2z \ \ \\ / LLJ � _§ \ / 0 \ 2z M) \ % / u 1 j$ \ \ } \ \ E u k / ^ ) § .§§ § 13 { [} \\ � » 2 o « G M= ® § G U / �§ 2 < 2 ; ,<CL7 10M cow eb§Q j § /\ a / y u» 2 VE Sanitary Sewer Staking o%pec aA Governance Pmee#T mp eRspe Re\Capi IDGvR\CapDelvR Div 010171 2I1E01 +%+me« A Surp Stakingaandaesdoa Page 9&ZZ 318 Uk Railroad Trinity RailwayExpress at m Beach mm Safety Improvements c N 101865 A. Centerline Staking — Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required III. 1 offset stake between manholes if manholes are 400' or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking— Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 10 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Example Sanitary Sewer Stakes w �7 C LL � 0 �77'' /S (L SS sTA=a+71 a— w 'W L� w o ` 9 g ty r p fC 1P O4t7zi {F �• fy❑ L�L_ 447-' w 10O/S SS11:2 aA-3+71M ua C-3 C-3j, W r 01Z wzd 2 O ~ W 'd + a d w V1 W LJ x Q < 7' C/S SS A- +es O {Sw Z� Cj- LL] N p U} 2 C)/S � Ss Li d W � LLJ z w n Cn Z W f}0- N + WIL w r F F F FE: 4 r• rz � A0 t� 1 ,y cT ,y 4 li 4y � +ML w IL a y 1 G LLJ w w � M!j 1W Orn zy!77 d U, + 0 q) + W w w d U: C-L E: iF- FF w 2 LL j- FELM m1 J� W� Q - a w w a_IJ� 4 aW_j 4 m J J = m 2 h w U W J m CD `wy Zn E� rLL �r d z LOLL m3 � C c3 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 11 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 VII. Storm Sewer & Inlet Staking A. Centerline Staking — Straight Line Tangents I. 1 offset stake every 200' on even stations II. Grades are to flowline of pipe unless otherwise shown on plans III. Stakes at every grade break IV. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking — Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted C. Storm Drain Inlets I. Staking distances should be measured from end of wing II. Standard 10' Inlet = 16.00' total length III. Recessed 10' Inlet = 20.00' total length IV. Standard double 10' inlet = 26.67' total length V. Recessed double 10' inlet = 30.67' total length D. Storm Drain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 12 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Example Storm Inlet Stakes FRONT (SIDE FACING BACK C30E FAahr- R.ELW.) POINT # i HLe ELEv.4n[F{ HUB %MTH TACK SACK CF CLIRB FLOYLINE — — EDGE OF PAVEMENT n m m 0 m m 1 z { IDENTIFIES ti1HlL-I 1t ENE,OF THE WING BEING STAKED II INLET STATION } (IF NOTED ON P IDENTIFIES GRADE (T1 1 TO TOP OF CURB 0 G j IDENTIFIES GRADE TO FLOWLINE c7 I NOFL �_I IhII FEEOUIREEI It -I LIEU OF PINT, R;-'OJTEC LAII-I LAN S] BACK {SUE FAI3NG R.QW_) PCINT F IQ s� Hue ELEvA-n N c FRONT (SIDE FACING 0 n r f rn IDENTIFIES WHICH END OF THE YdNG f BEING STAKED �p 1 T r TJC a ITL c7 I DISTANCES FOR INLETS STANDARD 10' — 16' RECESSED 1CY' — 20' STANDARD DUJBLE 10' — PB.e7 RECESSED IMBLE 10] =3,_67 — — — — — — — — — — I I GAG} OF INLET H I w CII �I - a{mot+Hsrl � oti bI flh{ I FACE OF INLET FA?:E OF INLET EDGE OF PA,44AENT EDCE OF PAVEMENT BACK OF CURS i FLOWLINE --- EDGE OF PAVEMENT O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 13 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 VIII. Curb and Gutter Staking A. Centerline Staking — Straight Line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking — Curves III. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval IV. Staking of radius points of greater than 100' may be omitted O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 14 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Example Curb & Gutter Stakes FRONT (SIDE FACING (�) 0 FRONT IDENnREs END FRONT {SbE FACING �} POINT OF el FRONT 8 T�r+GENT (SIDE FACING ) IDENTIFIES STAR.T PC S1 (lE FACING J/ PONT OF CURVATURE ( . }/ N w 9 m 4 A LA C I II 7 IDENnF1E4 OFFSET 13 TO O Tom. . (SIDE FACING R.C.W.) FOLK CF C Ck F,JC TJC O O PrT� R7FORF✓,OE OFF CCUMNT fs� $ + ��C III ` O r u III m II N„FIES GRADE IS b p TO TOP OF 0UF7H NO DRADE ON 0 I 4 HUB ELEVATION + RAPIUS POINIJ -� 1 0 i p+ I y [L! FL;.-22F ; REQUIRED ' IN LIEU OF F'INk RAINTEG D47H TOP OF CURB �r PACK OF CURB _r rr FACE OF CURB L FL0WUNE EDGE OF PAVEMENT Example Curb & Gutter Stakes at Intersection O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 15 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 F � 2�~ / 1G.O/S —b E �§ { LL \& ��� OEM� ) / \ Uj \ . � Ld \ \ yj�r».a�/ em+tee (/kw ra (;kw Lj \ ! /\ ;LC�m6. I' 2 l3 5� » m »n a \ o � / 2 `� 0( \ (01 ®~© 2 » ! ) § _ \§\ _ §v3 & }! \ \ /m »� C f� `� o%pes- A Governance Pmee#T mp eRspcRe\Capi IDGvR\CapDe Beery Div 010171 23.IE01 +Game% A Surp Stakingkandaesdoa Page 16 of22 318 Bond RailroadTria± RailwayExpress allom Beach mm %% Improvements c N 101865 IX. Cut Sheets A. Date of field work B. Staking Method (GPS, total station) C. Project Name D. City Project Number (Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name H. A blank template can be obtained from the survey superintendent (see item I above) Standard City Cut Sheet Date: ❑ TOTAL Staking Method: ❑ GPS STATION LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS City Project Number: Project Name: ❑ OTHER ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT # STATION OFFSET -LT/+RT DESCRIPTION PROP. GRADE STAKED ELEV. - CUT + FILL 0:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 X. As -built Survey A. Definition and Purpose The purpose of an as -built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City's GIS data and must be in the proper format when submitted. See section IV. As -built survey should include the following (additional items may be requested): Manholes Top of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) Plugs, stub -outs, dead-end lines Air Release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 18 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write "NOT FOUND" to notify the City. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 19 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 r i r ti d O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 20 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 5711 POOW - tZ WL N-CEATTLN! RM STA.0�51M - 12'WL rFLOYD DR) STA &em - 1PWL (FLLYD DR) REMOVE & S+VyASE EXIST ,My pROp 0WATER W SFET r &1REDUCER r E17 f�li 11-12 TE€ rNSTALL hrzSOL1D MZ&E ST 6,mar- i WL h®r all T QC—, FFYX 8-REXCEA � NS7:1lC+ Ir PIG(�(�// ha2•WE V"E 1-P4r VFJ?Ti SEND SIA 06975-rWL � N 69lImamlr N-6WO95.994A 3 *690031-T25 M5TALb E2 r g2 F F29S%'ii RW E 22V-W-%74 HP X ff AWWR TEE P 9' SATE VALVVE'V hFtAff rf1'[1HH14YT rlrxaRAVT L EALJ 1.DT '� U LF 6 1- 0 GATE VALVE AV * �Cp.'iJ 5TN= rW' W.Fai lmnn BLK 5 4 � ELEV. 7:.3M rnm LOT 2 zrrwr J�O% Me'x.ti+ /b.£wt llvWr xfomo� �awaw�v,ua aqr.• R'F�6ftdK !6'19f4rry. REMOVE I2WATER cr. T �t ff 14 reJ ar � x.12 ma' FI FYI, 7M42�i. �3 12'(HATER a ------------- ram 11 4 PROPOSE0 w RL,"E & SALVA5E .any . gam' SANITARY J Fx ErW.CATE VALVE SEE SHEET 57A D"3L'SD - 11"W rNSTALL Ui!' A h 1F l6V£RT.WND M'g sa.m 8+1-fw m �j, N�9#7WT,4&9<f caai t<.m tie STA O'UODO - rYW1 wwra IIRl SfA DZ7.w - 12'W STA O'6LAE8 - 12'W #)SrAU, thSTAU, pWSTAU, 1- a2'AU SOLID ST EEVE 1. 04rYERT. BEND i- 0 4FVERI: BLVD S' LF OF !'WATER PME N,6900545W N 52%.i3 CONNECT TO EXIST, lat'WATER E 22WM523;3 E-229C,3WfJ370 N^fB47i4592f9 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 21 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety hnprovements CPN 101865 23.16.01_Attachment A_Survey Staking Standards.docx Page 22 of 22 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 >-Jd..K 29 LGT nas �'w+ qe .7,Fm w nn b RIfFER O:\Sp ON[f SAY/FARr SEWER SFJNtiE W/ CLEAMOUr m ren�rr RD. W. Y EMW UNN I I I < ILOT 3 it Q3 Cr vmv rm w.,�,aumnn I Inrl.• d@9pNT3 U LLJ I i j eo oL-ss5�s a� o �aYM pp i`a'rrcv; ti Alma m7ST. ' ! B SM. SEVER rp Poser � Sid STAW.0 - HISS LINE A • L5T 2 l EXIST. STAOOCr,.L-37I- EXIST. STAF7aL--3654 vd e�si Ff VIF,'� WF 4XIST_-SSLH CONSTRUCT S LF of ass LINE 1. CONSF.-MAS5YH 1NCUME� CaMOILLAR & NH INSERT �( W/ Ca'YKLKW PROTECTION CONNECT PROP. HISS MWI YANNECT PROP. & SS fNE&SW) TO PRO° 5SJ'H. N-6346815-6252 F-?1M.l5547 ii CITY MAP NO. 2018-380,2M 4APSCO PAGE NO.74M S. T, 1\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 23 of 23 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Obviously the .csv or Axt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. POINT NO. NORTHING EASTING ELFV. DESCRIPTION 1 6946257.189 2296079.165 726.09 SSMH RIM 2 6946260.893 2296062.141 725.668 GV RIM 3 6946307.399 2296038.306 726.85 GV RIM CLv-Dlt-, i}jS 4 6946220.582 2296011,025 723.358 SSMH RIM 5 6946195.23 2296015.116 722.123 GV RIM 1 6 6946190.528 2296022.721 722.325 FH 7 6946136.012 2295992.115 719.448 WM RIM 8 6946002,267 2295919.133 713.331 WM RIM -TXCE f-W d1 L +Z� 9 6946003.056 2295933,418 713.652 CO RIM Z.c7n}� L( t� 10 6945984.677 2295880.52 711.662 SSMH RIM 11 6945986.473 2295869.892 710.046 WM RIM 12 6945895.077 2295860.962 707.72 WM RIM 13 6945896.591 2295962.189 708.205 WM RIM vC � c 4 14 6945934.286 2295841.925 709.467 WM RIM 15 6945936,727 2295830.441 710.084 CO RIM C GC (tom l n 16 6945835.678 2295799.707 707.774 SSMH RIM r 17 6945817.488 2295827.011 708.392 SSMH RIM 18 6945759.776 2295758.643 711.218 SSMH RIM 19 6945758.563 2295778.424 710.086 GV RIM 20 6945743.318 2295788.392 710.631 GV RIM 21 6945723.219 2295754.394 712.849 GV RIM 22 6945682.21 2295744.22 716.686 WM RIM 23 6945621.902 2295669.471 723.76 WM RIM 24 6945643.407 2295736.03 719.737 CO RIM C �[.1 �Y� ryET � 25 6945571.059 2295655.195 727.514 SSMH RIM 26 6945539.498 2295667.803 729.123 WM RIM 7"E> 27 6945519.834 2295619.49 732,689 WM RIM l- 1 0 -trs 28 6945417.979 2295580.27 740.521 WM RIM 29 6945456.557 2295643.145 736.451 CO RIM 30 6945387.356 2295597.101 740.756 GV RIM 31 6945370.688 2295606.793 740.976 GV RIM 32 6945383.53 2295610.559 740.408 FH 33 6945321.228 2295551.105 746.34 WM RIM 34 6945319.365 2295539.728 746,777 CO RIM 35 6945242.289 2295570.715 748.454 WM RIM 36 6945233.624 2295544.626 749.59 SSMH RIM n 37 6945206.483 2295529.305 751,058 WM RIM 38 6945142.015 2295557.666 750.853 WM RIM 39 6945113.445 2295520.335 751.871 WM RIM 40 6945049.D2 2295527.345 752.257 SSMH RIM E Of 41 6945041.024 2295552.675 751.79 WM RIM T 42 6945038.978 2295552.147 751.88 WM RIM II 5 +4Y 43 6945006.397 2295518.135 752,615 WM RIM 44 6944944.782 2295520.635 752.801 WM RIM 45 6944943.432 2295556.479 752.156 WM RIM 46 6944860,416 2295534.397 752.986 SSMH RIM Aoy O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 24 of 24 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 C. Other preferred as -built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 25 of 25 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 , w --- ------ ------ ----- ------ ------ ------ ------ ----- ----- ------ ----- ----- ----- ----- J m Z E E z' v a N a 1p ° a i a n n — a@ E � $s a - lill lilili I au I uuu I � = Uli hhh a M1 O:\Specs-Stds Governance Process\Temporary Spec Files\Capital Delivery\Cap Delivery Div 01\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 26 of 26 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES 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. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 74 23 - 3 CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight -exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 01 77 19 -1 CLOSEOUT REQUIREMENTS Page 1 of 3 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. 27 28 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 29 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 PART 2 - PRODUCTS [NOT USED] 32 CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 22, 2021 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2of3 PART 3 - EXECUTION 2 3.1 INSTALLERS [NOT USED] 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION [NOT USED] 5 3.4 CLOSEOUT PROCEDURE 6 A. Prior to requesting Final Inspection, submit: 7 1. Project Record Documents in accordance with Section 0178 39 8 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 9 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 10 01 74 23. 11 C. Final Inspection 12 1. After final cleaning, provide notice to the City Project Representative that the Work 13 is completed. 14 a. The City will make an initial Final Inspection with the Contractor present 15 b. Upon completion of this inspection, the City will notify the Contractor, in 16 writing within 10 business days, of any particulars in which this inspection 17 reveals that the Work is defective or incomplete. 18 2. Upon receiving written notice from the City, immediately undertake the Work 19 required to remedy deficiencies and complete the Work to the satisfaction of the 20 City. 21 3. The Right-of-way shall be cleared of all construction materials, barricades, and 22 temporary signage. 23 4. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City that the required Work has been completed. Upon receipt of 25 this notice, the City, in the presence of the Contractor, will make a subsequent Final 26 Inspection of the project. 27 5. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 1. Once the City Project Representative finds the Work subsequent to Final Inspection 40 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 41 E. Supporting Documentation CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 22, 2021 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3of3 1 1. Coordinate with the City Project Representative to complete the following 2 additional forms: 3 a. Final Payment Request 4 b. Statement of Contract Time 5 c. Affidavit of Payment and Release of Liens 6 d. Consent of Surety to Final Payment 7 e. Pipe Report (if required) 8 f. Contractor's Evaluation of City 9 g. Performance Evaluation of Contractor 10 F. Letter of Final Acceptance 11 1. Upon review and acceptance of Notice of Project Completion and Supporting 12 Documentation, in accordance with General Conditions, City will issue Letter of 13 Final Acceptance and release the Final Payment Request for payment. 14 3.5 REPAIR / RESTORATION [NOT USED] 15 3.6 REINSTALLATION [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 25 26 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 3/22/2021 M Owen 3.4 C. Added language to clarify and emphasize requirement to "Clearing ROW" CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised March 22, 2021 017823-1 OPERATION AND MAINTENANCE DATA Pagel of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES 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. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be approved by the City prior to delivery. fpr'mi►i-X/l-aUXV111 COMKI1f.Ylj: U i O-F.1wKI A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 %2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 20, 2012 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 20, 2012 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 20, 2012 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 20, 2012 01 78 23 - 5 OPERATION AND MAINTENANCE DATA Page 5 of 5 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 8/31 /2012 D. Johnson 1.5.A.1 — title of section removed CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised December 20, 2012 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forins 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 [NOT USEDI 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 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. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O18 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 101865 Revised July 1, 2011 SECTION IV TXDOT BIDDING REQUIREMENTS 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Buy America § 635.410 Buy America requirements. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of § 635.409(a) of this subpart. (b) No Federal -aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1) A State may request a waiver of the provisions of this section if; The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request. (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived. (d) Standard State and Federal -aid contract procedures may be used to assure compliance with the requirements of this section. [48 FIR 53104, Nov. 25, 1983, as amended at 49 FIR 18821, May 3, 1984; 58 FIR 38975, July 21, 1993] 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 OSHA Implementation Procedures The following requirements are to be followed for this project. § 635.108 Health and safety. Contracts for projects shall include provisions designed: (a) To insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and (b) To require that the contractor shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of persons working at the site of the project and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 034"046 (See reverse for Dublic burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: F, � a. contract Y 1 a_ Ia. bidloffer/appl!cation L Jb. ( a. ] a. initial filing b. grant initial award b. material change c. cooperative agreement c. post -award For Material Change Only. d.loan year quarter e, loan guarantee date of last report f. loan insurance 4, Name and Address of Reporting Entity: S. If Reporting Entity In No. 4 is a Subawardee, Enter Name [] Prime © subawardee and Address of Prime: Tier if known: NIA The Pain Croup LLC, 2500 Great Southwest Parkway Port Worth, TX 76106 Congressional District, if known: 4c Congressional District, if known: NIA 6. Federal Department/Agency: 7. Federal Program Name/Description: Dcparlaxtent of Public Transportation 2018 Bond Railroad Trinity Express at North Beach Street Safety Improvements, CPN 10185 CFDA Number, if applicable: N/A 8. Federal Action Number, if known: 9. Award Amount, if known: CSJ: 0902-00-3 15 $ N/A 10. a. Name and Address of lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 1 Oa) NIA (last name, first name, MI); N/A 11. imfermaton reciAsled through this form is autiorflad by He 31 U.S.G. section Signature:1352. This disclosure of lobbying activittas Is a material reprasentadon of fact _ � upon which reliance was ptacad by the tier some when this transaction was made Print Name r �` a�1CI or entered into, This diadorlure ha regrrlred pursuem to 81 U,S,C. 1352. This : Information will be avallable for public ib3pectiart. any parson who fails to rile the required disdosuna shah! be sublecl to a civil penalty or not less than g10,000 and Title: Pre tit 817-927-438$ 01/08/2026 Telephone No.: Clete: not more than $100,000 for each suchfallure. Federal Use Only: Authorized For Local Reproduction Standard Form LLL (Rev. 7-97 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety improvements. CPN 101865 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enterthe full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entitythat designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Non -Collusion Affidavit and Debarment Certification PROJECT: 2018 BOND RAILROAD TRINITY RAILWAY EXPRESS AT NORTH BEACH STREET SAFETY IMPROVEMENTS HIGHWAY: NORTH BEACH STREET COUNTY:TARRANT TXDOT CS,I: 0902 00 315 INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME OR FOR A CORPERATION The bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, and that the bidder intends to do the work with his own bonafide employees or subcontractors and will not bid for the benefit of another contractor. By submitting this non -collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. SIGNATURE OF BIDDER ]dame of Bidder; Larry Frazier Print or type individual name Trading and doing business as The Fairy Group LLC. Print or type firm name 2500 Great Southwest Parkway, Fort Worth, TX 76106 Address 1._.�_I./_1�.'_� r Nichole Rankin Sidr, Individually Larryy Frazier Print or type witness' name Print or type signer's name If a Corporation affix Corporate Seal AFFIDAVIT MUST BE NOTARIZED NOTARY SEAL Subscribed and sworn to before me this the "0 NO" KRISTI TREES 8th .day of anuary , 20 26 �o4 Y =$; �nNotary Pub4c, State of Texas COMM, Expires O4-15-2027 s,,, �„ �+ Notary la 124-427334 Signature of Notary Public 2018 Band Railroad Trinity Railway Express at North .Beach 5trw Safety Improvements CPN 101843 CONTRACTOR'S ASSURANCE (Subcontracts -Federal Aid Projects) By signing this proposal, the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provisions to Section 9.9., Payment Provisions for Subcontractors, all subcontract agreements exceeding $2,000 will incorporate the applicable Wage Determination Decision, and all subcontract agreements will incorporate the following: Special Provision Certification of Nondiscrimination in Employment Special Provision Standard Federal Equal Employment Opportunity Form FHWA 1273 Required Contract Provisions Federal -aid Construction Contracts (Form FHWA 1273 must also be physically attached to subcontracts and all lower -tier subcontracts) Special Provision Nondiscrimination (Include provisions of Sections 3.1 — 3.6 in all subcontracts and agreements for materials) Special Provision Cargo Preference Act Requirements in Federal -Aid Contracts 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Prohibition on Certain Telecommunications Equipment or Services The Federal Register Notice issued the Final Rule and states that the amendment to 2 CFR 200.216 is effective on August 13, 2020. The new 2 CFR 200.471 regulation provides clarity that the telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable for services and equipment from these specific providers. OMB's Federal Register Notice includes the new 2 CFR 200.216 and 2 CFR 200.471 regulations. Per the Federal Law referenced above, use of services, systems, or services or systems that contain components produced by any of the following manufacturers is strictly prohibited for use on this project. Therefore, for any telecommunications, CCTV, or video surveillance equipment, services or systems cannot be manufactured by, or have components manufactured by: • Huawei Technologies Company, • ZTE Corporation (any subsidiary and affiliate of such entities), • Hyatera Communications Corporation, • Hangzhou Hikvision Digital Technology Company, • Dahua Technology Company (any subsidiary and affiliate of such entities). Violation of this requirement will require replacement of the equipment at the contractor's expense. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 ENGINEER SEAL The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project. Alteration of a sealed document without proper Notification to the responsible engineer is an Offence under the Texas Engineering Practice. CSJ: 0902-00-315 Project: 2018 BOND RAILROAD TRINITY RAILWAY EXPRESS AT NORTH BEACH STREET SAFETY IMPROVEMENTS County: Tarrant OF �oBggqq bqq ................ � ow SCOTT R. 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There are limitations on using materials produced by convict labor in a federal -aid highway project. Materials produced after July 1, 1991, by convict labor may only be incorporated in a federal -aid highway construction project if. such materials have been produced by convicts who are on parole, supervised release or probation from a prison; or 2. Such material has been produced in a qualified prison facility (Texas does not have a qualified prison facility meeting the requirements of the regulation). Federal Requirements 23 CFR §635.417 — Prohibits the use of materials produced in a prison facility or by prison labor on federally funded projects for roadways functionally classified above a rural minor collector. State Requirements 1. No comparable state statute. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Differing Site Conditions (a) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project approved under 23 U.S.C. 106: (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the STD's at their option.) (2) Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (b) The provisions of this section shall be governed by the following: (1) Where State statute does not permit one or more of the contract clauses included in paragraph (a) of this section, the State statute shall prevail and such clause or clauses need not be made applicable to Federal -aid highway contracts. (2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph (a) of this section, such clause or clauses, as developed by the State transportation department may be included in Federal -aid highway contracts in lieu of the corresponding clause or clauses in paragraph (a) of this section. The State's action must be pursuant to a specific State statute requiring differing contract conditions clauses. Such State developed clause or clauses, however, must be in conformance with 23 U.S.C., 23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E. (c) In the case of a design -build project, STDs are strongly encouraged to use "suspensions of work ordered by the engineer" clauses, and may consider "differing site condition" clauses and "significant changes in the character of work" clauses which are appropriate for the risk and responsibilities that are shared with the design -builder. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet A County: TARRANT Highway: BEACH ST Special Notes Control: 0902-00-0315 Single lane closures, except as otherwise shown in the plans, will be restricted to off-peak hours as defined in the following table: Peak Hours Off -Peak Hours 6 to 9 AM 3 to 7 PM 9 AM to 3 PM All day Saturday Monday through Monday through and and Sunday Friday Friday 7 PM to 6 AM Monday through Friday Work that requires closure of multiple travel lanes in the same direction, except as otherwise shown in the plans, are restricted to night hours between 9 PM and 6 AM. Existing storm sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work. Railroad coordination and railroad flaggers shall be paid for by respective force accounts as shown on the combined estimate report. Modifications to Lane Closure / Work Restrictions: Submit a request in writing for approval by the Engineer a minimum of 10 days in advance of implementing a change to lane closure restrictions. When deemed necessary, the Engineer will lengthen, shorten, or otherwise modify lane closure restrictions as traffic conditions warrant. When deemed necessary, the Engineer will modify the list of major events when new events develop, existing events are rescheduled, or when warranted. Special Events/ Special Situations will be handled on a case -by -case basis. No work restricting lane closures is allowed from 3 PM a day before to 9 AM the day after the Special Event or Special Situation. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 General Notes Sheet A Federal Project Number: STP 2024(346)FRS Sheet B County: TARRANT Control: 0902-00-0315 Highway: BEACH ST The Contractor's attention is directed to the following list of temporary easements (TE) or permanent easement (PE) and their expiration dates: Parcel Number Address Expiration Date TE #1 459 N Beach Street N/A TE #2 501 N Beach Street N/A TE #3 586 N Beach Street N/A PE #1 459 N Beach Street N/A Complete all work in these easement areas prior to the expiration dates shown. In the event that work is done after these expiration dates, all costs for extending these dates will be paid by the Contractor. Remove all existing fences within the right of way and remove and replace all existing fences within easements where such fences conflict with the work. Protect the remaining fence from damage due to slacking. Erect temporary fencing in the easement areas as necessary to secure the property. Provide at least one week notice to the property owner prior to removing or relocating the fence. Restore permanent fencing to an equal or better condition. Provide all-weather surface for temporary ingress and egress to adjacent property, as directed. Materials, labor, equipment and incidentals necessary to provide temporary ingress and egress will not be paid for directly, but will be subsidiary to the various bid items. Where necessary, the governing slopes indicated herein may be varied from the limits shown, to the extent approved. On superelevated curves the shoulders will have the same cross -slope as the pavement, unless otherwise indicated. On superelevated curves where the grade line is in a sag or on a flat grade, overlay the shoulders to the extent necessary to prevent trapping of water on the high side. All driveway openings will be determined by the Engineer and will conform with Texas Department of Transportation "Regulations for Access Driveways to State Highways" adopted September 1953, and revised June 2004. Locations and lengths of all private entrances are approximate only. The actual locations, lengths, lines, and grades are to be established in the field. Locations and lengths of all private entrances are approximate only. The actual locations, lengths, lines and grades are to be determined by the Engineer and shall conform to the regulations of The City of Fort Worth. Do not discolor or damage existing curb and curb and gutter during construction operations. In the event of discoloration or damage, clean or repair as directed. General Notes Sheet B 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety huprovements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet C County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Remove the grass from the crown of shoulders or pavement edges by blading or other approved methods. Payment for this work will not be made directly, but will be subsidiary to the various items of the contract. Locations shown for drainage structures refer to the control points of structures as follows: 1) Manholes, Inlets, and Junction Boxes —Locations are at the centroid of the structure; when two structure types are specified, location is at the centroid of the top structure. Bottom structure may be positioned as required to align with top structure, storm drain pipes and other adjacent structures. 2) Street Inlets —Locations are at the face of curb at a distance of L/2 from the end of the inlet. 3) Headwalls —Locations are to the outside face of the headwall at the centerline of the pipe or box structure. For pipe headwalls with Type "P" or "C" safety end treatment, locations are on the centerline of the pipe structure at the limit of payment for pipe. Plugging of pipes or culverts will not be paid for directly, but will be subsidiary to the various bid items, unless otherwise shown on the plans. Provide temporary drain openings at all low points or other drainage structures, as required, at the Contractor's expense. Remove any obstructions to existing drainage due to the contractor's operations, as required, at the Contractor's expense. Install all required concrete riprap flumes immediately following the construction of ditches in which they are to be placed. In addition, apply all erosion control measures as shown on the plans or as directed, immediately following construction of channels to their required line, grade, and section. The City will perform certain preliminary work and will complete the work in such sequence and manner that the Contractor will be able to begin his work at the specified time. The State will perform certain preliminary work and will complete the work in such sequence and manner that the Contractor will be able to begin his work at the specified time. General Notes Sheet C 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet D County: TARRANT Highway: BEACH ST Item 5. Control of the Work Control: 0902-00-0315 When supplementary bridge plans, shop drawings, shop details, erection drawings, working drawings, forming plans, or other drawings are required, prepare and submit drawings on sheets 8-1/2 by 11 inches, 17 by 22 inches, or full size drawings reduced to half scale if completely legible. If, in the opinion of the Engineer, the drawings are not completely legible, prepare and submit on sheets 22 by 34 inches, with a 1-1/2 inch left margin, and 1/2 inch top, right, and bottom margins. Submit all sheets with a title in the lower right hand corner. The title must include the sheet index data shown on the lower right corner of the project plans, name of the structure or element or stream, sheet numbering for the shop drawings, name of the fabricator and the name of the Contractor. Prior to contract letting, bidders may obtain a free computer diskette or a computerized transfer of files (from the Engineer's office) that contains the earthwork information in ASCII format, plain text files. If copies of the actual cross -sections are requested, in addition to, or instead of the diskette, they will be available at the Engineers office for borrowing by copying companies for the purpose of making copies for the bidder, at the bidder's expense. Item 7. Legal Relations and Responsibilities This contract requires work to be done on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any required training before performing work on railroad property. Submit to the Engineer an original railroad liability insurance policy. The Contractor shall coordinate with respective railroad. The railroad coordination will be following items: • Inspectors • Safety training • Additional insurance • Insurance certificates • Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. • Obtain temporary right of entry. • Obtain any supplemental information needed to comply with the railroad's requirements. All necessary tasks associated with the railroad coordination will not be paid separately but will be subsidiary to various bid items. General Notes Sheet D 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet E County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Do not initiate activities in a project specific location (PSL) associated with a U.S. Army Corps of Engineers (USAGE) permit area that has not been previously evaluated by the USACE as part of the permit review of this project. Such activities include, but are not limited to haul roads, equipment staging areas, borrow and disposal sites. "Associated" as defined here means materials are delivered to or from the PSL. The permit area includes all waters of the U.S. or associated wetlands affected by activities associated with this project. Special restrictions may be required for such work. The contractor will be responsible for all consultations with the USACE regarding activities, including project specific locations (PSLs) that have not been previously evaluated by the USACE. Provide the Department with a copy of all consultations or approvals from the USACE prior to initiating activities. The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self-determination has been made that the PSL is non jurisdictional or proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the permit review of this project. The contractor is solely responsible for documenting any determinations that their activities do not affect a USACE permit area. Maintain copies of these determinations for review by the Department or any regulatory agency. Document and coordinate with the USACE, if required, prior to any excavation hauled from or embankment hauled into a USACE permit area by either (1) or (2) below. (1) Restricted Use of Materials for Previously Evaluated Permit Areas. Document both the project specific location (PSL) and its authorization. Maintain copies for review by the Department or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material in the areas shown on the plans and cross sections as specified in Item 110 is used for permanent or temporary fill (Item 132, Embankment) within a USACE permit area; b. Suitable embankment (Item 132) from within the USACE permit area is used as fill within a USACE evaluated area; and, c. Unsuitable excavation or excess excavation ["Waste"] (Item 110) that is disposed of at a location approved by the Engineer within a USACE evaluated area. (2) Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of all USACE coordination or approvals prior to initiating any activities for an area within the project limits that has not been evaluated by the USACE or for any off right of way locations used for the following, but not limited to haul roads, equipment staging areas, borrow and disposal sites: a. Item 132, Embankment, used for temporary or permanent fill within a USACE permit area; and, b. Unsuitable excavation or excess excavation ["Waste"] (Item 110, Excavation) that is disposed of outside a USACE evaluated area. General Notes Sheet E 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet F County: TARRANT Highway: BEACH ST Control: 0902-00-0315 The total area disturbed for this project is 0.32 acres. The disturbed area in this project, all project locations in the Contract, and the Contractor project specific locations (PSLs), within 1 mile of the project limits, for the Contract will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the right of way. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres, provide a copy of the Contractor NOI for PSLs on the right of way to the Engineer and to the local government that operates a separate storm sewer system. Prevention of Mi rg atory Bird Nesting It is anticipated that migratory birds, a protected group of species, may try to nest on bridges, culverts, vegetation, or gravel substrate, at any time of the year. The preferred nesting season for migratory birds is from February 15 through October 1. When practicable, schedule construction operations outside of the preferred nesting season. Otherwise, avoid nests containing migratory birds and perform no work in the nesting areas until the young birds have fledged. The following Holiday/Event lane closure restriction requirements apply to this project: No work that restricts or interferes with traffic shall be allowed between 3 PM on the day preceding a Holiday or Event and 9 AM on the day after the Holiday or Event. Holiday Lane Closure Restrictions New Year's Eve and New Year's Day 3 PM December 30 through 9 AM January 2 (December 31 through January 1) Easter Holiday Weekend (Friday through 3PM Thursday through 9 AM Monday Sunday) Memorial Day Weekend (Friday through 3 PM Thursday through 9 AM Tuesday Monday) Independence Day (July 3 through July 5) 3 PM July 2 through 9 AM July 6 Labor Day Weekend (Friday through 3 PM Thursday through 9 AM Tuesday Monday) Thanksgiving Holiday (Wednesday through 3 PM Tuesday through 9 AM Monday Sunday) Christmas Holiday (December 23 through 3 PM December 22 through 9 AM December December 26) 27 Plan work schedules around the appropriate dates above to ensure productive work is performed without lane closures. General Notes Sheet F 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet G County: TARRANT Highway: BEACH ST Item 8. Prosecution and Progress Control: 0902-00-0315 Working days will be computed and charged in accordance with Section 8.3.1.1, `Five -Day Workweek.' Item 104. Removing Concrete When associated with a structure to be removed, removal of riprap as required, approach slabs, and shoulder drains are to be included in the unit price bid for Item 496, "Removing Structures." Item 105. Removing Treated and Untreated Base and Asphalt Pavement Cement, lime, and/or lime fly -ash treated base material removed on this project will become the property of the Contractor. Item 161. Compost Place approximately 4" of compost manufactured topsoil (CMT) on all cut and fill slopes (except drainage channels where flexible channel liners are indicated), at other locations shown on the plans, or as directed. Use the processed material from Item 100 as the wood chips to blend with the compost to produce the Erosion Control Compost required for this project. This is considered subsidiary to Item 161. Item 162. Sodding for Erosion Control Place approximately 4 inches of topsoil on areas shown or directed. Excavation for topsoil should not exceed 3 feet in depth unless otherwise directed. Item 416. Drilled Shaft Foundations Stake foundation as shown on plans. Calculate signal head clearance and report to the Engineer. Obtain Engineer's approval of location before installing foundation. Item 421. Hydraulic Cement Concrete For Class P (Item 360) and S (Item 421) Concrete Only: For concrete plants equipped with 2 aggregate bins or no calibrated metering system, blend manufactured and natural sand at the aggregate source only. For concrete plants equipped with a minimum of 3 bins and a calibrated General Notes Sheet G 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet H County: TARRANT Control: 0902-00-0315 Highway: BEACH ST metering system, blending of the separate sands on -site is permitted to meet gradation and AIR requirements. Strength/cylinder testing equipment must be equipped with a printer for an electronic print out of all test results. Air entrainment requirements are waived for all classes of concrete except all Class S and all Class P concrete. Concrete will not be rejected for low air content. Adjustment to the dosage of air entrainment will be as directed or allowed by the Engineer. Include the approved mix design number on each delivery ticket. Ensure that Contractor personnel performing job -control (QC) testing on concrete are ACI certified and maintain certification with annual proficiency/split tests performed with TxDOT. Provide a copy of all personnel certification papers to the Engineer at the preconstruction meeting. The Engineer may require the Contractor's testers to provide the certification papers upon arrival and before testing at the job site. Certified testers will be required to participate with certified TxDOT personnel annually for compression testing (Tex-418-A) and capping cylinders (Tex-450-A) to retain their certification on TxDOT projects. Furnish a hard copy of all testing equipment calibration reports at the preconstruction meeting when non-TxDOT equipment is used to test concrete. Furnish updated reports as equipment is calibrated through the project contract. The calibration frequency will match TxDOT's and will apply for each piece of equipment as follows: Slump Cone - Annual Air Meter - Every 3 months Compression Tester - Annual Beam breaker - Annual The Engineer may allow the use of local commercial laboratories under contract to provide these services. The Commercial Laboratory must fulfill requirements listed above prior to performing any work. Item 432. Riprap The quantities for riprap at the location indicated may be varied to the extent necessary to ensure proper functioning for the purpose intended. All concrete riprap will be 5" (.42') in thickness, unless otherwise shown on the plans, and must be reinforced. General Notes Sheet H 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet I County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Item 464. Reinforced Concrete Pipe All bends and connections in pipe must be prefabricated. Item 466. Headwalls and Wingwalls Do not use precast headwalls/wingwalls. Item 502. Barricades, Signs, and Traffic Handling The contractor force account `safety contingency' that has been established for this project is intended to be utilized for work zone enhancements to improve the effectiveness of the traffic control plan that could typically not be foreseen in the project planning and design stage. These enhancements will be mutually agreed upon by the Engineer and the Contractor's responsible person based on weekly or more frequent traffic management reviews on the project. The Engineer may choose to use existing bid items if it does not slow the implementation of enhancement. Maintenance of roadways, not paid as Item 508, "Constructing Detours," and designated in the traffic control plan to carry traffic, will be the responsibility of the Contractor and will be paid for by "Contractor Force Account or Agreed Unit Price". Permanent signs may be installed when construction in an area is complete and they will not conflict with the traffic control plan for the remainder of the job. Existing signs are to remain as long as they do not interfere with construction and they do not conflict with the traffic control plan. Any sign not detailed in the plans but called for in the layout will be as shown in the current "Standard Highway Sign Designs for Texas". When traffic is obstructed, arrange warning devices in accordance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices". Cover or remove any work zone signs when work or condition referenced is not occurring. Do not place barricades, signs, or any other traffic control devices where they interfere with sight distance at driveways or side streets. Provide access to all driveways during all phases of construction unless otherwise noted in the plans or as directed. General Notes Sheet I 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet J County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Item 506. Temporary Erosion, Sedimentation, and Environmental Controls The SW3P for this project will consist of using the following items as directed: • Construction perimeter fence • Erosion control logs Remove accumulated sediment or replace SW3P controls when the capacity has been reduced by 50% or when the depth of sediment at the control structure exceeds one foot. Item 528. Colored Textured Concrete and Landscape Pavers Ensure that all signal pole foundations, sign bases, electrical ground boxes, manholes, inlets and other appurtenances within the area to be paved are constructed to the proper finished grade. The paver installation contractor must have a minimum of 3 years' experience in the installation of interlocking concrete pavers. All pavers will conform to ASTM C 936(6). Where exposed to vehicular traffic, pavers will be 3- 1/8" thick. In all other areas, pavers will be a minimum 2-3/8" thick. Provide certification from a professional test laboratory showing that the materials used and fabrication of the pavers meet or exceed these requirements. All pavers will be free of defects that would interfere with proper placement or impair the strength or performance of the units. Acceptance of pavers which contain minor cracks, incidental to the usual methods of manufacture and shipping or resulting from customary methods of handling and delivery, will be at the Engineer's discretion. Deliver pavers to the project site on pallets, bound in such a manner as to prevent damage to the product during shipping, handling, and unloading. Furnish flexible base meeting the requirements of Item 247, "Flexible Base," Type A, Grade 4. Restrain all edges of the paved area. Edge restraints will be cast -in -place concrete grade beams, 4" wide x 8" deep, or as shown on the plans. Existing sidewalk, curb, or pavement can also serve as edge restraints. Use string lines to maintain true pattern lines relative to back of curb, sidewalk, pavement or edge restraint, or as directed. Fill gaps at the perimeter of the paved area with standard edge units or units cut to fit. Cut pavers with a masonry saw, leaving a smooth, clean edge. Pavers which spall along a cut edge will be rej ected. Upon completion of construction, sweep and clean the paver surface of all excess sand, soil, foreign material, or stains. General Notes Sheet J 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet K County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Items 530 And 531. Intersections, Driveways and Turnouts, and Sidewalks The furnishing and installation of the sand cushion in proposed sidewalks, sidewalk ramps, and driveways will not be paid for directly but will be subsidiary to this bid item. Item 618. Conduit After installing conduit and pulling conductor, leave a high tensile strength polyester fiber pull tape in the conduit for future use. Item 620. Electrical Conductors Clearly and permanently mark each illumination conductor installed in a signal pole as "ILLUMINATION" where it can be clearly seen from the hand hole. Use plastic zip ties with labeling plate to mark conductor. Item 628. Electrical Services Before installing any electrical service, consult with the appropriate utility company before beginning work and verify all metering equipment requirements with the provider have been met. Provide a commercial grade, meter base with by-pass switch. Obtain 911 address and ESID from electric utility company. Contact the TXDOT Signal Shop to make application for service. Item 656. Foundations for Traffic Control Devices Stake foundations as shown on plans. Obtain Engineer's approval of location before installing foundation. Item 666. Reflectorized Pavement Markings with Retroreflective Requirements Collection of retroreflectivity readings using a mobile retroreflectometer is the preferred method. If retroreflectivity readings are collected using a portable or handheld unit, then measurement is defined as a collective average of at least 20 readings taken along a 200-foot test section. A minimum of three measurements will be required per mile of roadway. Measurements collected on a centerline stripe will be averaged separately for stripe in each direction of travel. A TxDOT inspector must witness the calibration and collection of all retro-reflectivity data. General Notes Sheet K 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet L County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Item 680. Installation of Highway Traffic Signals Furnish and install all required materials, incidentals and equipment necessary for a fully operational traffic signal. The proposed equipment shall be compatible with the existing systems in the area. Provide all illumination fixtures to be installed in this contract. Use 250W equivalent LED luminaires. Where work requires the removal of power from the controller and cabinet assembly, erect temporary stop signs. Remove the stop signs after the traffic signals are in operation. The contractor shall furnish and install 356i cabinet and ATC controller as per the City Specifications. Deliver the cabinet, controller, accessories, and three complete sets of signal construction plans to the City of Fort Worth signal shop, 5001 James Avenue, Fort Worth for testing. Notify the Signal Shop two working days prior to delivery of the cabinet. Wire the signal installation to operate in accordance with phase diagrams in these plans. Timing and phasing will be maintained by the operating agency. Deliver a copy of all revisions to the original timing and phasing plans to the City Signal Shop. One copy is to stay in the controller cabinet at the completion of the project. Project Inspection. Contact the City Signal Shop in advance of needed inspections. At the time of the final electrical inspection, the Inspector will create a discrepancy list to be corrected and repaired before signal is put into flash mode. Signal Turn -On. Upon completion of the signal construction, schedule the date and time for the switch over of the traffic signal on Monday thru Thursday between 9:00 AM — 12:00 PM. Place the traffic signal into full operation only after all required striping is complete and all conflicting signing is removed. The City signal inspector and technician must be present when the signals are placed in full color operation. Test Period. The 30-day test period begins at completion of signal installation and start of full - color operation. Completion of 30-day test does not relieve the Contractor from responsibility of operation and maintenance. The Contractor is responsible for all work constructed until final acceptance of the Contract. General Notes Sheet L 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet M County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Trouble calls and log. Provide qualified personnel reachable by telephone and available to receive calls on a 24-hour basis. Respond to reported calls and make field assessment within 2 hours and make appropriate repairs within 24 hours. Place a logbook in each controller cabinet and keep a record of each trouble call reported. Notify the Engineer of each trouble call. The error logs shall not be cleared without approval. If it is necessary to replace equipment in order to return the signals to normal operation, City may provide temporary replacement equipment until the original equipment is repaired or replaced Item 682. Vehicle and Pedestrian Signal Heads Vehicle signal heads shall be yellow aluminum with 5 inch, black, aluminum, vented back plates unless otherwise shown on plans. Signal heads shall be installed level and plumb and aimed as directed. Cover all signal faces until placed in operation. Item 684. Traffic Signal Cables Clearly and permanently mark each cable as shown on the plans (CABLE 1, etc.) at each signal head, ground box, terminal block, pole base and controller. Use plastic zip ties with labeling plate to mark cable. Provide an extra 10' for each cable terminating in the controller cabinet. Terminate all electrical conductors from the controller (including spares) at the termination block in the signal pole hand hole. Item 686. Traffic Signal Pole Assemblies (Steel) Provide all signal poles for a project or work order from the same manufacturer. Install mast arm damping plates at the end of SMA and DMA standard poles in accordance with the details shown in the MA-DPD standard sheet. Dampers for LMA poles may be required as directed by the Engineer. The cost of damping plates shall be considered subsidiary to the traffic signal pole assemblies. Plug any unused openings in the mast arms or poles with an approved material. Provide a 3-piece bracket assembly on strain poles or drill the pole and use thimble eyebolts to attach the strand vise for the span wire. General Notes Sheet M 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet N County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Item 3076. Dense -Graded Hot -Mix Asphalt RAP aggregate must meet the requirements of Table 1. Provide aggregate with a Surface Aggregate Classification (SAC) value of A PG70-28 for the surfaces other than the travel lanes. No blending, of the material retained on the No. 4 sieve, to meet SAC A will be allowed for surface mixes. Natural (field) sands are not allowed. Provide a PG 70-28 asphalt for the base course. Provide a PG 70-28 asphalt for the concrete underlayment course. Furnish a CSS-1P with greater than 50% asphalt residue for the tack coat on this project. A trackless tack can be used in lieu of CSS-lP tack coat or as directed by the Engineer. The Engineer will set the rate at time of application. Warm Mix Asphalt (WMA) is not permitted in any mix type on this project. RAP and RAS are not permitted in any surface and levelup mixes on this project. Grade substitution per Table 5 is not allowed. Use the Boil Test, Test Procedure Tex-530-C, and provide only mixes that produce zero percent (0%) stripping for design verification and during production. Include the approved mix design number on each delivery ticket. Use a Material Transfer Device (MTD) unless otherwise directed. Stop production after Lot 1. Review all test data and confirm any changes with the Engineer. Do not start production and placement on subsequent Lots until approved by the Engineer. Shoulders, crossovers, and other areas listed on the Plan sheets or as directed are not subject to in - place air void determination for this project. Temporary detours are subject to in -place air void determination for this project. Use Surface Test Type B for this project. General Notes Sheet N 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 Federal Project Number: STP 2024(346)FRS Sheet O County: TARRANT Control: 0902-00-0315 Highway: BEACH ST Item 6001. Portable Changeable Message Signs Provide all portable changeable message signs and arrow panels with a photoelectric device to allow for automatic dimming of operations to approximately 50% of their normal brightness when ambient light drops to approximately five footcandles, and then increase back again for daytime operations. (Number) electronic portable changeable message sign unit(s) will be required. Individual or collective use of signs will be required by the Engineer when deemed necessary to supplement the traffic control plan. Each sign must have programmed in its permanent memory the following 15 messages: 1. Exit Closed Ahead 2. Use Other Routes 3. Right Lane 4. Left Lane 5. Closed Ahead 6. Two Lane 7. Detour Ahead 8. Thru Traffic 9. Prepare To Stop 10. Merging Traffic 11. Expect 15 Minute Delay 12. Max Speed ** MPH 13. Merge Right 14. Merge Left 15. No Exit Next ** Miles Railroad Flagging: Railroad Work This will be used for coordination, scheduling, and payment of third -party railroad flagmen. Railroad flagging expenses will be reimbursed in accordance with TxDOT Specification Item 9L Measurement and Payment. The unit price included in the proposal form is a set budget established by the City to pay for flagger expenses. 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Local Government General Requirements and Covenants 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L Item 1 L Abbreviations and Definitions 1. APPLICABILITY >,Texas Department of Transportation Wherever the following terms are used in these specifications or other Contract documents, the intent and meaning will be interpreted as shown below. 2. ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee, Inc. AMPP Association for Materials Protection and Performance AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance -of -Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Materials Specification EIA Electronic Industries Alliance EPA U.S. Environmental Protection Agency FHWA Federal Highway Administration, U.S. Department of Transportation FSS Federal Specifications and Standards (General Services Administration) GSA General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITE Institute of Transportation Engineers ITS Intelligent Transportation System LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List NCHRP National Cooperative Highway Research Program NCR Nonconformance Report NEC National Electrical Code (Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NPCA National Precast Concrete Association NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance OSHA Occupational Safety and Health Administration, U.S. Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PPI Plastics Pipe Institute PS&E Plans, Specifications, and Estimates PSL Project Specific Location PTI Post -Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TMUTCD Texas Manual on Uniform Traffic Control Devices UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3. DEFINITIONS 3.1. Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost. Contractor's actual cost to provide labor, material, equipment, and project overhead necessary for the work. 3.3. Addendum. Change in proposal forms developed between advertising and bid submittal deadline. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.4. Additive Alternate. A bid item contained in a proposal that is not a regular item or a replacement alternate bid item. The additive alternate item(s) include work that may be added to the base bid at the time of letting. 3.5. Advertisement. The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.6. Affiliates. Two or more Bidders are affiliated if they share common officers, directors, or stockholders; a family member of an officer, director, or stockholder of one Bidder serves in a similar capacity in another of the Bidders; an individual who has an interest in, or controls a part of, one Bidder either directly or indirectly also has an interest in, or controls a part of, another of the Bidders; the Bidders are so closely connected or associated that one of the Bidders, either directly or indirectly, controls or has the power to control another Bidder; one Bidder controls or has the power to control another Bidder; or the Bidders are closely allied through an established course of dealings, including, but not limited to, the lending of financial assistance. Refer to 43 TAC § 9.12(g), "Affiliated Entities." 3.7. Air Blasting. Spraying blasts of pressurized air free of oil and moisture. 3.8. Air Temperature. The temperature measured in degrees Fahrenheit (°F) in the shade, not in the direct rays of the sun, and away from artificial heat. 3.9. Anticipated Profit. Profit for work not performed. 3.10. Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner. 3.11. Architect of Record. A person registered as an architect or licensed as a landscape architect, in conformance with State law, exercising overall responsibility for the design or a significant portion of the design and performing certain Contract administration responsibilities as described in the Contract; or a firm employed by the Owner to provide professional architectural services. 3.12. Arterial Highway. A highway used primarily for through traffic and usually on a continuous route. 3.13. Available Bidding Capacity. Not applicable to Locally Let projects. 3.14. Award. The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Bid. The offer from the Bidder for performing the work described in the proposal. 3.16. Bid Bond. The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.17. Bid Error. A mathematical mistake made by a Bidder in the unit price entered into the proposal. 3.18. Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed Contract. 3.19. Bidders Questionnaire. A prequalification form that reflects detailed equipment and experience data but waives audited financial data. 3.20. Bidding Capacity. Not applicable to Locally Let projects. 3.21. Blast Cleaning. Using one of the blasting methods including, but not limited to water blasting, low-pressure water blasting, high-pressure water blasting, abrasive blasting, water -abrasive blasting, shot blasting, slurry blasting, water -injected abrasive blasting, and brush blasting. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.22. Bridge. A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway, or a railway) with a roadway or track for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of arches, or extreme ends of the openings for multiple box culverts. 3.23. Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material. 3.24. Building Contract. Not applicable to Locally Let projects. 3.25. Callout Work. Contracts, or work items in Contracts, that require a Contractor's response on an as -needed basis (e.g., see Item 351, "Flexible Pavement Structure Repair"). 3.26. Certificate of Insurance. A form approved by the Owner covering insurance requirements stated in the Contract. 3.27, Change Order. Written order to the Contractor detailing changes to the specified work, item quantities, or any other modification to the Contract. 3.28. Commission. The Texas Transportation Commission or authorized representative. 3.29. Concrete Construction Joint. A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.30. Concrete Repair Manual. TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.31. ConcreteWorks©. TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT's website. 3.32. Confidential Questionnaire. A prequalification form that reflects detailed financial and experience data. 3.33. Construction Contract. A Contract entered under state law for the construction, reconstruction, repair, or maintenance of a segment of the Owner's or State transportation highway system. 3.34. Consultant. The licensed professional engineer or engineering firm, or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services. The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 3.35. Contract. The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.36. Contract Documents. Elements of the Contract including, but not limited to, the plans, specifications incorporated by reference, special provisions, special specifications, Contract bonds, change orders, addendums, and supplemental agreements. 3.37. Contract Time. The number of working days specified for completion of the work, including authorized additional working days. 3.38. Contractor. The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the Owner. 3.39. Control of Access. The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.40. Control Point. An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.41. Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in part, from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways. 3.42. Cross -Sections. Graphic representations of the original ground and the proposed facility, at right angles to the centerline or base line. 3.43. Culvert. Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts may also be classified as bridges. (See Section 1.3.22., "Bridge.") 3.44. Cycle. The activity necessary for performing the specified work within the right of way project limits once. 3.45. Daily Road -User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.46. Debar (Debarment). Disqualification of an entity from bidding on or entering into a Contract with the Owner, from participating as a subcontractor under a Contract with the Owner, and from participating as a supplier of materials or equipment to be used under a Contract with the Owner. 3.47. Department. The Texas Department of Transportation (TxDOT). 3.48. Departmental Materials Specifications. Reference specifications for various materials published by the Materials and Tests Division. 3.49, Detour. A temporary traffic route around a closed portion of a road. 3.50. Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.51. Disadvantaged Business Enterprise. A for -profit small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51 % owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which at least 51 % of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.52. Divided Highway. A highway with separate roadways intended to move traffic in opposite directions. 3.53. Easement. A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.54. Electronic Vault. The Owner's bidding system where electronic bids are stored before bid opening. 3.55. Engineer. The Chief Engineer of the Owner or the authorized representative of the Chief Engineer. 3.56. Equipment Watch. Publication containing equipment rental rates. 3.57. Escalation Ladder. A process to determine issue resolution during the course of the Contract. 3.58. Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.59. Family Member. A family member of an individual is the individual's parent, parent's spouse, stepparent, stepparent's spouse, sibling, sibling's spouse, spouse, child, child's spouse, spouse's child, spouse's child's 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L spouse, grandchild, grandparent, uncle, uncle's spouse, aunt, aunt's spouse, first cousin, or first cousin's spouse. Refer to 43 TAC § 9.12(g), "Affiliated Entities." 3.60. Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials furnished with markups for project overhead and profit. 3.61. Freeway. An expressway with full control of access. 3.62. Frontage Road. A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access (sometimes known as a service road, access road, or insulator road). 3.63. Hazardous Materials or Waste. Hazardous materials or waste include, but are not limited to, explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations. 3.64. High -Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi. 3.65. Highway, Street, or Road. General terms denoting a public way for purposes of and related to vehicular, pedestrian, and bicycle travel, including the entire area within the right of way including Intersections and Easements; all related structures, improvements, and appurtenances, including but not limited to the roadside and roadside facilities, drainage systems, signal systems, and other traffic in formation and control systems; or other structures or improvements that directly or indirectly serve public travel. Recommended usage in urban areas is highway or street, and in rural areas, highway or road. 3.66. Historically Underutilized Business (HUB). A corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit certified by the Texas Building and Procurement Commission, and 51 % owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, Asian -Pacific Americans, Native Americans, or women, and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business' affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.67. In Writing. Communication memorialized, including written or electronic documentation by email or letter only. 3.68. Incentive and Disincentive Provisions. An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates. The amount of the incentive and disincentive is determined based on estimated costs for engineering, traffic control, delays to the motorists, and other items involved in the Contract. 3.69. Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program. The tests are performed by the Owner and are not used for acceptance purposes. 3.70. Inspector. The person assigned by the Engineer to inspect for compliance with the Contract any or all parts of the work and the materials used. 3.71. Intelligent Transportation System. An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.72. Intersection. The general area where two or more highways, streets, or roads join or cross, including the roadway and roadside facilities for vehicular, pedestrian, and bicycle traffic movements within it. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.73. Island. An area within a roadway from which vehicular traffic is intended to be excluded, together with any area at the approach occupied by protective deflecting or warning devices. 3.74. Joint Venture. Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid proposal. 3.75. Lane Rental. A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or combination of lanes and shoulders taken out of service. 3.76. Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder. 3.77. Letting Official. The employee empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.78. Licensed Professional Engineer. A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer. 3.79. Limits of Construction. An area with established boundaries, identified within the highway right of way and easements, where the Contractor is permitted to perform the work. 3.80. Local Street or Road. A street or road primarily for access to residence, business, or other abutting property. 3.81. Low -Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi. 3.82. Major Item. An item of work included in the Contract that has a total cost equal to or greater than 5% of the original Contract or $100,000 whichever is less. A major item at the time of bid will remain a major item. An item not originally a major item does not become one through the course of the Contract. 3.83. Material Producer List. TxDOT-maintained list of approved products, materials, laboratories, service providers, manufacturers, and producers. 3.84. Materially Unbalanced Bid. A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner. 3.85. Materials Contract. Not applicable to Locally Let projects. 3.86. Materials Supplier's Questionnaire. A prequalification form that reflects basic information, such as company contact, signature authority, and other requirements, but waives financial, equipment, and experience data. 3.87. Mathematically Unbalanced Bid. A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs. 3.88. Median. The portion of a divided highway separating the traffic lanes in opposite directions. 3.89. Milestone Date. The date that a specific portion of the work is to be completed before the completion date for all work under the Contract. 3.90. Monolithic Concrete Placement. The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.91. National Holidays. January 1, the last Monday in May, July 4, the first Monday in September, the fourth Thursday in November, December 24, and December 25. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.92. Nonhazardous Recyclable Material. A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.93. Nonresident Bidder. A Bidder whose principal place of business is not in Texas. This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.94. Nonresponsive Proposal. A proposal that does not meet the criteria for acceptance contained in the proposal form. 3.95. Non -Site -Specific Contracts. Contracts where a geographic region is specified for the work and work orders, with or without plans, detail the limits and work to be performed. 3.96. Notification. Either written or oral instruction to the Contractor. Voice mail is oral notification. 3.97. Pavement. That part of the roadway with a constructed surface for the use of vehicular traffic. 3.98. Pavement Structure. Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.98.1. Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.98.2. Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. 3,98.3. Subgrade Treatment. Modifying or stabilizing material in the subgrade. 3.98.4. Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists skidding, traffic abrasion, and the disintegrating effects of climate and is sometimes called the wearing course. 3.99. Payment Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.100. Performance Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.101. Plans. The drawings approved by the Engineer, including true reproductions of the drawings that may show the location, character, dimensions, and details of the work and are a part of the Contract. Documents may include drawings or digital files. 3.102. Power of Attorney for Surety Bonds. An instrument under corporate seal appointing an attorney -in -fact to act on behalf of a Surety in signing bonds. 3.103. Prequalification. The process for determining a Contractor's eligibility to bid work. 3.104. Prequalification Statement. The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.105. Project -Specific Location. A material source, plant, waste site, parking area, storage area, field office, staging area, haul road, or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.106. Proposal. The offer from the Bidder submitted on the prescribed form, including addenda issued, giving unit bid prices for performing the work described in the plans and specifications. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.107. Proposal Form. The form printed and sent to the Bidder by the Owner or printed by the Bidder from the Owner's bidding system. 3.108. Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.109. Quality Assurance (QA). Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.110. Quality Control (QC). Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 3.111. Ramp. A section of highway for the primary purpose of making connections with other highways. 3.112. Recurring Maintenance Work Contracts. Contracts or work for which maintenance is needed at the same location on more than one occasion (e.g., mowing Contracts for which mowing cycles are requested on multiple occasions). 3.113. Referee Tests. Tests requested to resolve differences between Contractor and Engineer test results. 3.114. Regular Item. A bid item contained in a proposal and not designated as an additive alternate or replacement alternate bid item. 3.115. Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates. 3.116. Repair. Performed under Transportation Code §223, Subchapter A for Highway Improvement Contracts and includes restoration of a Highway, Street, or Road by replacing or putting together, in whole or in part, what is torn, broken, or otherwise damaged. Repair denotes the process of restoring all or part of a Highway, Street, or Road that has been subjected to decay, waste, injury, partial destruction, erosion, dilapidation, degradation, etc. 3.117. Replacement Alternate. A bid item identified the proposal form that a Bidder may substitute for a specific regular item of work. 3.118. Responsive Bid. A proposal that meets all requirements of the proposal form for acceptance. 3.119. Right of Way. A general term denoting land or property devoted to transportation purposes. 3.120. Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and shoulders. On divided highways, the depressed median type and the raised median type highways are considered to have two roadbeds. Highways with a flush median are considered to have one roadbed. Frontage roads are considered separate roadbeds. 3.121. Road Master. A railroad maintenance official in charge of a division of railway. 3.122. Roadside. The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.123. Roadway. The portion of the highway (including shoulders) used by the traveling public. 3.124. Routine Maintenance Contract. Not applicable to Locally Let projects. 3.125. Sandblasting, Dry. Spraying blasts of pressurized air combined with sand. 3.126. Sandblasting, Wet. Spraying blasts of pressurized water combined with sand. 10 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.127. Shot Blasting. Spraying blasts of pressurized air combined with metal shot. 3.128. Shoulder. That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.129. Sidewalk. Portion of the right of way constructed exclusively for pedestrian use. 3.130. Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.131. Small Business Enterprise. A firm (including affiliates) whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive yr. 3.132. Special Provisions. Additions or revisions to these standard specifications or special specifications. 3.133. Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.134. Specifications. Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. References to DMSs, ASTM or AASHTO specifications imply the latest standard or tentative standard in effect on the date of the proposal. The Engineer will consider incorporation of subsequent changes to these documents in accordance with Item 4, "Scope of Work." 3.135. State. The State of Texas. 3.136. State Holiday. A holiday authorized by the State Legislature excluding optional State holidays and not listed in Section 1.3.91., "National Holidays." A list of State holidays can be found on the TxDOT's website. 3.137. Station. A unit of measurement consisting of 100 horizontal ft. 3.138. Subcontract. The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.139. Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, a truck owner -operator, a wholly owned subsidiary, or specialty -type businesses such as security companies and rental companies. 3.140. Subsidiary. Materials, labor, or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.141. Substantial Completion of Work. The date (day) when all project work requiring lane or shoulder closures or obstructions is completed, and traffic is following the lane arrangement as shown on the plans for the finished roadway; all pavement construction and surfacing are complete; and traffic control devices and pavement markings are in their final position, unless otherwise shown on the plans. The Engineer may make an exception for permanent pavement markings provided the lack of markings does not cause a disruption to traffic flow or an unsafe condition for the traveling public, and work zone pavement markings are in place. 3.142. Substructure. The part of the structure below the bridge seats but not including bearings, drilled shafts, or piling. Parapets, back walls, wing walls of the abutments, and drainage structures are considered parts of the substructure. 3.143. Superintendent. The representative of the Contractor who is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L 3.144. Superstructure. The part of the structure above the bridge seats or above the springing lines of arches and including the bearings. Flatwork construction may be considered superstructure. 3.145. Supplemental Agreement. Written agreement entered into between the Contractor and the Owner and approved by the Surety, covering alterations and changes in the Contract. A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one entity to another or other cases as desired by the Owner. 3.146. Surety. The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.147. Surplus Materials. Any debris or material related to the Contract not incorporated into the work. 3.148. Suspension. Action taken by the Owner or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a highway improvement Contract as defined in Transportation Code, Chapter 223, Subchapter A. 3.149. Traffic Lane. The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 3.150. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 3.151. Truck Owner -Operator. An individual who owns and operates one truck for hire. 3.152. UT -Bridge. TxDOT-owned software for steel girder erection. Software is available on the TxDOT's website. 3.153. UT -Lift. TxDOT-owned software for steel girder erection. Software is available on the TxDOT's website. 3.154. Utility. Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, heat, gas, oil, water, waste, or stormwater that are not connected with the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility company. 3.155. Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing. 3.156. Water -Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. 3.157. Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi. 3.158. Water -Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive and air stream at the nozzle. 3.159. Wholly Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor. 3.160. Work. The furnishing of all labor, materials, equipment, and incidentals necessary for the successful completion of the Contract. 3.161. Work Order. Written notice to the Contractor to begin the work. The work order may include the date when work and time charges will begin, the allowable number of working days, and plan sheets providing details specific to a location or to an item of work for non -site -specific work. A work order is part of the Contract. 3.162. Written Notice. Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last 12 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 1L known business address; sent by facsimile to the last known phone number; or sent by email to the last known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current contact information will not be considered a failure to provide written notice. 13 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 2L Item 2L = Instructions to Bidders. a! 7rar�sparfatrorr 1. INTRODUCTION Instructions to the Contractor in these specifications are generally written in active voice, imperative mood - The subject of imperative sentences is understood to be 'the Contractor." The Owner's responsibilities are generally written in passive voice, indicative mood. Phrases such as "as approved," 'unless otherwise approved," "upon approval," 'as directed,' 'as verified," "as ordered,' and 'as determined" refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authorized by the Contract. 2. ELIGIBILITY OF BIDDERS The Contractor does not need to be prequalitied by TxDOT. 3. ISSUING PROPOSAL FORDS The Owner will issue a proposal form to a prequalified Bidder if the Engineer's estimate is within that Bidder's available bidding capacity. Request a proposal form electronically from the Owner's website_ A proposal form printed directly from the Owner's website is for informational purposes only and will not be accepted as an official proposal form_ In the case of a joint venture (JV), all JV parfcipants must be prequalified_ An equally divided portion of the Engineer's estimate must be within each participant's available bidding capacity_ The Owner will not issue a proposal form if one or more of the following apply ■ the Bidder is suspended or debarred by the Commission or Tx]OT, ■ the Bidder has not fulfilled the requirements for prequalification, ■ the Bidder does not have the available bidding capacity, ■ the Bidder is prohibited from rebidding a specific proposal form due to a bid error on the original proposal form, ■ the Bidder failed to enter into a Contract on the original award, ■ the Bidder was defaulted or terminated on the original Contract, unless the Owner terminated in the best interest of the State or the public, ■ the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based, ■ the Bidder is ineligible to bid on any proposed Contract in accordance with Article 7L.15., 'Responsibility for Damage Claims," ■ the Bidder failed to attend a mandatory pre -bid conference, ■ the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project but was deemed nonresponsive for failure to register or partiapate in the Department of Homeland Security (DHS) E-Verify system as specified in Article 2.15_, 'Department of Homeland Security (DHS) E-Verify System; is prohibited from rebidding that specific project. 4. INTERPRETING ESTIMATED QUANTITIES The quantities listed on the proposal form are approximate and will be used for the comparison of bids_ Payments will be made for the work performed in accordance with the Contract_ 2019 Bond Railroad Tnmty Railway Express at North Beach Street Safety Improvement& CIYN 101865 2024 Specifications 2L 5. EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the proposal form, plans, specifications, and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and underground utilities shown on the plans were obtained for the Owner's use in the preparation of the plans. This information is provided for the Bidder's information only, and the Owner makes no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for Contractor -proposed changes on the proposal form given during the bidding process are not binding. Only requirements included on the proposal form, associated specifications, plans, and Owner -issued addenda are binding. Request explanations of documents in adequate time to allow the Owner to reply before the bid opening. Immediately notify the Owner of any error, omission, or ambiguity discovered in any part of the proposal form and Contract documents. The Owner will issue addenda when appropriate. 6. PREPARING THE BID Prepare the bid on the proposal form furnished by the Owner. Informational proposal forms printed from the Owner's website will not be accepted. Specify a unit price in dollars and cents for each regular item and additive alternate item, or replacement alternate item for which an estimated quantity is given. When "Working Days" is an item, submit the number of working days to be used to complete the Contract or phases of the Contract shown on the plans. The Owner will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is considered incomplete: ■ certifications were not acknowledged, ■ a regular item or the additive alternate item is left blank, ■ a regular item and the corresponding replacement alternate item are left blank, ■ the proposal form submitted had the incorrect number of items, ■ the Bidder did not acknowledge all addenda, or ■ additionally, for printed bids: the blank spaces for each item as required on the bid form are not filled in by writing in words in ink, the bid was not signed in ink in the complete and correct name of the bidder making the bid, and signed by the person or persons authorized to bind the bidder, or unit prices were not stated in dollars and cents for each bid item listed on the bid form, except in the case of a regular bid item that has an alternate bid item. 7. NONRESPONSIVE BID The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive: ■ the bid was not in the hands of the Letting Official at the time and location specified in the advertisement, 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 21L ■ a proposal form was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates, the Bidder was not authorized to receive a proposal form under Article 2L.3., "Issuing Proposal Forms," ■ the Bidder failed to acknowledge receipt of all addenda issued, ■ the proposal form was signed by a person who was not authorized to bind the Bidder or Bidders, ■ the proposal guaranty did not comply with the requirements contained in this Item, ■ the bid was in a form other than the official proposal form issued by the Owner, ■ the Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the proposal form, ■ the Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an item, ■ a typed proposal form does not contain the information in the format shown on the "Example of Bid Prices Submitted by Computer Printout" on the proposal form, ■ the Bidder did not meet the requirements of the technical qualification, ■ the Bidder failed to participate in the DHS E-Verify system as specified in Article 2L.15., "Department of Homeland Security (DHS) E-Verify System." ■ The bidder is not prequalified by TxDOT 8. ELECTRONIC BID The Bidder is responsible for taking the appropriate measures to submit a bid. These measures include, but are not limited to acquiring hardware, software, and Internet connectivity needed for submitting a bid via the Owner's bidding system. 8.1. Proposal Form. Use the electronic proposal form in the Owner's bidding system. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda listed in the Owner's bidding system. The electronic proposal form does not contain the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference. 8.2. Proposal Guaranty. Provide a proposal guaranty in the amount indicated on the proposal form. Use an electronic bid bond. Guaranty checks or printed bid bonds will not be accepted. For a JV, the bond must be in the name of all JV participants. Enter the bond authorization code into the Owner's bidding system. It is the Bidder's responsibility to ensure the electronic bid bond is issued in the name or Owner vendor identification numbers of the Bidder or Bidders. 8.3. Submittal of Bid. Submit the bid to the vault using the Owner's bidding system. 8.4. Revising the Proposal Form. Make desired changes in the Owner's bidding system up until the time and date set for the opening of bids. The last bid submitted to the vault will be used for tabulation purposes. 8.5. Withdrawing a Bid. Submit an electronic or written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. An electronic request must be made using the Owner's bidding system. If a bidder is unable to withdraw an electronic bid using the Owner's bidding system, a written request may be submitted. A written request must be signed and submitted to the Letting Official conducting the letting, with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of a JV, the Owner will accept a request from any person authorized to bind a party to the JV. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 2L The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 9. OPENING AND READING OF BIDS At the time, date, and location specified in the official advertisement, the Letting Official will publicly open and read bids. 10. TABULATING BIDS 10.1. Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid on the proposal form to determine the official total bid amount, except as provided in Section 2L.11.5., "Consideration of Unit Prices." The official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public. 10.2. Consideration of Bid Format. When a Bidder submits both an electronic bid and a printed bid that are responsive, the unit bid prices in the electronic bid will be used to determine the total bid amount. If the electronic bid is incomplete or nonresponsive, the printed bid will be used in the tabulation of the total bid amount. If a Bidder submits two or more printed bids, all responsive bids will be tabulated. The bid with the lowest tabulation will be used to determine the total bid amount. 10.3. Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent to the nearest one -tenth cent ($0.001) in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract. For rounding purposes, entries that contain five -hundredths of a cent ($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries that contain less than five -hundredths of a cent will be rounded down to the next lowest tenth of a cent and in accordance with Section 2L.11.5., "Consideration of Unit Prices." Bids less than one -tenth of a cent ($0.001) will be rounded to one -tenth of a cent ($0.001). When credit items are included (negative unit prices), rounding is performed on the absolute value. 10.4. Interpretation of Unit Prices. The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items. The Owner's determination will be final. 10.5. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of less than $0.001 will be tabulated as one -tenth of a cent ($0.001). Proposals in which unit bid prices have been left blank are incomplete and nonresponsive. 10.5.1. Alternate Items. If a proposal has a regular and corresponding alternate item or group of items, the proposal will be considered complete if: ■ the regular item or group of regular items has unit prices entered, ■ the alternate item or group of alternate items has unit prices entered, or ■ both regular item or group of regular items and alternate item or group of alternate items have unit prices entered. The Owner will use the price bid for the regular or the alternate item, or group of items, that will result in the lowest cost to the State. The bid will be considered incomplete and nonresponsive if: ■ a regular item or group of regular items is left blank, or ■ a corresponding alternate item or group of alternate items is left blank. 10.5.2. Additive Alternate Items. The Owner will sum the products of the quantities and the unit prices bid for the regular items on the proposal form to determine the total bid amount for the base bid. The official total bid 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 2L amount will be determined by the summation of the base bid plus a predetermined order of additive alternate items, not to exceed the Owner's budgeted amount for the Contract. An estimate of the budgeted amount may be shown on the plans. The Contract will identify the base bid work and additive alternate work to be performed. The Owner makes no guarantee that the additive alternate work will be required. 10.5.3. A + B Bidding. The official total bid amount will be determined by the summation of the Contract amount and the time element. The Owner will use the following formula to make the calculation: A + B1 + B2 + BX + ... + BT The Contract amount, equal to A in the formula, is determined by the summation of the products of the approximate quantities shown in the proposal and the unit bid prices bid, and the time element, equal to B1, B2, BX (when phases are included as bid components), and BT (substantial completion of the project when included as a bid component), of the bid is determined by multiplying the number of working days bid to substantially complete the project, or phases, by the daily road -user cost (RUC) shown on the plans. When partial days are bid, they will be rounded up to the nearest whole day. The formula above determines the low Bidder and establishes the Contract time or time for specific phases of the Contract. 10.5.4. Rubber Additives. For proposed Contracts without federal funds, if an alternate item for "Hot Asphalt - Rubber Surface Treatments" or "Hot -Mix Asphalt Concrete Pavement" that contains ground tire rubber is shown on the proposal form and the Bidder bids that alternate item, the amounts bid for "Hot Asphalt - Rubber" and "Aggregate" or "Hot -Mix Asphalt Concrete" will be reduced to 85% of the amounts actually bid. This reduction will only be used for the purposes of determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from scrap tire ground in a facility in Texas. Payment for "Hot Asphalt - Rubber" and "Aggregate" or "Hot -Mix Asphalt Concrete" will be at the actual unit prices bid. 10.5.5. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on proposed Contracts without federal funds, the Owner will select the option that results in the greatest bidding preference to the resident Bidder. 10.5.5.1. Reverse Application of Non -Resident Bidder's Home State Bidding Preference. The total bid amount will be based upon the reverse application of the non-resident Bidder's home state bidding preference, if any. This will also apply to another state's preference for a Bidder that offers materials grown, produced, processed, or manufactured in that state. Any reverse application of the home state bidding preference will be the greater of the following: ■ the amount by which a resident Bidder would be required to underbid the non-resident Bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located; or ■ the amount by which a resident Bidder would be required to underbid the non-resident Bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the Contract will be performed. 10.5.5.2. Texas Home State Bidding Preference. A Bidder will be considered the apparent low Bidder if the Bidder's home office is located in this state and their bid does not exceed an amount equal to 105% of the apparent low bid received from a Bidder whose home office is not located in this state. This will not apply to a Bidder from a bordering state whose state does not give a preference to a Bidder in a manner similar to this Section. 11. CONSIDERATION OF BID ERRORS The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 2L ■ a written notification is submitted to the Owner within 5 business days after the date the bid is opened and ■ the submittal identifies the items of work involved and includes bidding documentation. The Owner may request clarification of submitted documentation. The Owner will evaluate the claim of a bid error by the apparent low Bidder by considering the following: ■ the bid error relates to a material item of work, ■ the bid error amount is a significant portion of the total bid, ■ the bid error occurred despite the exercise of ordinary care, and ■ the delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Owner will result in the rejection of all bids. The erring Contractor will not be allowed to bid the project when it is re -let. Rejection of bids due to the Contractor's bid error may result in the application of remedial actions by the Owner. 12. TIE BIDS If the official total bid amount for two or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If two or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed and the low Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. The Letting Official will preside over the proceedings. 13. OMITTED 14. DEPARTMENT OF HOMELAND SECURITY (DHS) E-VERIFY SYSTEM The Owner will not award a Contract to a Contractor that is not registered in the DHS E-Verify system. Remain active in E-Verify throughout the life of the Contract. In addition, in accordance with Article 81-.2., "Subcontracting," sixth paragraph, include this requirement in all subcontracts and require that subcontractors remain active in E-Verify until their work is completed. If the apparent low Bidder does not appear in the DHS E-Verify system before award, the Contractor must submit documentation showing that they are compliant within 5 calendar days after bid opening. A Contractor that fails to comply or respond within the deadline will be declared nonresponsive. The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the scope of the work. The Owner may recommend to: ■ reject all bids or ■ award the Contract to the new apparent low Bidder, if the Owner is able to verify the Bidder's participation in the DHS E-Verify system. If the Owner is unable to verify the new apparent low Bidder's participation in the DHS E-Verify system: ■ the new apparent low Bidder will not be deemed nonresponsive, ■ the new apparent low Bidder's guaranty will not be forfeited, ■ the Owner will reject all bids, ■ the new apparent low Bidder will remain eligible to receive future proposals for the same project, and ■ the proposal guaranty of the original low bidder will become the property of the Owner, not as a penalty, but as liquidated damages. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications X Item 3L Award and Execution of Contract AWARD OF CONTRACT Texas Department of Transportation The Owner or original award authority will award, reject, or defer the Contract within 90 days after the opening of the proposal. The Owner reserves the right to reject any or all proposals and to waive technicalities in the best interest of the Owner. 1.1. Award. The Owner or original award authority will award the Contract to the low Bidder as determined in accordance with Article 2L.11., "Tabulating Bids." The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: ■ the low Bidder withdraws their bid or fails to enter into Contract, ■ the second lowest Bidder agrees to perform the work at the unit bid prices of the low Bidder, ■ the Owner recommends in writing the award of the Contract to the second lowest Bidder, and ■ the Owner's governing body agrees with the Owner recommendation for award to the second lowest Bidder. 1.2. Rejection. The Owner or original award authority will reject the Contract if: ■ collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future proposals for the same Contract, ■ the low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future proposals for the same Contract, ■ the lowest bid is higher than the Owner's estimate, and re -advertising for bids may result in a lower bid, ■ the low bid contains a bid error that satisfies the requirements and criteria in Article 2L.12., "Consideration of Bid Errors," or ■ rejection of the Contract is in the best interest of the Owner. 1.3. Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. 2. RESCINDING OF AWARD The Owner or original award authority reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best interest of the Owner. The Owner will return the proposal guaranty to the Contractor. 3. OMITTED 4. EXECUTION OF CONTRACT Provide the following within 15 days after written notification of award of the Contract. 4.1. Contract. Execute the Contract as prescribed by the Owner. 4.2. Bonds. Execute and date the performance and payment bond in the full amount of the Contract with the powers of attorney. Provide bonds in accordance with Table 1. Furnish the payment and performance bonds 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 3L as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than $25,000 None $25,000—$100,000 Payment More than $100,000 Performance and payment 4.3. Insurance. For construction and building Contracts, submit a certificate of insurance showing coverages in accordance with the Contract requirements. Insurances must cover the work for the duration of the Contract and must remain in effect until final acceptance. Provide project -specific insurance, not listed in Table 2, until acceptance of the work covered by the project -specific insurance or as approved by the Engineer. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Owner receives an acceptable certificate of insurance. Provide the Owner with a certificate of insurance verifying the types and amounts of coverage shown in Table 2. The certificate of insurance must be in a form approved by the Texas Department of Insurance. Certificates of insurance for commercial general liability, auto liability, and workers' compensation must include the Contractor's prequalified name in the "Insured" field. Any certificate of insurance provided must be available for public inspection. Table 2 Insurance Requirements Type of Insurance Amount of Coverage Commercial General Liability Not Less Than: Insurance $1,000,000 each occurrence $2,000,000 a gregate limit Business Automobile Policy Not Less Than: $1,000,000 each accident on a combined single limit basis Workers' Compensation Not Less Than: Statutory By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements shown in Table 2, either through their own coverage or through the Contractor's coverage. The workers' compensation policy must include a waiver of subrogation endorsement in favor of the Owner. For building -facilities contracts, provide all risk builder's risk insurance to protect the Owner against loss by storm, fire, or extended coverage perils on work and materials intended for use on the project, including the adjacent structure. Name the Owner under the Lost Payable clause. For contracts with railroad requirements, see project -specific details for additional insurance requirements. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the Owner. The substitute Surety must be authorized by the laws of the Owner and acceptable to the Owner. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner. The work performed under this Section will not be measured or paid for directly, but will be subsidiary to pertinent Items. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 3L 4.4. Business Ownership Information. Submit the names and Social Security numbers of all individuals owning 25% or more of the firm, or firms in the case of a joint venture, on the Owner's form. 4.5. Railroad Documents. Provide all required documents for satisfaction of railroad requirements for projects that have work involving railroad right of way. Comply with the requirements of Article 5L.8., "Cooperation with Railroads." 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all the requirements in Article 31-.4., "Execution of Contract," the proposal guaranty will become the property of the Owner, not as a penalty, but as liquidated damages. The Contractor forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in design of the work. 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. 7. RETURN OF PROPOSAL GUARANTY The proposal guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 8. BEGINNING OF WORK Do not begin work until authorized in writing by the Owner. Verify all quantities of materials shown on the plans before ordering. 9. ASSIGNMENT OF CONTRACT Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion of the rights, title, or interest (including claims) without the approval of the Owner or original award authority. The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place. 10. EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or any federal agency. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 4L Item 4L Scope of Work 1. CONTRACT INTENT Texas lkpartment of Trensportation The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies, tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 2. PRECONSTRUCTION CONFERENCE Before starting work, schedule and attend a preconstruction conference with the Engineer. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. The preconstruction conference may be scheduled with the safety preconstruction meeting described in Section 7L 2.2., "Safety Preconstruction Meeting" and the railroad coordination meeting described in Article 5L 8., "Cooperation with Railroads." Work with the Engineer to resolve or escalate all issues. Execute the project pledge and establish an issue escalation ladder. 2.1. Project Pledge. Contractor representatives at the level of foreman and above will certify in writing they will approach the construction of this project in a manner consistent with delivering a high -quality project in a safe, cost-effective, and timely manner, and they will be committed to not allowing personality conflicts or personal interests to interfere with providing the public with a quality project. Failure to uphold this commitment may result in grounds for removal from the project. 2.2. Issue Resolution Process. An issue is any aspect of the Contract where parties of the Contract do not agree. The individuals identified at the lowest level of the issue escalation ladder will initiate the issue resolution process by escalating any issue that remains unresolved within the timeframe outlined in the issue escalation ladder. Work with the Engineer to resolve all issues during the course of the Contract. Refer to Article 4L 7., "Dispute or Claims Procedure," for all unresolved issues. 3. PARTNERING - NOT APPLICABLE The intent of this Article is to promote an environment of trust, mutual respect, integrity, and fair dealing between the Owner and the Contractor. Informal partnering does not make use of a facilitator and is led by the Engineer in charge of the work and the Contractor's counterpart, while formal partnering uses the services of a facilitator (internal or external). 3.1. Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed upon instead of the informal partnering. 3.2. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer. 3.2.1. Internal Facilitators. An Owner or Contractor staff member may be selected as the facilitator at no additional cost to either party. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 4L 3.2.2. External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator. Submit the facilitator's name and estimated fees for approval before contracting with the facilitator. 3.3. Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances including but not limited to audio or visual equipment. Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff on the list. Provide the facilitator with the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes, but is not limited to Owner, TxDOT, other local governments, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed upon. 3.4. Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Article 9L 7., "Payment for Extra Work and Force Account Method," will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by their internal facilitator, including but not limited to meals, travel, and lodging. Owner facilitators may be used at no additional cost. For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Owner but used at the Contractor's option, the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. 4. CHANGES IN THE WORK The Engineer reserves the right to make changes in the work, including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the Contract nor release the Surety. The Contractor is responsible for notifying the sureties of any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work, the Contract will be amended by a change order. If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the Engineer may order the work to proceed under Article 9L 7., "Payment for Extra Work and Force Account Method," or by making an interim adjustment to the Contract. In the case of an adjustment, the Engineer will consider modifying the compensation after the work is performed. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 4L A significant change in the character of the work occurs when: ■ the character of the work for any item as altered differs materially in kind or nature from that in the Contract, or ■ a major item of work varies by more than 25% from the original Contract quantity, When the quantity of work to be done under any major item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8L, "Prosecution and Progress." 5. DIFFERING SITE CONDITIONS During the progress of the work, differing subsurface or latent physical conditions may be encountered at the site. The two types of differing site conditions are defined as: ■ those that differ materially from those indicated in the Contract, and ■ unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the Contractor in writing when the Owner discovers differing site conditions. Unless directed otherwise, suspend work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether differing site conditions exist. The Engineer will provide written notification of the determination whether or not an adjustment of the Contract is warranted. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract, the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided by either the Contractor or the Engineer. 6. REQUESTS FOR ADDITIONAL COMPENSATION AND DAMAGES Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The intent of the written notice requirement is to provide the Engineer an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. If written notice is not given, the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work. Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in enough detail to enable the Engineer to determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and compensation. Compensable damages occur when impacts that are the responsibility of the Owner result in additional costs to the Contractor that could not have been reasonably anticipated at the time of letting. Costs of performing additional work are not considered damages. Notify the Engineer in writing as soon as possible for Contractor damages. The intent is to reimburse the Contractor for actual expenses arising from a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in conformance with the methodology provided by the Owner, submitted 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 4L separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant (CPA). Submit CPA -prepared labor burden rates directly to the Owner for approval. The Owner will not consider fees and interest on requests for additional compensation and damages. Fees include, but are not limited to preparation, attorney, printing, shipping, and various other fees. If the Contractor requests compensation for damages and the damages are determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable damage and will be limited as follows. 6.1. Standby Equipment Costs. Payment will be made in accordance with Section 9L 7.1.4.3., "Standby Equipment Costs." 6.2. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the Contractor will be made using the following options at the Contractor's discretion: ■ reimbursed at 6% (computed as daily cost by dividing 6% of the original Contract amount by the number of original Contract work days), or ■ actual documented costs for the impacted period. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor. Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 6.3. Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer, Contractor, and Contractor's subcontractors working through the Contractor. Emphasis is placed on resolving issues while they are still current, at the Owner's office, and in an informal manner. Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared, decisions may be limited to relying on the documentation that is available for review. The Owner's goal is to have a dispute settled by the Engineer before elevating it as a claim to the Owner. If a dispute cannot be resolved, initiate the Contract claim procedure by submitting a claim to the Owner. The Contractor, or subcontractor through the Contractor, will file a Contract claim request and a detailed report that provides the basis for the claim. The detailed report will include relevant facts of the claim, cost or other data supporting the claim, a description of any additional compensation requested, and documents supporting the claim. The claim must include the following certification: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Owner is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." File a claim after completion of the Contract or when required for orderly performance of the Contract. For a claim resulting from enforcement of a warranty period, file the claim no later than 1 yr. after expiration of the warranty period. For all other claims, file the claim no later than 1 yr. after the date the Owner issues notice to the Contractor that they are in default, the date the Owner terminates the Contract, or the date of final acceptance of the Contract. It is the Contractor's responsibility to submit requests in a timely manner. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L Item 5L Control of the Work 1. AUTHORITY OF ENGINEER Texas Department of Trensportation The Engineer has the authority to observe, test, inspect, approve, and accept the work (either in writing or orally). The Engineer decides all questions about the quality and acceptability of materials, work performed, work progress, Contract interpretations, applicability of standard details, and acceptable Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions. ■ Unless noted elsewhere in the Contract or by the Engineer, payment for Contractor work is in accordance with the Contract requirements at that time. This payment does not eliminate the Contractor's responsibilities for the work as defined in Article 7L.17., "Contractor's Responsibility for Work," or Article 5L.12., "Final Acceptance." ■ The Engineer acts as a referee in all questions arising under the terms of the Contract. ■ The Engineer's decisions are final and binding. The Engineer will pursue and document actions against the Contractor as warranted to address Contract performance issues. Contract remedies include, but are not limited to, the following: ■ requiring the Contractor to remove and replace defective work, or reducing payment for defective work, ■ removing an individual from the project, ■ suspending the work without suspending working day charges, ■ assessing standard liquidated damages to recover the Owner's administrative costs, including additional project -specific liquidated damages when specified in the Contract withholding estimates, and ■ declaring the Contractor to be in default of the Contract The Engineer will consider and document any events outside the Contractor's control that contributed to the failure to meet performance standards, including consideration of sufficient time. Follow the issue escalation ladder if there is disagreement regarding the application of Contract remedies. 2. PLANS AND WORKING DRAWINGS When required, provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required, before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electronic and other alternative submission procedures. Have a licensed professional engineer sign, seal, and date the working drawings as shown in Table 1. Prepare working drawings using United States standard measures in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed in accordance with this Article will not be measured or paid for directly, but will be subsidiary to pertinent Items. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L Table 1 Signature and Approval Requirements for Working Drawings Requires Licensed Requires Owner Working Drawings For Professional Engineer's Approval Signature, Seal, and Date 1. Alternate or optional designs Yes Yes submitted by Contractor 2. Supplementary shop and fabrication unlessNequired See applicable drawings for structural Items on the plans Item 3. Contractor -proposed temporary facilities that affect the public safety, Yes Yes not included on the plans Bridges, retaining Yes 4. Form and walls, and other unless otherwise No' falsework major structures shown on the plans details No Minor structures unless otherwise No shown on the plans 5. Erection drawings Yes No',2 6. Contractor -proposed major Yes Yes modifications to traffic control gllanl 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected, as determined by the Engineer. Submit shop drawings electronically for the fabrication of structural items in accordance with the Owner's procedures and as directed for other items required by the Contract. References to 11 x 17-in. sheets in individual specifications for structural items imply electronic computer -aided design sheets. 3. CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines, grades, cross -sections, dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements shown in the Contract. Reasonably close conformity limits are defined in the respective Items of the Contract or, if not defined, as determined by the Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer's authority. Work performed beyond the lines and grades shown on the plans or any extra work performed without authority is considered unauthorized and excluded from pay consideration. The Owner will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor's control. 3.1. Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements, but is adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted and remain in place. The Engineer will document the basis of acceptance by letter and may adjust the Contract price. 3.2. Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose, it will be considered defective. Correct, or remove and replace, the work at the Contractor's expense, as directed. The Owner has the authority to correct or to remove and replace defective or unauthorized work. The cost may be deducted from any money due or to become due to the Contractor. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L 4. COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The specifications, accompanying plans, special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including general notes), which govern over standard specifications and special specifications. Job -specific plan sheets govern over standard plan sheets. However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1 L-10L, "Local Government General Requirements and Covenants," and Item 502, "Barricades, Signs, and Traffic Handling," special provisions govern over standard specifications and special specifications, which govern over the plans. Notify the Engineer promptly of any omissions, errors, or discrepancies upon discovery so necessary corrections and interpretations can be made. Failure to promptly notify the Engineer of discovered omissions, errors, or discrepancies will constitute a waiver of all Contract claims against the Owner for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies. 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer. Respond promptly to instructions from the Engineer. Provide all information necessary for the successful completion of the Contract. Designate in writing a competent, English-speaking Superintendent employed by the Contractor. The Superintendent must be experienced in the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor. The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. At the written request of the Engineer, immediately remove from the project any employee or representative of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer. Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. 6. COOPERATING WITH UTILITIES Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work. Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans, the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utility companies to remove and rearrange utilities to avoid service interruption or duplicate work by the utility companies. Allow utilities access to the right of way. Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is restored. Maintain access to fire hydrants when necessary. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L 7. COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company. If the work is on railroad right of way, do not interfere with the operation of the railroad company's trains or other property. 8.1. Railroad Coordination Meeting. When shown on the plans or directed by the Engineer, schedule and attend a railroad coordination meeting with the Engineer before beginning work or as agreed upon (may be a part of the preconstruction conference described in Article 41-.2., "Preconstruction Conference"). Prepare a list of attendees and invite personnel, including, but not limited to Owner, Contractor, subcontractor, and railroad representatives. Provide the invitation to the railroad representatives at least 21 calendar days before the railroad coordination meeting. 8.2. Project -Specific Information. Refer to project -specific plan sheets in the Contract for specific information concerning the work to be completed by the Contractor and the railroad within railroad right of way; railroad right of way locations impacted by construction; percentage of Contract work at each location; train movements at each location; and requirements for railroad insurance, flagging, and Right of Entry (ROE) Agreements. 8.3. Right of Entry Agreement by the Owner. When shown on the plans, the process for obtaining a fully executed ROE Agreement is as follows. ■ The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted Contract. ■ Partially execute the ROE Agreement and return it to the Owner with the partially executed Contract and required insurance. ■ The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad company. ■ Once the Owner has received the fully executed ROE Agreement from the railroad company, the Owner will forward the fully executed ROE Agreement to the Contractor. 8.4. Right of Entry Agreement by the Contractor. When shown on the plans, contact the railroad company to obtain the ROE Agreement before beginning work on the Contract. Provide the required insurance to the Owner before beginning work on the Contract. Execute the ROE Agreement and pay any associated fees to the railroad company. Provide a copy of the fully executed ROE Agreement to the Owner. 9. CONSTRUCTION SURVEYING Use Method C unless otherwise specified in the Contract. Upon request, the Engineer will allow the Contractor to copy available earthwork cross -sections, computer printouts or data files, and other information necessary to establish and control work. Preserve all control points, stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control points, stakes, marks, and right of way markers damaged by the Contractor's or its subcontractor's operations. If the Owner repairs disturbed control points, stakes, marks, or right of way markers, the cost of repair may be deducted from money due or to become 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L due to the Contractor. Replace right of way markers under the direction of an RPLS. This work performed under this Article will not be measured or paid for directly, but will be subsidiary to pertinent Items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying. 9.1. Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for providing both vertical and horizontal control. At minimum, provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 mi. in length. For projects greater than 2 mi. in length, monuments will be set in pairs at a minimum of 2 mi. based on the overall length of the project. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 9.2. Method B. The Engineer will set adequate control points, stakes, stationing, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work, stakes, materials, and templates necessary for marking and maintaining points and lines. 9.3. Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 10. INSPECTION Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work performed and materials furnished, including preparation, fabrication, and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer. The Engineer may authorize Inspectors to adjust the traffic control. Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the Contractor, or interfere with the management of the work. Inspection or lack of inspection will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the Engineer, may be ordered removed and replaced at Contractor's expense. Remove or uncover portions of finished work as directed. Once inspected, restore work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and replace or make good the parts removed will be paid for in accordance with Article 41-.4., "Changes in the Work." If the work is unacceptable, assume all costs associated with repair or replacement, including the costs to uncover, remove, and replace or make good the parts removed. When a government entity, utility, railroad company, or other entity accepts or pays a portion of the Contract, that organization's representatives may inspect the work but cannot direct the Contractor. The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 5L 11. FINAL CLEANUP Upon completion of the work, remove construction project litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work. Leave the work locations in a neat and presentable condition. Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary structures, excess materials, and debris resulting from construction. Where work is in a stream, remove debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is higher. Dispose of all excess material in accordance with federal, state, and local regulations. The work performed under this Article will not be paid for directly, but will be subsidiary to Items of the Contract. 12. FINAL ACCEPTANCE 12.1. Routine Maintenance Contracts. Not applicable to Locally Let projects. 12.2. Construction Contracts. Final acceptance is made when all work is complete and the Engineer, in writing, accepts all work for the work locations in the Contract. Final acceptance relieves the Contractor from further Contract responsibilities. 12.2.1. Work Completed. Work completed must include work for vegetative establishment and maintenance, test and performance periods, and work to meet the requirements of Article 5L.11., "Final Cleanup." 12.2.2. Final Inspection. After all work is complete, the Engineer in charge of the work will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days, unless otherwise authorized by the Engineer. Upon correction, the Engineer will inspect to verify that all deficiencies were corrected satisfactorily. The Engineer will provide written notice of the final acceptance. 12.2.3. Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance. Final acceptance will not be held for final measurements or pay quantity adjustments. 12.2.4. Removal of Traffic Control Devices. Remove any remaining construction traffic control devices and advance warning signs upon final acceptance or as directed. 12.3. Multiple Work Orders. Not applicable to Locally Let projects. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 6L Item 6L Control of Materials 1. SOURCE CONTROL Texas Department of Transportation Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the Work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery. Materials can be approved at a supply source or staging area but may be inspected in accordance with Article 61-.4., "Sampling, Testing, and Inspection." 1.1. Buy America. Comply with the latest provisions of Buy America pertaining to steel and iron in accordance with 23 CFR § 635.410. Use steel or iron materials manufactured in the United States except when waived in accordance with Section 6L 1.2., "Buy America Exceptions." Submit a notarized original of the TxDOT FORM D-9-USA-1 (Department Form 1818 or equivalent) with the proper attachments for verification of compliance. Manufacturing includes any process that modifies the chemical content, physical shape or size, or final finish of a product. The manufacturing process begins with initial melting and mixing and continues through fabrication (e.g., cutting, drilling, welding, and bending) and coating (e.g., paint, galvanizing, and epoxy). 1.2. Buy America Exceptions. Use of iron and steel manufactured in the United States is required unless the material meets an exception below. ■ A waiver exists exempting the material from Buy America compliance. ■ The total value of foreign iron and steel products, including delivery, does not exceed 0.1 % of the total Contract cost or $2,500, whichever is greater. The Contractor must provide documentation showing under threshold in advance for the Engineer's consideration. ■ Foreign iron or steel may be allowed when the Contract contains an alternate item for a foreign source iron or steel product and the Contract is awarded based on the alternate item. ■ The materials are temporarily installed or are supplies, tools, and equipment not incorporated into the project. Temporarily installed means the materials and products must be removed at the end of the project or may be removed at the Contractor's convenience with the Engineer's approval. 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Owner for cost incurred if additional sampling and testing are required by a change of source. Materials not meeting Contract requirements will be rejected unless the Engineer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the Owner may remove and replace defective material. The cost of testing, removal, and replacement will be deducted from the payments due to the Contractor. 3. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 6L 4. SAMPLING, TESTING, AND INSPECTION Incorporate into the work only material that has been inspected, tested, and accepted by the Engineer. Remove, at the Contractor's expense, materials from the work locations that are used without prior testing and approval or written permission of the Engineer. The material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherwise specified, the Engineer will perform testing at Owner's expense. In addition to facilities and equipment required by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested, provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material that has been tested and approved at a supply source or staging area may be inspected or tested before or during incorporation into the work and rejected if it does not meet Contract requirements. Copies of test results are available upon request. Do not use material that, after approval, becomes unfit for use. Unless otherwise specified in the Contract, all testing must be performed within the United States and witnessed by the Engineer. If materials or processes require testing outside the contiguous 48 United States, reimburse the Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may but is not obligated to inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. If inspection is at the plant, meet the following conditions unless otherwise specified: ■ cooperate fully and assist the Engineer during the inspection, ■ ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials, ■ in accordance with pertinent items and the Contract provide a facility at the plant for use by the Engineer as an office or laboratory ■ provide and maintain adequate safety measures and restroom facilities, and ■ furnish and calibrate scales, measuring devices, and other necessary equipment in accordance with the Contract. The Engineer may provide inspection for periods other than daylight hours if: ■ continuous production of materials for Owner's use is necessary due to the production volume being handled at the plant, and ■ the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way. Storage space off the right of way is at the Contractor's expense. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 6L 7. OWNER -FURNISHED MATERIAL The Owner will supply materials as shown on the plans. The cost of handling and placing materials supplied by the Owner will not be paid for directly, but will be subsidiary to the Item in which they are used. Assume responsibility for materials upon receipt. 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the Item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project -specific location, replace the removed material with suitable material at no cost to the Owner as directed. 9. RECYCLED MATERIALS The Owner will not allow hazardous wastes, as defined in 30 TAC § 335, proposed for recycling to be used on the project. Use nonhazardous recyclable materials (NRMs) only if the specification for the Item does not disallow or restrict use. Determine whether NRMs are regulated under 30 TAC §§ 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation in the manner prescribed by the Owner. 10. HAZARDOUS MATERIALS Comply with the requirements of Article 7L.12., "Responsibility for Hazardous Materials." Notify the Engineer immediately when a visual observation or odor indicates that materials on sites owned or controlled by the Owner may contain hazardous materials. Except when the contract includes bid items for the Contractor to remove hazardous materials, the Owner is responsible for testing, removing, and disposing of hazardous materials not introduced by the Contractor. The Engineer may suspend work wholly or in part during the testing, removing, or disposing of hazardous materials, except in the case where hazardous materials are introduced by the Contractor. Use materials that are free of hazardous materials. Notify the Engineer immediately if materials are suspected to contain hazardous materials. If materials delivered to the project by the Contractor are suspected to contain hazardous materials, have an approved commercial laboratory test the materials for the presence of hazardous materials as approved. Remove, remediate, and dispose of any of these materials found to contain hazardous materials. The work required to comply with this Section will be at the Contractor's expense if materials are found to contain hazardous materials. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material introduced by the Contractor. If suspected materials are not found to contain hazardous materials, the Owner will reimburse the Contractor for hazardous materials testing and will adjust working day charges if the Contractor can show that this work impacted the critical path. 10.1. Painted Steel Requirements. Coatings on existing steel contain hazardous materials unless otherwise shown on the plans. Remove paint and dispose of steel coated with paint containing hazardous materials in accordance with the following. Removing Paint from Steel. For contracts that are specifically for painting steel, include the cleaning and painting of steel under Item 446, "Field Cleaning and Painting Steel," as a pay item. Perform work in accordance with that Item. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 6L For projects where paint must be removed to allow for the dismantling of steel or to perform other work, the Owner will provide for a separate contractor (third party) to remove paint containing hazardous materials before or during the Contract. Remove paint covering existing steel shown not to contain hazardous materials in accordance with Item 446. 10.1.1. Removal and Disposal of Painted Steel. For steel able to be dismantled by unbolting, paint removal will not be performed by the Owner. The Owner will remove paint, at locations shown on the plans or as agreed, for the Contractor's cutting and dismantling purposes. Use Owner -cleaned locations for dismantling when provided or provide own means of dismantling at other locations. Painted steel to be retained by the Owner will be shown on the plans. For painted steel that contains hazardous materials, dispose of the painted steel at a steel recycling or smelting facility unless otherwise shown on the plans. Maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. Dispose of steel that does not contain hazardous material coatings in conformance with federal, state, and local regulations. 10.2. Asbestos Requirements. The plans will indicate locations or elements where asbestos -containing materials (ACMs) are known to be present. Where ACMs are known to exist or where previously unknown ACM has been found, the Owner will arrange for abatement by a separate contractor before or during the Contract. Notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before beginning work to allow the Owner sufficient time for abatement. The Texas Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, (NESHAP), in accordance with 40 CFR Part 61, Subpart M, and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated "facility" under NESHAP; therefore, federal standards for demolition and renovation apply. The Owner is required to notify DSHS at least 10 working days (by postmarked date) before initiating demolition or renovation of each structure shown on the plans. If the actual demolition, renovation, or removal date is changed or delayed, notify the Engineer in writing of the revised dates in sufficient time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of the actual work. The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 10.3. Asbestos or Lead Abatement. Provide traffic control as shown on the plans, and coordinate and cooperate with the third party and the Owner for managing or removing hazardous materials. Work for the traffic control shown on the plans and coordination work will not be paid for directly, but will be subsidiary to pertinent Items. 11. SURPLUS MATERIALS Take ownership of surplus materials unless otherwise shown on the plans or directed. Remove and dispose of materials in conformance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property, provide written authorization from the property owner for the use of the property for this purpose upon request. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L Item 7L Legal Relations and Responsibilities Texas Department of Transportation 1. ETHICS - NOT APPLICABLE TO LOCALLY LET PROJECTS 2. SAFETY 2.1. Safety Point of Contact. Designate, in writing, a Contractor Safety Point of Contact (CSPOC). The Owner will assign an employee for their point of contact designated as Owner's Safety Point of Contact OSPOC. The Contract requires that the Contractor's and subcontractor's employees use the appropriate personal protective equipment (PPE) (e.g., hardhats, safety vests, and protective toe footwear) to meet regulations. The Contractor will require that crew leaders and foremen (including subcontractors) have attended the required training. 2.2. Safety Preconstruction Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting (may be a part of the preconstruction conference in accordance with Article 41-.2., `Preconstruction Conference"). Attendees for this safety preconstruction meeting will be: ■ the Contractor, ■ subcontractors, ■ the Owner, ■ local law enforcement, and ■ other personnel who play an active role on the project. 2.3. Safety Contingency. To improve the effectiveness of traffic handling and enhance safety during the course of this project, a safety contingency fund may have been included in the project budget for traffic control plan adjustments and other safety -related improvements. Costs associated with the adjustments or improvements will be paid for in accordance with Article 9L.7., "Payment for Extra Work and Force Account Method." Article 9L.7., "Payment for Extra Work and Force Account Method," is not intended to be used in lieu of bid items established by the Contract. 2.4. Public Safety and Convenience. In accordance with the Contract and as directed, provide for the safety and convenience of the public and property. Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage, and provide for ingress and egress to adjacent property. If the construction of the project requires the closing of a roadway, as directed, coordinate the closure with the Engineer and work to ensure all lanes and ramps possible are available during peak traffic periods before, during, and after significant traffic generator events to avoid any adverse economic impact on the municipalities during: ■ dates or events as shown on the plans, and ■ other dates as directed. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L If the Engineer determines that any of the requirements of this Article have not been met, the Engineer may take corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor. 2.5. Use of Blue Warning Lights. Texas Transportation Code § 547.105 authorizes the use of warning lights to promote safety and provides an effective means of gaining the traveling public's attention as they drive in areas where construction crews are present. To influence the public to move over when high -risk construction activities are taking place, minimize the use of blue warning lights. These lights must be used only while performing work on or near the travel lanes or shoulder where the traveling public encounters construction crews that are not protected by a standard work zone setup, such as a lane closure, a shoulder closure, or one-way traffic control. Refrain from leaving the warning lights engaged while traveling from one work location to another or while parked on the right of way away from the pavement or a work zone. 2.6. Barricades, Signs, and Traffic Handling. Comply with the requirements of Item 502 "Barricades, Signs, and Traffic Handling," and as directed. Provide traffic control devices as shown on the plans and in accordance with the TMUTCD. When authorized or directed, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the Engineer can be contacted. The Engineer will inspect the traffic control devices. Comply with the results of the inspection in the prescribed timeframe. The work performed and materials furnished in accordance with this Section and Item 502 have no bearing on the prosecution of Items 1 L-10L, "General Requirements and Covenants," of the Contract. This includes, but is not limited to installing, relocating, and removing project limit advance warning signs. 2.6.1. Contractor Responsible Person and Alternate. Designate in writing a Contractor's Responsible Person (CRP) and an alternate to be the representative of the Contractor who is responsible for taking or directing corrective measures regarding the traffic control. The CRP or alternate must be accessible by telephone 24 hr. per day and able to respond when notified. The CRP and alternate must comply with the requirements of Section 7L.2.6.5., "Training." 2.6.2. Flaggers. Designate, in writing, a flagger instructor who will serve as a flagging supervisor and is responsible for training and assuring that all Flaggers are qualified to perform flagging duties. Certify to the Engineer that all flaggers will be trained and make available upon request a list of flaggers trained to perform flagging duties. Provide flaggers as directed. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must dress appropriately; wear high -visibility safety apparel; use flags, signs, stop -slow paddles, and other hand -signaling devices; and follow the flagging procedures in the TMUTCD. Comply with the requirements of Section 7L.2.6.5., "Training." 2.6.3. Law Enforcement Personnel. Provide uniformed law enforcement personnel with patrol vehicles as directed. Document the work zone traffic services provided in the manner prescribed by the Owner. Law enforcement personnel providing work zone traffic services must be trained for the service they perform. Comply with Section 7L.2.6.5., "Training." 2.6.4. Other Work Zone Personnel. Workers involved with traffic control, including the maintenance of the traffic control, must comply with the requirements of Section 7L.2.6.5., "Training." 2.6.5. Training. Train workers involved with the traffic control using Department -approved training as shown on the "Traffic Control Training" MPL. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L Coordinate enrollment, pay associated fees, and successfully complete Department -approved training or Contractor -developed training. Training is valid for the period prescribed by the provider. Except for law enforcement personnel training, refresher training is required every 4 yr, from the date of completion unless otherwise specified by the course provider. The Engineer may require training at a specified frequency instead of the period prescribed based on the Owner's needs. Training and associated fees will not be measured or paid for directly, but will be subsidiary to pertinent Items. Certify to the Engineer that workers involved in traffic control and other work zone personnel have been trained and make available upon request a copy of the certification of completion to the Engineer. The certification of completion includes: ■ name of provider and course title, ■ name of participant, ■ date of completion, and ■ date of expiration. Where Contractor -developed training or a TxDOT-approved training course does not produce a certification, maintain a log of attendees. Make the log available upon request. Provide a log that is legible and includes: ■ printed name and signature of participant, ■ name and title of trainer, and ■ date of training. 2.6.5.1. Contractor -Developed Training. Develop and deliver Contractor -developed training meeting the minimum requirements established by the Owner. The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting. The CRP or designated alternate may deliver the training instead of the TxDOT-approved training. The work performed and materials furnished to develop and deliver the training will not be measured or paid for directly, but will be subsidiary to pertinent Items. 2.6.5.1.1. Flagger Training Minimum Requirements. A Contractor's certified flagging instructor is permitted to train other flaggers. 2.6.5.1.2. Other Contractor -Developed Training for Other Work Zone Personnel. For other work zone personnel, the Contractor may provide training meeting the curriculum described below instead of TxDOT-approved training. Minimum curriculum for Contractor -provided training is as follows. Contractor -developed training must provide information on the use of PPE, occupational hazards and health risks, and other pertinent topics related to traffic management. The type and amount of training will depend on the job duties and responsibilities. Develop training applicable to the work being performed. Develop training to include the following topics. ■ Adopt a company safety motto: "The Life You Save May Be Your Own," or similar. ■ Purpose of the training includes the following. • "It's the Law." • Make work zones safer for workers and motorists. • Understand what is needed for traffic control. • Save lives including your own. ■ Personal and co-worker safety includes the following. • High -Visibility Safety Apparel. Discuss compliant requirements; inspect regularly for fading and reduced reflective properties; if night operations are required, discuss the additional and appropriate required apparel in addition to special night work risks; and if moving operations are underway, discuss appropriate safety measures specific to the situation and traffic control plan. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L • Blind Areas. A blind area is the area around a vehicle or piece of construction equipment not visible to the operators, either by line of sight or indirectly by mirrors. Discuss the "Circle of Safety" around equipment and vehicles; use of spotters; maintaining eye contact with equipment operators; and use of hand signals. • Runovers and Backovers. Remain alert at all times; keep a safe distance from traffic; avoid turning your back to traffic, and if you must, then use a spotter; and stay behind protective barriers, whenever possible. It is not safe to sit on or lean against a concrete barrier; these barriers can deflect 4 ft. or more when struck by a vehicle. • Look out for each other and warn co-workers. • Be courteous to motorists. • Do not run across active roadways. • Workers must obey traffic laws and drive courteously while operating vehicles in the work zones. • Workers must be made aware of company distracted driving policies. ■ Nighttime Operations. Focus on projects with a nighttime element. ■ Traffic Control Training. Basics of traffic control include the following. • Identify work zone traffic control supervisor and other appropriate persons to report issues to when they arise. • Emphasize that work zone traffic control devices must be in clean and undamaged condition. If devices have been hit but not damaged, return them to their correct place and report to the traffic control supervisor. If devices have been damaged, replace with new devices and report to the traffic control supervisor. If devices are dirty, faded, or have missing or damaged reflective tape, clean or replace them and report to the traffic control supervisor. Show examples of unacceptable device conditions. Discuss various types of traffic control devices to be used and where spacing requirements can be found. • Channelizing Devices and Barricades with Slanted Stripes. Stripes must slant in the direction in which you want traffic to stay or move; demonstrate this with a device. • Traffic Queuing. Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisor and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. • Signs. Signs must be straight and not leaning. Report problems to the traffic control supervisor or other as designated for immediate repair. Covered signs must be fully covered. If covers are damaged or out of place, report to the traffic control supervisor or other as designated. 3. LAWS TO BE OBSERVED Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the work. The Contractor is not required to comply with city electrical ordinances not included in this Contract. Indemnify and save harmless the Owner and its representatives against any claim arising from violation by the Contractor of any law, ordinance, or regulation. This Contract is between the Owner and the Contractor only. No person or entity may claim third -party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract. 4. PERMITS, LICENSES, AND TAXES Procure all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Owner and as specified in Article 7L.7., "Preservation of Cultural and Natural Resources and the Environment." 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 5. PATENTED DEVICES, MATERIAL, AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the completion of the work. 6. PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will incur no liability, personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 7. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT Project -specific information pertinent to cultural and natural resources is included in the plan set in the General Notes and on the Environmental Permits, Issues, and Commitments (EPIC) sheet. Adhere to all guidance, Best Management Practices (BMPs), and permits shown on the plans. Signing the Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies. ■ OSHA ■ TCEQ ■ Texas Department of Transportation ■ Texas Historical Commission ■ Texas Parks and Wildlife Department ■ Texas Railroad Commission ■ U.S. Army Corps of Engineers (USACE) ■ U.S. Department of Energy ■ U.S. Department of Transportation ■ EPA ■ Federal Emergency Management Agency ■ U.S. Fish and Wildlife Service All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. 7.1. Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by the Owner. 7.2. Protected and Imperiled Species and Wildlife. Cease all work immediately and within 50 ft. if a protected or imperiled species, or any species assumed to be protected or imperiled, or wildlife is encountered onsite. Allow any animals to leave the area. Do not kill any wildlife. Contact Owner's environmental staff to investigate and evaluate any species or wildlife issues. 7.3. Migratory Birds. Bird and nest removal must not occur during vegetation clearing, construction, or maintenance activities on structures where birds or nests are present during the nesting season, as shown on the plans. If work will occur during the nesting season, measures to prevent nest establishment must be used before the start of nesting season or any activity. Contact Owner's environmental staff for assistance with birds and nests. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 7.4. Texas Pollutant Discharge Elimination System (TPDES) Permits and Stormwater Pollution Prevention Plans (SWP3s). 7.4.1. Projects with Less than 1 Acre of Soil Disturbance Including Required Associated Project Specific Locations (PSLs) in Accordance with TPDES Construction General Permit (CGP) No. TXR150000. No construction site notice (CSN) posting will be required for soil disturbances within the right of way. Adhere to the requirements of the SWP3 and environmental layout as shown on the plans. 7.4.2. Projects with 1 Acre but Less than 5 Acres of Soil Disturbance Including Required Associated PSLs in Accordance with TPDES CGP No. TXR150000. The Owner and the Contractor will operate under a shared SWP3 for portions of the project in the right of way. The Owner will be considered the primary operator with operational control over plans and specifications as defined in TPDES CGP No. TXR150000 for construction activity in the right of way. The Owner will post a small CSN and follow other requirements as defined in TPDES CGP No. TXR150000 as the entity having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered the primary operator with day-to-day operational control as defined in TPDES CGP No. TXR150000 for construction activity in the right of way. In addition to the Owner's actions, the Contractor will post a small CSN and follow other requirements as defined in TPDES CGP No. TXR150000 as the entity having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor being responsible for TPDES CGP No. TXR150000 requirements for on -right-of-way and off -right-of-way PSLs. The Contractor will adhere to all requirements of the SWP3 and environmental layout as shown on the plans. The Contractor will be responsible for implementing the SWP3 for the project site as shown on the plans, in conformance with specifications, in accordance with TPDES CGP No. TXR150000, and as directed. Notification to Municipal Separate Storm Sewer System (MS4) operators (when applicable) upon project initiation and completion must be provided in accordance with TPDES CGP No. TXR150000 requirements. A signed copy of the small CSN will be provided to MS4 operators (where applicable) at least 2 days before commencing construction. With the Engineer's concurrence upon the completion of soil disturbing activities and achieving permanent stabilization of 70% native background vegetation cover, the CSN may be removed. 7.4.3. Projects with 5 Acres or More of Soil Disturbance Including Required Associated PSLs in Accordance with TPDES CGP No. TXR150000. The Owner and the Contractor will operate under a shared SWP3 for portions of the project in the right of way. The Owner will be considered the primary operator with operational control over plans and specifications as defined in TPDES CGP No. TXR150000 for construction activities in the right of way. The Owner will post a large CSN and file a Notice of Intent (NOI); Notice of Change (NOC), if applicable; and Notice of Termination (NOT), along with other requirements in accordance with TPDES CGP No. TXR150000, as the entity having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered the primary operator for day-to-day operational control as defined in TPDES CGP No. TXR150000 for construction activities in the right of way. In addition to the Owner's actions, the Contractor will file an NOI; NOC, if applicable; and NOT and post a large CSN along with other requirements as the entity having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor being responsible for TPDES CGP No. TXR150000 requirements for on -right-of-way and off -right -of way PSLs. Adhere to all requirements of the SWP3 and environmental layout as shown on the plans. 7.4.3.1. Notice of Intent (NOI). Contractor will submit an NOI to TCEQ in accordance with TPDES CGP No. TXR150000 requirements. NOI must be submitted at least 7 days before commencement of construction activities at the project site. Contractor must file NOI under the same Regulated Entity Number (RN) as the Owner. Provide a signed copy to the Engineer and any other MS4 operators (where applicable) at the time of submittal. The Owner will submit their NOI before Contractor submission and will provide a copy for Contractor's use in completing the Contractor's NOI form. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 7.4.3.2. Notice of Change (NOC). Upon concurrence of the Engineer, submit an NOC to TCEQ within 14 days of discovery of a change or revision to the NOI as required by the CGP. Provide a signed copy of the NOC to the Engineer and any other MS4 operators (where applicable) at the time of submittal. 7.4.3.3. Notice of Termination (NOT). Upon concurrence of the Engineer, submit an NOT to TCEQ within 30 days of the Engineer's approval that 70% native background vegetative cover is met or equivalent permanent stabilization has been employed in accordance with TPDES CGP No. TXR150000. Provide a signed copy of the NOT to the Engineer and any other MS4 operators (where applicable) at the time of submittal. 7.4.4. Training. Not applicable to Locally Let Projects. 7.5. Work in Waters of the United States. For work in the right of way, the Owner will obtain any required Section 404 permits from U.S. Army Corps of Engineers USACE before work begins. Adhere to all agreements, mitigation plans, and standard BMPs required by the permit, When Contractor -initiated changes in the construction method change the impacts on Waters of the United States, obtain new or revised Section 404 permits. 7.6. Work in Navigable Waters of the United States. For work in the right of way, the Owner will obtain any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated BMPs. When Contractor -initiated changes in the construction method change the impacts on Navigable Waters of the United States, obtain new or revised Section 9 permits. 7.7. Work over Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by TCEQ. Use BMPs and perform work in accordance with the Contract requirements. 7.8. Project Specific Locations. For all PSLs on or off the right of way (e.g., material sources, waste sites, parking areas, storage areas, field offices, staging areas, and haul roads), comply with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment in accordance with Section 7L 7.1., "Cultural Resources." All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of environmental compliance activities, including environmental consultant reports and correspondence with the resource agencies. Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, and asphalt plants. Ensure compliance with all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance. 7.9. Contractor Responsibility. If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. 8. AGRICULTURAL IRRIGATION Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the service provider or landowner to determine the proper time and sequence when irrigation demands will permit shutting off water flows to perform work. Unless otherwise shown on the plans, the work performed in accordance with this Article will not be measured or paid for directly, but will be subsidiary to pertinent Items. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications X 9. SANITARY PROVISIONS Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including State employees, in compliance with the requirements and regulations of the Texas Department of State Health Services or other authorities having jurisdiction. 10. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise -sensitive receptors in the placement of non -mobile equipment, such as air compressors, generators, and pumps. Place mobile and stationary equipment to cause the least disruption to normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise, and these components must be maintained in their original operating condition considering normal depreciation. Noise attenuation devices installed by the manufacturer, such as mufflers, engine covers, and insulation, must not be removed or rendered ineffectual, or be permitted to remain off the equipment while the equipment is in use. 11. USING EXPLOSIVES Do not endanger life or property. When required by the plans or requested, provide a written blasting plan. The Owner retains the right to reject the blasting plan. Store all explosives securely, and clearly mark all storage places with "DANGER —EXPLOSIVES." Store, handle, and use explosives and highly flammable material in compliance with federal, state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least 48-hr, advance notice to the appropriate railroad representative before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track. 12. RESPONSIBILITY FOR HAZARDOUS MATERIALS Comply with the requirements of Article 6L.10., "Hazardous Materials." Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on Owner -owned or controlled sites. Indemnify and save harmless the Owner and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained, processed, stored, or shipped, on sites not owned or controlled by the Owner. Reimburse the Owner for all payments, fees, or restitution the Owner is required to make as a result of the Contractor's actions. 13. RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason without written permission from the Engineer. Repair all openings as directed. Payment for repair of surfaces opened by permission will be made in conformance with pertinent Items or in accordance with Article 41-.4., "Changes in the Work." Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 14. PROTECTING ADJACENT PROPERTY Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 15. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's negligence in the performance of the work and from any claims arising or amounts recovered under any laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on the Contractor's part in the manner or method of executing the work; from failure to properly execute the work; or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way. Indemnify and save harmless the Owner from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation. Make available the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. 16. HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work, including any structures under construction that will remain in service during and after completion of the Contract, is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid for directly, but will be subsidiary to pertinent Items. Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non -divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor -proposed changes to traffic control plans for approval, in accordance with Item 502. The following Sections further address overweight allowances. The Owner will make available to the Contractor any available plans and material reports for existing structures. 16.1. Overweight Construction Traffic Crossing Structures. The Engineer may allow crossing of a structure not open to the public within the work locations when divisible or non -divisible loads exceed legal weight limitations, including limits for load -posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts, such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses exceeding those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 16.2. Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review by the Engineer. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses exceeding those normally allowed for occasional overweight loads will occur. 16.3. Loads on Structures. Do not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses exceeding those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. 16.4. Hauling Divisible Overweight Loads on Pavement Within Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 17. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the non -execution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed by the Engineer. Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below. 17.1. Reimbursable Repair. Except for damage to appurtenances listed in Section 7L.17.2.1., "Unreimbursed Repair," the Contractor will be reimbursed for repair of damage caused by: ■ motor vehicle, watercraft, aircraft, or railroad -train incident; ■ vandalism; or ■ Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of nature. 17.2. Appurtenances. 17.2.1. Unreimbursed Repair. Except for destruction (not reusable) due to Acts of God, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: ■ signs, ■ barricades, and ■ other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are reimbursed in accordance with Section 7L.17.2.2., "Reimbursed Repair." Truck -mounted attenuators, trailer attenuators, and portable changeable message signs are eligible for reimbursed repair in accordance with Section 7L.17.2.2., 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L "Reimbursed Repair." Reimbursement will only be made when the Engineer directs the placement of the device in a location other than what is depicted in the Contract and the Contractor is unable to seek reimbursement from third -party insurance. Where the Contractor retains replaced appurtenances after completion of the project, the Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project. 17.2.2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 7L.17.1, "Reimbursable Repair." 17.3. Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Owner will not reimburse the Contractor for repair work to new construction, unless the failure or damage is due to one of the causes listed in Section 7L.17.1., "Reimbursable Repair." The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 17.4. Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract, unless the failure or damage is due to one of the causes listed in Section 7L.17.1., "Reimbursable Repair." In addition, the Engineer will reimburse the Contractor for repairs to detours when failures occur for reasons beyond the Contractor's control. Reimbursement will be made for repairs to detours constructed unless the failure was due to materials and workmanship. The Owner will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. 17.5. Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance in accordance with this Section. This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. The Engineer will direct the Contractor to remove advance warning signs upon issuance of relief from maintenance. 17.5.1. Isolated Work Locations. For isolated work locations, when all work is completed, including work in accordance with Article 5L.11., "Final Cleanup," the Engineer may relieve the Contractor from responsibility for maintenance. 17.5.2. Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work in accordance with Article 5L.11., "Final Cleanup," with the exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 17.5.3. Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension. 17.5.4. When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 17.6. Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in conformance with pertinent Items or in accordance with Article 4L.4., "Changes in the Work." 18. ELECTRICAL REQUIREMENTS 18.1. Definitions. 18.1.1. Electrical Work. Electrical work is work performed for: ■ Item 610, "Roadway Illumination Assemblies," ■ Item 614, "High Mast Illumination Assemblies," ■ Item 616, "Performance Testing of Lighting Systems," 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L ■ Item 617, "Temporary Roadway Illumination," ■ Item 618, "Conduit," ■ Item 620, "Electrical Conductors," ■ Item 621, "Tray Cable," ■ Item 622, "Duct Cable," ■ Item 628, "Electrical Services," ■ Item 680, "Highway Traffic Signals," ■ Item 681, "Temporary Traffic Signals," ■ Item 684, "Traffic Signal Cables," ■ Item 685, "Roadside Flashing Beacon Assemblies," ■ other Items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, ■ the installation of conduit and wiring associated with Item 624, "Ground Boxes" and Item 656, "Foundations for Traffic Control Devices," and ■ the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of communications or fiber optic cable, or the connections for low -voltage and inherently power -limited circuits, such as electronic or communications equipment. Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work if no wiring, wiring connection, or conduit work is done at the time of assembly and placement. 18.1.2. Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and feeders, sub -feeders, branch circuits, controls, raceways, and enclosures for the following: ■ pump stations, ■ moveable bridges, ■ ferry slips, ■ motor control centers, ■ facilities required in accordance with Item 504, "Field Office and Laboratory," ■ rest area or other public buildings, ■ weigh -in -motion stations, ■ electrical services larger than 200 amps, ■ electrical services with main or branch circuit breaker sizes not shown in the Contract, and ■ any three-phase electrical power. 18.1.3. Certified Person. A certified person is a person who has passed the test from TxDOT's course TRF450, "TxDOT Roadway Illuminations and Electrical Installations," or other courses as approved by the Traffic Safety Division. Submit a current and valid TRF certification upon request. Texas A&M Engineering Extension Service (TEEX) certifications for "TxDOT Electrical Systems" course will not be accepted. 18.1.4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license, who is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times while electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on State system work. The unrestricted journeyman and unrestricted master electrician licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on: ■ passing a test based on the NEC like that used by Texas licensing officials, and ■ sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 18.2. Work Requirements. The qualifications required to perform electrical work and specialized electrical work are shown in Table 1. Table 1 Work Requirements Type of Work Qualifications to Perform Work Electrical work with plans Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Electrical work without plans Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly supervised by a licensed electrician Replace lamps, starting aids, and Licensed electrician, certified person, or workers directly supervised by a changing fixtures licensed electrician or certified person Conduit in precast section with Inspection by licensed electrician or certified person approved working drawings Conduit in cast -in -place section Inspection by licensed electrician or certified person All other electrical work (e.g., Licensed electrician or workers directly supervised by a licensed troubleshooting, repairs, and electrician component replacement) "Directly supervised by a licensed electrician" means that a licensed electrician is physically present during all electrical work. "Directly supervised by a licensed electrician or certified person" means that a licensed electrician or certified person is physically present during all electrical work. A non -certified person may install conduit in cast -in -place concrete sections if the work is verified by a certified person before concrete placement. When IMSA certification is specified on the plans, the requirements shown in Table 1 will still apply to the installation of the conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed in accordance with Item 620. 19. PAYROLLS Pay employees and contract labor no less than the predetermined wage rates shown in the Contract. Require that subcontractors pay no less than the predetermined wage rates shown in the Contract. Payroll records must contain the information required by law. As an option, Form WH-347, "Payroll," is provided by the U.S. Department of Labor. Maintain payroll and related records during the course of the Contract and preserve these records for 3 yr. following the completion of the Contract or as required by law. 19.1. Minimum Wage Requirements for Federally Funded Contracts. Comply with the requirements of FHWA-1273, "Required Contract Provisions Federal -Aid Construction Contracts." For construction contracts, submit payroll records to the Engineer using the manner prescribed by the Owner. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 7L 19.2. Minimum Wage Requirements for State -Funded Contracts. Comply with the requirements of 29 USC § 206 unless otherwise shown in the Contract. For construction contracts, submit payroll records to the Engineer in the manner prescribed. 20. SECURITY INCIDENTS - NOT APPLICABLE TO LOCALLY LET PROJECTS 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L Item 8L Prosecution and Progress 1. PROSECUTION OF WORK Texas lkpartment of Trensportation Begin work within 30 calendar days after the authorization date to begin work. Prosecute the work continuously to completion within the working days specified. Unless otherwise shown on the plans, work may be prosecuted in concurrent phases if no changes are required to the traffic control plan or if a revised traffic control plan is approved. Notify the Engineer at least 24 hr. before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. 2. SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Commission, Owner, or any federal agency. For federally funded contracts, ensure the required federal documents are physically attached to each subcontract agreement, including all tiered subcontract agreements. 2.1. Construction Contracts and Federally Funded Maintenance Contracts. Perform work with own organization on at least 30% of the total original Contract cost (25% if the Contractor is an SBE on a wholly State- or local -funded Contract), excluding any specialty items as determined by the Engineer. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as determined by the Engineer. Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. The term "perform work with own organization" includes only: ■ workers employed and paid directly by the Contractor or wholly owned subsidiary; ■ equipment owned by the Contractor or wholly owned subsidiary; ■ rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees; ■ materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization, including a wholly owned subsidiary's organization; and ■ labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. Mobilization is not included in calculation of 30%. When staff leasing firms provide materials or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L Copies of canceled checks and certified statements may be required to verify compliance with the requirements of this Section. 2.2. State -Funded Maintenance Contracts. Not applicable to locally let projects. 2.3. Omitted. 2.3.1, Payment Records. Make payment and related records, including but not limited to copies of canceled checks, available for inspection by the Owner. Retain payment records for a period of 3 yr. following the completion of the Contract. 2.4. Payrolls. Comply with Article 7L.19., "Payrolls." 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION The number of working days is established by the Contract. For Contracts with work orders, the number of working days is established in each work order. Working day charges will begin when work begins as prescribed in Article 8L.1., "Prosecution of Work." Working day charges will continue in accordance with the Contract. The development of the conceptual time determination is intended to establish the number of working days on the Contract. Upon request, the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only. The schedule assumes generic resources, production rates, sequences of construction and average weather conditions based on historic data. Schedule labor, equipment, procurement of materials, subcontractor work, and all other necessary means to prosecute the work within the number of working days specified by the Contract. 3.1. Working Day Charges. Working days will be charged in accordance with Section 8L.3.1.4., "Standard Workweek," unless otherwise shown on the plans. Working days will be computed and charged in accordance with one of the following: 3.1.1. Five -Day Workweek. Working days will be charged Monday —Friday, excluding national holidays, regardless of weather conditions or material availability. The Contractor has the option of working on Saturdays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present or if critical path activities are performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.2. Six -Day Workweek. Working days will be charged Monday —Saturday, excluding national holidays, regardless of weather conditions or material availability. Work on Sundays and national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present or if critical path activities are performed on a Sunday or a national holiday, and weather or other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.3. Seven -Day Workweek. Working days will be charged Monday —Sunday, excluding national holidays, regardless of weather conditions or material availability. Work on national holidays will not be permitted without written permission of the Engineer. If work or critical path activities requiring an Inspector to be present are performed on any of these holidays, and weather or other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.4. Standard Workweek. Working days will be charged Monday —Friday, excluding national or State holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. between 7:00 A.M. and 6:00 P.M., unless otherwise shown in the Contract. The Contractor has the option of working on Saturdays or State holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present or critical path activities are performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.5. Calendar Day. Working days will be charged Sunday —Saturday, including all holidays, regardless of weather conditions, material availability, or other conditions not under the control of the Contractor. 3.1.6. Other. Working days will be charged as shown on the plans. 3.2. Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this Article unless otherwise shown on the plans. 3.3. Nighttime Work. Nighttime work is allowed only when shown on the plans or directed or allowed by the Engineer. Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise. 3.3.1. Five-, Six-, and Seven -Day Workweeks. Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 3.3.2. Standard Workweek. 3.3.2.1. Nighttime Work Only. When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. for the nighttime period, as defined in Section 8L.3.3., "Nighttime Work," unless otherwise shown in the Contract. 3.3.2.2. Nighttime Work and Daytime Work Requiring Inspector. When nighttime work is performed or required and daytime work is allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. for the nighttime period, as defined in Section 8L.3.3., "Nighttime Work," or for a continuous period of at least 7 hr. for the alternative daytime period unless otherwise shown in the Contract. Only one day will be charged for each 24hr. period. When the Engineer agrees to restrict work hours to the nighttime period only, working day charges will be in accordance with Section 8L.3.3.2.1., "Nighttime Work Only." 3.4. Time Statements. The Engineer will furnish the Contractor a monthly time statement. Review the monthly time statement for correctness. Report protests in writing, no later than 30 calendar days after receipt of the time statement, providing a detailed explanation for each day protested. Not filing a protest within 30 calendar days will indicate acceptance of the working day charges, and future consideration of that statement will not be permitted. 4. TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing. When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical path activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. 5. PROJECT SCHEDULES Prepare, maintain, and submit project schedules for the work to be performed under this Contract. Project schedules are used to convey the Contractor's intended work plan to the Owner. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L The work performed under this Article will not be measured or paid for directly, but will be subsidiary to pertinent Items. 5.1. Project Scheduler. Designate an individual who will develop and maintain the progress schedule. The project scheduler will be prepared to discuss, in detail, the proposed sequence of work and methods of operation, and how that information will be communicated through the progress schedule at the preconstruction meeting. This individual will also attend the project meetings and make site visits to prepare, develop, and maintain the progress schedules. 5.2. Progress Schedule. Before starting work, prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract. Prepare the progress schedule as a bar chart or critical path method (CPM) as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements, known utility relocations, and other activities that may affect the completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in whole working days for each activity. Do not use activities exceeding 20 working days, unless agreed upon with the Engineer. Show an estimated production rate per working day for each work activity, unless otherwise agreed upon with the Engineer. 5.3. Schedule Format. Format all project schedules in accordance with the following. ■ Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project. ■ Show the sequence and interdependence of activities required for complete performance of the work. If using a CPM schedule, show a predecessor and a successor for each activity. ■ Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also: ■ clearly and accurately identify the critical path as the longest continuous path; ■ provide a legend for all abbreviations, run date, data date, project start date, and project completion date in the title block of each schedule submittal; and ■ using calendars, incorporate seasonal weather conditions into the schedule for work (e.g., earthwork, concrete paving, structures, asphalt, and drainage) that may be influenced by temperature or precipitation. Also, incorporate non -work periods such as holidays, weekends, or other non -work days as identified in the Contract. 5.4. Activity Format. For each activity on the project schedule, provide: ■ a concise description of the work represented by the activity, ■ an activity duration in whole working days, and ■ code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed. Total float is defined as the amount of time (in whole days) that an activity can be delayed before impacting the project's completion date. Total float is a shared commodity between the Owner and the Contractor. 5.5. Schedule Types and Schedule Impacts. 5.5.1. Bar Chart. Seven calendar days before the preconstruction meeting, prepare and submit a hard or electronic copy of the schedule using the bar chart method. 5.5.1.1. Progress Schedule Reviews. Update the project schedule and submit a hard or electronic copy when changes to the schedule occur or when requested. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L 5.5.2. Critical Path Method. Prepare and submit the schedule using the CPM. Submit an electronic copy to the Engineer within the timeframes specified. An electronic copy is defined as the scheduling software's native file, saved in a format acceptable to the Engineer. In all cases, an electronic format (.xer) of Primavera Project Planner and Enterprise Project Portfolio Management (P6) will be acceptable. 5.5.2.1. Preliminary Schedule. Unless otherwise agreed for a later submission, 7 calendar days before the preconstruction meeting, submit an electronic copy of the project schedule showing activities beginning with the authorization date to begin work and including activities to be performed within the first 90 calendar days from the work start date. 5.5.2.2. Baseline Schedule. The baseline schedule will be considered the Contractor's plan to successfully construct the project within the timeframe and construction sequencing indicated in the Contract. Submit electronic copies of the baseline schedule. When requested, submit two plots of the schedule: one organized with the activities logically grouped using the activity coding, and the other plot showing only the critical path determined by the longest path, not based on critical float. Develop and submit the baseline schedule for review within the first 45 calendar days from the work start date unless the time for submission is extended by the Engineer. 5.5.2.2.1. Review. Within 15 calendar days of receipt of the schedule, the Engineer will evaluate and inform the Contractor if the schedule has been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so, within 10 calendar days. The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility for meeting the interim milestone dates (if specified) or the Contract completion date. Review and acceptance does not expressly or by implication warrant, acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor fails to define any element of work, activity, or logic and the Engineer's review does not detect this omission or error, the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th calendar day from the work start date unless the time for submission is extended by the Engineer. 5.5.2.3. Progress Schedule. Maintain and submit the progress schedule monthly for use by the Contractor and the Engineer. Submit an electronic copy as it will become an as -built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non -work periods (e.g., holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity (or activities, based on the number of interruptions) similarly numbered with successive alpha character as necessary. The original duration of the subsequent activity will be that of the remaining duration of the original activity. Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained. Once established, the original durations and actual dates of all activities must remain unchanged. Revisions to the schedule may be made as necessary. The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur. Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date. Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: ■ the actual start dates for activities started, ■ the actual finish dates for activities completed, ■ the percentage of work completed and remaining duration for each activity started but not yet completed, and ■ the calendars to show days actual work was performed on the various work activities. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L The cutoff day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th calendar day of the following month. The Engineer will evaluate the updated schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so, within 5 calendar days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource -leveling is being used. 5.5.2.3.1. Project Schedule Summary Report (PSSR). When shown on the plans, provide the PSSR instead of the narrative required in Section 8L.5.5.2.3., "Progress Schedule." The PSSR includes a listing of major items that have impacted the schedule and a summary of progress in days ahead or behind schedule. Include an explanation of the project progress for the period represented on the form provided by the Owner. 5.5.3. Notice of Potential Time Impact. Submit a notice of potential time impact when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the timeframes specified above will compromise the Owner's ability to mitigate the impacts, and the Contractor forfeits the right to request a time extension or adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. 5.5.4. Time Impact Analysis. When directed, provide a time impact analysis. A time impact analysis is an evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps. ■ Step 1. Establish the status of the project immediately before the impact. ■ Step 2. Predict the effect of the impact on the schedule update used in Step 1. ■ Step 3. Track the effects of the impact on the schedule during its occurrence. ■ Step 4. Establish the status of the project after the impact's effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact (Step 1) to the prediction of the effect of the impact (Step 2), if requested, and to actual effects of the impact once it is complete (Step 4). Unless otherwise approved by the Engineer, Steps 1, 3, and 4 must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided. Time extensions will be considered only when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. Submit Step 4 no later than 15 calendar days after the impact's effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis, but before its approval, indicate in writing the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of Step 4. If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative, the Engineer may reject the time impact analysis. If the Engineer is in agreement with the time impact analysis, a change order may be issued to grant additional working days, or to adjust interim milestones. Once a change order has been executed, incorporate the time impact analysis into the project schedule. The time impact analysis may also be used to support the settlement of disputes and claims. Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of working days specified, working days will continue to be charged. Failure to complete the Contract, callout work, or a work order within the number of working days specified, including any approved additional working days, will result in liquidated damages for each working day charged over the number of working days specified. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract, callout work, or work order remains incomplete. This amount will be assessed not as a penalty but as liquidated damages. The amount assessed for non -site -specific Contracts will be based on the estimated amount for each work order unless otherwise shown in the Contract. The amount assessed for each callout will be as specified in the Contract. 7. DEFAULT OF CONTRACT 7.1. Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the Contractor: ■ fails to begin the work within the number of days specified; ■ fails to prosecute the work to assure completion within the number of days specified; ■ is uncooperative, disruptive, or threatening; ■ fails to perform the work in accordance with the Contract requirements; ■ neglects or refuses to remove and replace rejected materials or unacceptable work; ■ discontinues the prosecution of the work without the Engineer's approval; ■ makes an unauthorized assignment; ■ fails to resume work that has been discontinued within a reasonable number of days after notice to do so; ■ fails to conduct the work in an acceptable manner; or ■ commits fraud or other unfixable conduct as determined by the Owner. If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 10 days after the notice, the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. If the Contractor provides the Owner written notice of voluntary default of the Contract, the Owner may waive the 10-day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety. Calendar day charges will continue until completion of the Contract. The Owner may suspend work in accordance with Article 81-A., "Temporary Suspension of Work or Working Day Charges," to investigate apparent fraud or other unfixable conduct before defaulting the Contractor. The Contractor may be subject to sanctions under the state and/or federal laws and regulations. A default may result in the application of remedial action by the Owner. The Owner will determine the method used for the completion of the remaining work as follows. ■ For Contracts without performance bonds, the Owner will determine the most expeditious and efficient way to complete the work and recover damages from the Contractor. ■ For Contracts with performance bonds, the Owner will require the Contractor's Surety to complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. The Owner reserves the right to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3.4.3., "Insurance." Certificates of Insurance may be issued in the name of the completing Contractor. The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract. The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L From the time of notification of the default until work resumes (either by the Surety or the Owner), the Owner will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed upon by the Owner and the Surety. All costs associated with this work will be deducted from money due to the Surety. The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety. All costs and charges incurred by the Owner resulting from the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract price. In case the costs incurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor, the Owner will be entitled to retain the difference. No markups as defined in Article 9L.7., `Payment for Extra Work and Force Account Method," will be allowed for the Surety. 7.2. Wrongful Default. If it is determined after the Contractor is declared in default, that the Contractor was not in default, the rights and obligations of all parties will be the same as if termination had been issued for the convenience of the public as provided in Article 8L.8., "Termination of Contract." 8. TERMINATION OF CONTRACT The Owner may terminate the Contract in whole or in part whenever: ■ the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; ■ the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment, or labor as the result of an order or a proclamation of the President of the United States; ■ the Contractor is prevented from proceeding with the work due to an order of any federal authority; ■ the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or ■ the Owner determines that termination of the Contract is in the best interest of the State or the public. This includes, but is not limited to, the discovery of significant hazardous material problems, right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract. 8.1. Procedures and Submittals. The Owner will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date. Upon notice, immediately proceed in accordance with the following: ■ stop work as specified in the notice, ■ place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved by the Engineer, ■ terminate all subcontracts to the extent they relate to the work terminated, ■ complete performance of the work not terminated, ■ settle all outstanding liabilities and termination settlement proposals resulting from the termination of the Contract, ■ create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated (include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products), and 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 8L ■ take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest. 8.2. Settlement Provisions. Within 60 calendar days of the date of the notice of termination, submit a final termination settlement proposal, unless otherwise approved. The Engineer will prepare a change order that reduces the affected quantities of work and adds acceptable costs for termination. No claim for loss of anticipated profits will be considered. The Owner will pay reasonable and verifiable termination costs, including: ■ all work completed at the unit bid price and partial payment for incomplete work, ■ the percentage of Item 500, "Mobilization," equivalent to the percentage of work complete or actual cost that can be supported by cost records, whichever is greater, ■ expenses necessary for the preparation of termination settlement proposals and support data; ■ the termination and settlement of subcontracts, ■ storage, transportation, restocking, and other costs incurred necessary for the preservation, protection, or disposition of the termination inventory, and ■ other expenses acceptable to the Owner. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L Item 9L --:12* Texas Measurement and Payment Department of Trensportation 1. MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures, unless otherwise specified. 1.1. Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally. No deduction will be made for structures in the roadway with an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans, unless otherwise directed. 1.2. Volume Measurement. Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved capacity. Loads not hauled in approved vehicles may be rejected. 1.3. Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery. The cost of supplying these volume and weight capacities is subsidiary to the pertinent Item. For measurement by the ton, in the field, provide measurements in accordance with Item 520, "Weighing and Measuring Equipment," except for Items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1.3.1. Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public: ■ If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. ■ If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer: ■ If the gross vehicle weight is less than the maximum allowed by the Engineer, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. ■ If the gross vehicle weight is more than the maximum allowed by the Engineer, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L 2. PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing specifications or this Article. If the quantity measured as outlined under "Measurement" varies by more than 5% (or as stipulated under "Measurement" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract, an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner, by change order, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 5% variance will apply to the new plans quantity. If the total Contract quantity multiplied by the unit bid price for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity. For Contracts with callout work and work orders, plans quantity measurement requirements are not applicable. 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showing the revised quantity. When approved, this revised quantity will constitute the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 41-.4., "Changes in the Work." 4. SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the Item of work under the Contract. Until final acceptance in accordance with Article 5L.12., "Final Acceptance," assume liability for completing the work according to the plans and specifications and any loss or damage arising from the performance of the work or from the action of the elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract. The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 5. PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Incomplete items of work may be paid at an agreed upon percentage approved by the Engineer. Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. It is the Owner's intent to pay a Contractor for work through the last working day of the month; however, the use of early cut-off dates for monthly estimates and MOH is a project management practice to manage workload at the local level. Approval for using early cut-off dates is at the Owner's discretion. The earliest cut-off date for pay applications is the 25th of the month. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L 6. PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired, request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are in acceptable storage places. Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only materials that have been sampled, tested, approved, or certified, and are ready for incorporation into the work. Only materials that are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. Payment for MOH may include the following types of items: concrete traffic barrier, precast concrete box culverts, concrete piling, reinforced concrete pipe, and illumination poles. Any repairs required after fabricated materials have been approved for storage will require the Engineer's approval before being made and will be made at the Contractor's expense. Include only those materials and products, when cumulated under an individual item or similar bid items, that have an invoice cost of at least $1,000 in the request for MOH payment. (E.g., for MOH eligibility, various sizes of conductor are considered similar bid items and may be cumulated to meet the threshold; for small roadside signs, the sign supports, mounting bolts, and the sign face are considered one bid item or similar bid items for more than one pay item for sign supports.) Requests for MOH are to be submitted at least 2 days before but not later than the estimate cut-off date unless otherwise agreed. If there is a need to request MOH after the established cut-off date, the Owner can make accommodation as the need arises. This needed accommodation is to be the exception, though, and not the rule. For Contracts with callout work and work orders, payment for MOH will only be made for materials authorized for purchase by the work order or by written approval of the Engineer. If the request is acceptable, the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner. These forms may be electronically reproduced, provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is $0. By submitting a request for MOH payment, the Contractor expressly authorizes the Owner to audit MOH records and to perform process reviews of the record -keeping system. If the Owner determines noncompliance with any of the requirements of this provision, the Owner may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance. Provide these records to the Engineer upon request. 7. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed, performed, and accepted will be made in accordance with Article 41-A., "Changes in the Work." Payment for extra work may be established by agreed unit prices or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same character of work. These unit prices may be established without additional breakdown justification. When using Force Account Method, determine an estimated cost for the proposed work and establish labor and equipment rates and material costs. Maintain daily records of extra work and provide copies of these 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L records daily, signed by the Contractor's representative, for the Owner's verification. Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost of less than $10,000, submit for approval and payment an invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. When added work requires mobilization that is exclusive to the added work, mobilization may be added to the force account invoice for payment. 7.1. Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit. 7.1.1. Labor. Compensation will be made for payroll rates for each hour that the labor and foremen or others approved by the Engineer are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category. An additional 25% of this sum will be paid as compensation for overhead, superintendence, profit, and small tools. 7.1.2. Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9L.7.1.1., "Labor," will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non -project -specific liability (excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits. 7.1.3. Materials. Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead and profit. 7.1.4. Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an offsite location. 7.1.4.1. Contractor -Owned Equipment. For Contractor -owned machinery, trucks, power tools, or other equipment, use the FHWA rental rates found in Equipment Watch multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of Equipment Watch at the time of use. If a rate has not been established for a particular piece of equipment in Equipment Watch, the Engineer will allow a reasonable hourly rate. This price will include operating costs. Payment for equipment will be made for the actual hours used in the work. The Owner reserves the right to withhold payment for low production or lack of progress. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work, payment will be made for the duration the equipment is assigned to the work but no more than 8 hr. will be paid during a 24-hr. day, nor more than 40 hr, per week, nor more than 176 hr. per month, except when time is computed using a 6-day or 7-day workweek. When using a 6-day workweek, no more than 8 hr. will be paid during a 24-hr. day, nor more than 48 hr. per week, nor more than 211 hr. per month. When using a 7-day workweek, no more than 8 hr. will be paid during a 24-hr. day, nor more than 56 hr. per week, nor more than 246 hr. per month. 7.1.4.2. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The Owner reserves the right to limit the daily rate to comparable FHWA rental rates found in Equipment Watch multiplied by the regional adjustment factor and the rate adjustment factor. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Equipment Watch hourly operating cost for each hour the equipment is operated will be added. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L When the invoice specifies equipment operators as a component of the equipment rental, payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 7.1.4.3. Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section 9L.7.1.4., "Equipment." The 15% markup will be paid when standby is associated with extra work but will not be paid when standby is associated with damages. 7.1.4.3.1. Contractor -Owned Equipment. For Contractor -owned equipment: ■ Standby will be paid at 50% of the monthly Equipment Watch rate after the regional and age adjustment factors have been applied. Operating costs will not be allowed. Calculate the standby rate as follows. Standby rate = (FHWA hourly rate - operating costs) x 50% ■ If an hourly rate is needed, divide the monthly Equipment Watch rate by 176. ■ No more than 8 hr. of standby will be paid during a 24-hr, day period, nor more than 40 hr. per week. ■ Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 7.1.4.3.2. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor: ■ Standby will be paid at the invoice daily rental rate, excluding operating cost, which includes fuel, lubricants, repairs, and servicing. The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found in Equipment Watch multiplied by the regional adjustment factor and the rate adjustment factor. ■ Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby. ■ Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 7.1.5. Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation for administrative cost and profit. 7.1.6. Law Enforcement Personnel. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs and profit. 7.1.7. Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for administrative cost and profit. 7.1.8. Bond Cost. An additional 1 % of the total compensation provided in Article 9.7., 'Payment for Extra Work and Force Account Method," will be paid for the increase in bond. 8. RETAINAGE The Owner will withhold 5% retainage on the Contractor. The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations. 9. PAYMENT PROVISIONS FOR SUBCONTRACTORS For the purposes of this Article only, the term subcontractor includes suppliers, and the term work includes materials provided by suppliers at a location approved by the Engineer. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract or material purchase agreements. Pay subcontractors for work performed within 10 days after receiving payment from the Owner. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 9L Pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this Section, satisfactory completion is accomplished when: ■ the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work, including the submittal of all information required by the Contract and the Owner, and ■ the work done by the subcontractor has been inspected, approved, and paid by the Owner. Provide a certification of prompt payment to certify that all subcontractors and suppliers were paid from the previous month's payments and retainage was released for those whose work is complete. Submit the certification in the manner prescribed by the Owner each month and the month following the month when final acceptance occurred. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for the work as defined in Article 7L.17., "Contractor's Responsibility for Work." 10. FINAL PAYMENT When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Article 5L.12., "Final Acceptance," and Contractor submittals have been received, the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor. The final payment will reflect the entire sum due, less any sums previously paid. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 000-001 L Special Provision to Item 000 Nondiscrimination 1. DESCRIPTION Texas Department of Transportation All recipients of federal financial assistance are required to comply with various nondiscrimination laws, including Title VI of the Civil Rights Act of 1964, as amended (Title VI). Title VI forbids discrimination against anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal funds. The Owner, as a recipient of federal financial assistance, and under Title VI and related statutes, ensures that no person will on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment in accordance with 42 USC 2000d-3), color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any of Owner's programs or activities. 2. DEFINITION OF TERMS Where the term "Contractor" appears in the following six nondiscrimination clauses, the term "Contractor" is understood to include all parties to Contracts or agreements with the Owner. 3. NONDISCRIMINATION PROVISIONS During the performance of this Contract, the Contractor agrees as follows. 3.1. Compliance with Regulations. The Contractor must comply with the Regulations pertinent to nondiscrimination in federally assisted programs of the United States Department of Transportation 49 CFR 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 3.2. Nondiscrimination. The Contractor, regarding the work performed during the Contract, must not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor must not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, the Contractor must notify each potential subcontractor or supplier of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 3.4. Information and Reports. The Contractor must provide all information and reports required by the Regulations or directives issued pursuant thereto, and must permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Recipient or the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor must so certify to the Owner, or the Texas Department of Transportation as appropriate, and must set forth what efforts it has made to obtain the information. 3.5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Owner must impose such Contract sanctions as it or the Owner may 1 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 000-001L determine to be appropriate, including, but not limited to actions defined in Article 5.1., "Authority of Engineer." 3.6. Incorporation of Provisions. The Contractor must include the provisions of Sections 3.1-3.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor must take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interests of the Owner, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States, 2 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 000-002L Special Provision to Item 000 Certification of Nondiscrimination in Employment 1. GENERAL Texas Department of Trensportation By signing this proposal, the Bidder certifies that it has participated in a previous Contract or subcontract subject to the equal opportunity clause, as required by Executive Order (EO) 10925, 11114, or 11246, or if it has not participated in a previous Contract of this type, or if it has had previous Contracts or subcontracts and has not filed, it will file with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity (EEO), all reports due under the applicable filing requirements. Note —The above certification is required by the EEO Regulations of the Secretary of Labor [41 CFR 60-1.7(b)(1)], and must be submitted by Bidders and proposed subcontractors only in connection with Contracts and subcontracts that are subject to the equal opportunity clause. Contracts and subcontracts that are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only Contracts or subcontracts of $10,000 or less are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the EOs or their implementing regulations. Proposed prime Contractors and subcontractors that have participated in a previous Contract or subcontract subject to the EO and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of Contracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by FHWA or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 1 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 000-007L Special Provision 000 Cargo Preference Act Requirements in Federal Aid Contracts 1. DESCRIPTION Texas lkpartment of Transportatton All recipients of federal financial assistance are required to comply with the U.S. Department of Transportation's Cargo Preference Act requirements, 46 CFR 381, "Use of United States -Flag Vessels." This requirement applies to material or equipment that is acquired specifically for a federal -aid highway project. It is not applicable to goods or materials that come into inventories independent of an FHWA-funded Contract. When oceanic shipments are necessary for materials or equipment acquired for a specific federal -aid construction project, the Contractor agrees to: ■ use privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels; ■ furnish a legible copy of a rated, onboard commercial ocean bill of lading in English for each shipment of cargo described in Paragraph (b)(1) of46 CFR 381, Section 7, "Federal Grant, Guaranty, Loan and Advance of Funds Agreements," within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, to both the Engineer (through the prime Contractor in the case of subcontractor bills of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and ■ insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Contract. 1 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 000-018L Special Provision to Item 000 Schedule of Liquidated Damages The dollar amount of daily contract administration Liquidated Damages per Working Day is $500.00. Texas Deartmet of Trepnsportnation 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 002-003L Special Provision to Item 2L TM Instructions to Bidders Tnsp bepartment otTraspoetation Item 2, "Instructions to Bidders" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 7., "Nonresponsive Bid," is voided and replaced by the following. The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive: ■ the bid was not in the hands of the Letting Official at the time and location specified in the advertisement, ■ a proposal form was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates ■ the Bidder was not authorized to receive a proposal form under Article 2.3., "Issuing Proposal Forms," ■ the Bidder failed to acknowledge receipt of all addenda issued, ■ the proposal form was signed by a person who was not authorized to bind the Bidder or Bidders, ■ the proposal guaranty did not comply with the requirements contained in this Item, ■ the bid was in a form other than the official proposal form issued by the Owner, ■ the Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the proposal form, ■ the Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an item, ■ a typed proposal form does not contain the information in the format shown on the "Example of Bid Prices Submitted by Computer Printout" on the proposal form, ■ the Bidder did not meet the requirements of the technical qualification, ■ the Bidder failed to submit a DBE commitment as specified in Article 2.14., "Disadvantaged Business Enterprise (DBE)," ■ the Bidder failed to participate in the DHS E-Verify system as specified in Article 2.15., "Department of Homeland Security (DHS) E-Verify System," or ■ the apparent low bid is mathematically and materially unbalanced. 09-25 Statewide 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 003-006L Special Provision to Item 3L TM Texas Award and Execution of Contract beofpartment Transpoetation Item 3L, "Award and Execution of Contract," of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 1.2., "Rejection," is voided and replaced by the following. 1.2. Rejection. The Owner will reject the Contract if: ■ collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future proposals for the same Contract, ■ the lowest bid is higher than the Owner's estimate, and re -advertising for bids may result in a lower bid, ■ the low bid contains a bid error that satisfies the requirements and criteria in Article 2.12., "Consideration of Bid Errors," or ■ rejection of the Contract is in the best interest of the Owner. 1 -1 09-25 Statewide 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 006-009L Special Provision to Item 6L TM reX� Control of Materials Department o/ Transportation Item 6L, "Control of Materials" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 1.1. "Buy America," and Section 1.2., "Buy America Exceptions," are voided and replaced by the following. 1.1. Buy America. Comply with the latest provisions of Build America, Buy America Act (BABA Act) and applicable CFR, which restrict funds being made available from Federal financial assistance programs unless all the iron products, steel products, manufactured products, and construction materials used in the project are manufactured in the United States. Use iron or steel products, manufactured products, or construction materials manufactured in the United States for all permanently installed materials and products except when defined in Section 1.1.5., "Buy America Exceptions." A material is solely classified based on its status at the time it is brought to the work site as either an iron or steel product, construction material, manufactured product, or excluded material. Refer to the Buy America Material Classification Sheet found at https://www.txdot.gov/business/resources/materials/buy-america/buy- america-material-classification-sheet.html for additional clarification on material classification. Texas Department of Transportation's MPLs include Gold Star listings for certain manufacturers, construction materials, or products. Gold Star items are manufacturers, materials, or products that have submitted a Buy America certification (as listed on an MPL) to be in compliance with the Buy America requirements. For items identified as a Gold Star manufacturer, material, or product; the only Material Sourcing documentation as stated in Table 1 BABA Submissions is required. 1-4 09-25 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 006-009L Tablet BABA Submission Requirements Classification Form 181828,3 Material Sourcing Form 2806 58,6 De Minimis (notarized original Documentation 4 Tracking Log 7 Form D-9 USA-1 Iron or Steel Products / / V Construction Material Manufactured Product' 1. For ITS enclosures and precast concrete products as stated under Manufactured Products, submission requirements for Iron and Steel Products and Manufactured Products apply. Reinforcing Steel or items covered by TxDOT's Gold Star Program do not require a Form 1818 submission. 2. For miscellaneous steel exceptions may be allowed to submit a notarized certification letter in lieu of submitting Form 1818, as approved by the Owner. There are no exceptions for iron or steel products required to be furnished in accordance with item 441, "Steel Structures", or requested otherwise. Items covered by TxDOT's Gold Star Program do not require a Form 1818. 3. Item 450 aluminum metal railing and Item 610 aluminum roadway illumination poles, will require Form 1818 to be submitted when requested by the Owner. 4. For materials that are BABA compliant and are on TxDOT's Material Producer List (MPL). Material Sourcing Documentation is documentation, along with any necessary attachments, that connects the Material's source to project. Provide additional documentation at the request of the Owner. 5. Form 2806 is required to be submitted for products and materials to certify BABA compliance when an MPL does not exist for the corresponding material. 6. Form 2806 is required for materials that are not listed as BABA compliant on the associated MPL. 7. De Minimis Tracking Log is required for materials that are not BABA compliant and must be submitted in advance when de minimis waiver is being pursued. De Minimis Tracking Log must track non -compliant iron or steel products separately from non -compliant construction materials and manufactured products. Contact the Owner when either thresholds in 6.1.1.5, "Buy America Exceptions" is reached. Non -compliant items above the de minimis threshold will require removal and replacement with BABA compliant item, or not paid for as determined by the Engineer. 1.1.1. Materials Excluded from Buy America. Excluded Materials mean cement and cementitious material; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Excluded Materials do not require domestic sourcing or Buy America certification. Materials combined as an unsettled mixture delivered to a work site without final form, for incorporation into a project, such as hot mix asphalt, or wet concrete mixtures, are not a manufactured product and are considered excluded from Buy America. 1.1.2. Iron or Steel Product. Iron or steel products means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. Predominantly of iron or steel or a combination of both means the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. For iron or steel products, manufacturing includes any process that modifies the chemical content, physical shape or size, or final finish of a product. The manufacturing process begins with initial melting and mixing and continues through fabrication (e.g., cutting, drilling, welding, bending.) and coating (e.g., paint, galvanizing, epoxy). 1.1.3. Construction Materials. Construction materials are classified as articles, materials, or supplies that consist of only one of the items listed in bullets below. Minor additions of articles, materials, supplies, or binding agents (as determined by the plans or the Engineer) to any of the items listed does not change the classification of a construction material. 2-4 09-25 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 006-009L ■ non-ferrous metals, ■ plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables), ■ glass (including optic glass), ■ fiber optic cable (including drop cable), ■ optical fiber, ■ lumber, ■ engineered wood, or ■ drywall. Each construction material has specific certification requirements stated below which constitute Buy America Compliance. Provide additional documentation as requested. For non-ferrous metals, certification requires all manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. For plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables), certification requires all manufacturing processes, from initial combination of constituent plastic or polymer -based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. For glass (including optic glass), certification requires all manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. For fiber optic cable (including drop cable), certification requires all manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer -based products, or any others. For optical fiber, certification requires all manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. For lumber, certification requires all manufacturing processes, from initial debarking through treatment and planing, occurred in the United States. For engineered wood, certification requires all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. For drywall, certification requires all manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. 1.1.4. Manufactured Product means articles, materials, or supplies that have been processed into a specific form and shape, or combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. Manufactured products may include components that are iron or steel products, excluded materials, or construction materials. Any product classified as an iron or steel product, excluded material, or construction material is not a manufactured product. In addition, mixtures of excluded materials, such as asphalt or concrete mixtures, delivered to a work site without final form for incorporation into a project are not a manufactured product and are considered excluded. Manufactured products are required to be Manufactured in the United States. For manufactured products, submit per submission table above. 3-4 09-25 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 006-009L Manufactured in the United States (for Manufactured Products) means the final assembly occurred in the United States of America. Precast Concrete products classified as a manufactured product (not predominantly of iron and steel) are to be Manufactured in the United States and require iron or steel components to comply with manufacturing requirements for Iron or Steel Products stated in Section 6.1.1.2. Intelligent Transportation Systems and other electronic hardware systems classified as a manufactured product are to be Manufactured in the United States and must require iron or steel cabinets or other enclosures of such systems to comply with manufacturing requirements for Iron or Steel Products stated in Section 6.1.1.2 Component means an article, material, or supply, whether manufactured or unmanufactured, incorporated directly into a manufactured product or where applicable, an iron or steel product. 1.1.5. Buy America Exceptions. Use of iron or steel products, construction materials, and manufactured products manufactured in the United States is required unless the material meets an exception below. ■ A waiver exists exempting the material from Buy America compliance. ■ The total value of the non -compliant products (other than iron or steel products) is no more than the lesser of $1,000,000 or 5% of Total Applicable Costs for the project. Total Applicable Cost means the actual cost of all materials requiring Buy America compliance including iron, steel, or other materials that are within the scope of existing waivers. Contractor must provide documentation showing under threshold in advance for Engineer's consideration. ■ The total value of foreign iron or steel products, including delivery, does not exceed 0.1 % of the total Contract cost or $2,500, whichever is greater. The Contractor must provide documentation showing under threshold in advance for the Engineer's consideration. ■ Foreign iron or steel products may be allowed when the Contract contains an alternate item for a foreign source iron or steel product and the Contract is awarded based on the alternate item. ■ The materials are temporarily installed or are supplies, tools, and equipment not incorporated into the project. Temporarily installed means the materials and products must be removed at the end of the project or may be removed at the Contractor's convenience with the Engineer's approval. 4-4 09-25 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101965 2024 Specifications 506-001 L Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Texas DEp8r1f77ERt otTransportation For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the standard specifications, is hereby voided and replaced with the following. 1. DESCRIPTION Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) in the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following ■ Item 161, "Compost" ■ Item 432, "Riprap" ■ Item 556, "Pipe Underdrains" 2.1. Rock Filter Dams. 2.1.1. Aggregate. Furnish aggregate with hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding acceptable to the Owner. Provide the following: ■ Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate. ■ Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate. 2.1.2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require: ■ a double -twisted, hexagonal weave with a nominal mesh opening of 2-112 in. x 3-114 in.; ■ minimum 0.0866 in. steel wire for netting; ■ minimum 0.1063 in. steel wire for selvages and corners; and ■ minimum 0.0866 in. for binding or tie wire. 2.1.3. Sandbag Material. Furnish sandbags meeting Section 506.2.8., "Sandbags," except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432, "Riprap." 2.3. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non -erodible material that conforms to the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 112 cu. ft. for the construction of energy dissipaters. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 2.4. Construction Exits. Provide materials that meet the details shown on the plans and this Section. 2.4.1. Rock Construction Exit. Provide crushed aggregate for long- and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials, and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1. Use 2- to 4-in. aggregate for Type 3. 2.4.2. Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in. thick for short-term exits. 2.4.3. Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe. Provide pipe outlet material in accordance with Item 556, "Pipe Underdrains," and details shown on the plans. 2.7. Construction Perimeter Fence. 2.7.1. Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in., or use nominal 2 x 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 0.5 lb. per foot. 2.7.2. Fence. Provide orange construction fencing as approved. 2.7.3. Fence Wire. Provide 11 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire. 2.7.4. Flagging. Provide brightly -colored flagging that is fade -resistant and at least 3/4 in. wide to provide maximum visibility both day and night. 2.7.5. Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long. 2.7.6. Used Materials. Previously used materials meeting the applicable requirements may be used if approved. 2.8. Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst -strength exceeding 300 psi, and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled sandbags must be 24 to 30 in. long,16 to 18 in. wide, and 6 to 8 in. thick. Table 1 Sand Gradation Sieve # Retained % by Weight) 4 Maximum 3% 100 Minimum 80% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic. The aggregate size shall not exceed 3/8 in. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 2.9. Temporary Sediment Control Fence. Provide a net -reinforced fence using woven geo-textile fabric. Logos visible to the traveling public will not be allowed. 2.9.1. Fabric. Provide fabric materials in accordance with DMS-6230, "Temporary Sediment Control Fence Fabric." 2.9.2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Furnish soft wood posts at least 3 in. in diameter, or use nominal 2 x 4 in. boards. Furnish hardwood posts with a minimum cross-section of 1-112 x 1-112 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.3 Ib. per foot. 2.9.3. Net Reinforcement. Provide net reinforcement of at least 12-112 gauge galvanized welded wire mesh, with a maximum opening size of 2 x 4 in., at least 24 in. wide, unless otherwise shown on the plans. 2.9.4. Staples. Provide staples with a crown at least 314 in. wide and legs 112 in. long. 2.9.5. Used Materials. Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material. Furnish core material that is biodegradable or recyclable. Use compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material unless specifically called out on the plans. Permit no more than 5% of the material to escape from the containment mesh. Furnish compost meeting the requirements of Item 161, "Compost." 2.10.2. Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable, or recyclable such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not deform. 3. CONSTRUCTION 3.1. Contractor Responsibilities. Implement the Owner's Storm Water Pollution Prevention Plan (SWP3) for the project in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed by the Owner. Develop and implement an SWP3 for project -specific material supply plants within and outside of the Owner's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2. General. 3.2.1. Phasing. Implement control measures in the area to be disturbed before beginning construction, or as directed. Limit the disturbance to the area shown on the plans or as directed. If, in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations, the Owner will limit the disturbed area to that which the Contractor is able to control. Minimize disturbance to vegetation. 3.2.2. Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 3.2.3. Stabilization. Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit. Establish a uniform vegetative cover. The project will not be accepted until a 70% density of existing adjacent undisturbed areas is obtained, unless otherwise shown on the plans. When shown on the plans, the Owner may accept the project when adequate controls are in place that will control erosion, sedimentation, and water pollution until sufficient vegetative cover can be established. 3.2.4. Finished Work. Upon acceptance of vegetative cover, remove and dispose of all temporary control measures, temporary embankments, bridges, matting, falsework, piling, debris, or other obstructions placed during construction that are not a part of the finished work, or as directed. 3.2.5. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on -site to prevent actual or potential water pollution. Manage, control, and dispose of litter on -site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law. 3.3. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, according to manufacturers' guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner.. If a device ceases to function as intended, repair or replace the device or portions thereof as necessary. Remove sediment, debris, and litter. When approved, sediments may be disposed of within embankments, or in the right of way in areas where the material will not contribute to further siltation. Dispose of removed material in accordance with federal, state, and local regulations. Remove devices upon approval or as directed. Finish -grade and dress the area upon removal. Stabilize disturbed areas in accordance with the permit, and as shown on the plans or directed. Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines, height, and slopes specified, without undue voids for Types 1, 2, 3, and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings for Types 2 and 3, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria unless otherwise shown on the plans: 3.3.1.1. Type 1 (Non -reinforced). 3.3.1.1.1. Height. At least 18 in. measured vertically from existing ground to top of filter dam. 3.3.1.1.2. Top Width. At least 2 ft. 3.3.1.1.3. Slopes. No steeper than 2:1. 3.3.1.2. Type 2 (Reinforced). 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 3.3.1.2.1. Height. At least 18 in. measured vertically from existing ground to top of filter dam. 3.3.1.2.2. Top Width. At least 2 ft. 3.3.1.2.3. Slopes. No steeper than 2:1. 3.3.1.3. Type 3 (Reinforced). 3.3.1.3.1. Height. At least 36 in. measured vertically from existing ground to top of filter dam. 506-001 L 3.3.1.3.2. Top Width. At least 2 ft. 3.3.1.3.3. Slopes. No steeper than 2:1. 3.3.1.4. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing in a single loop —double loop pattern on 4- to 5-in. spacing for vertical filling. Pull the end lacing rod at one end until tight, wrap around the end, and twist 4 times. Fill with stone at the filling end, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times. Place the sack flat in a filling trough, fill with stone, connect sides, and secure ends as described above for horizontal filling. Lift and place without damaging the gabion. Shape sack gabions to existing contours. 3.3.1.5. Type 5. Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand -tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, "Riprap," when designated on the plans. 3.3.3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above, to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 3.3.4. Construction Exits. Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits when tracking conditions exist. Construct exits for either long- or short-term use. 3.3.4.1. Long -Term. Place the exit over a foundation course as required. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. 3.3.4.1.1. Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short -Term. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 3.3.4.2.1. Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. 3.3.4.2.2. Type 4. Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin, where required, providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. 3.3.5.2. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 3.3.6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. 3.3.6.1. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft. 3.3.6.2. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. 3.3.6.3. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 3.3.7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment -laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. Temporary Sediment -Control Fence. Provide temporary sediment -control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion -control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed. 3.3.8.1. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in, of fabric. Provide a minimum trench cross-section of 6 x 6 in. Place the fabric against the side of the trench and align approximately 2 in. of fabric along the bottom in the upstream direction. Backfill the trench, then hand -tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment. Attach the reinforcement to wooden posts with staples, or to steel posts with T-clips, in at least 4 places equally spaced unless otherwise shown on the plans. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 3.3.8.4. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment -control fence include the following: ■ fabric with minimal or no visible signs of biodegradation (weak fibers), ■ fabric without excessive patching (more than 1 patch every 15 to 20 ft.), ■ posts without bends, and ■ backing without holes. 3.3.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align, and locate the biodegradable erosion control logs as specified below, as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events, prevent damage to the logs, and to the satisfaction of the Owner such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 3.3.10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in. long x 2 to 4 in. wide x 112 to 2 in. deep. Do not exceed 12 in. between track impressions. Install continuous linear track impressions where the 12 in. length impressions are perpendicular to the slope. Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 4.1. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used. 4.1.1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam. 4.1.2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas. 4.1.2.1. Installation. Measurement will be made in final position. 4.1.2.2. Removal. Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot. 4.3. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4.4. Construction Exits. Construction exits will be measured by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 4.5.2.1. In Place. 4.5.2.1.1. Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between: ■ the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and ■ the lines, grades and slopes of the accepted embankment for the feature. 4.5.2.2. In Vehicles. Excavation and embankment quantities will be combined and paid for under "Earthwork (Erosion and Sediment Control, In Vehicle)." Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot. 4.7. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment -Control Fence. Installation or removal of temporary sediment -control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 4.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items: ■ erosion -control measures for Contractor project -specific locations (PSLs) inside and outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, plants, and material sources); ■ removal of litter, unless a separate pay item is shown on the plans; ■ repair to devices and features damaged by Contractor operations; ■ added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install permanent controls; ■ removal and reinstallation of devices and features needed for the convenience of the Contractor; ■ finish grading and dressing upon removal of the device; and ■ minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to maintain slopes on an erosion embankment feature, or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 5.1.1. Installation. Installation will be paid for as "Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.1.2. Removal. Removal will be paid for as `Rock Filter Dams (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for "Rock Filter Dams (Remove)" and for `Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.2. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Pipe Slope Drains" of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for "Temporary Pipe Slope Drains" of the size specified, which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be measured and paid for under "Earthwork for Erosion and Sediment Control." Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be measured and paid for in accordance with Item 432, "Riprap." 5.3. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid for "Temporary Paved Flume (Install)" or "Temporary Paved Flume (Remove)." This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for "Temporary Paved Flume (Remove)" and "Temporary Paved Flume (Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals. Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under "Earthwork for Erosion and Sediment Control." 5.4. Construction Exits. Contractor -required construction exits from off right of way locations or on -right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for "Construction Exits (Install)" of the type specified or "Construction Exits (Remove)." This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for "Construction Exit (Remove)" and "Construction Exit (Install)" of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals. 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001 L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under "Earthwork for Erosion and Sediment Control." 5.5. Earthwork for Erosion and Sediment Control. 5.5.1. Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Excavation (Erosion and Sediment Control, In Place)," "Embankment (Erosion and Sediment Control, In Place)," "Excavation (Erosion and Sediment Control, In Vehicle)," "Embankment (Erosion and Sediment Control, (In Vehicle)," or "Earthwork (Erosion and Sediment Control, In Vehicle)." This price is full compensation for excavation and embankment including hauling, disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion -control features; and equipment, labor, tools, and incidentals. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid under a Contractor Force Account Item from invoice provided to the Owner. This price is full compensation for excavation, embankment, and re -grading including removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion -control features; embankments including furnishing material from approved sources and construction of erosion -control features; and equipment, labor, tools, and incidentals. Earthwork needed to remove and obliterate erosion -control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 5.6. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid for "Construction Perimeter Fence." This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for "Construction Perimeter Fence," which is full compensation for the removal and reinstallation of the construction perimeter fence. 5.7. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for "Sandbags for Erosion Control' (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for "Sandbags for Erosion Control," which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment -Control Fence. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid as follows: 10 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2024 Specifications 506-001L 5.8.1. Installation. Installation will be paid for as "Temporary Sediment -Control Fence (Install)." This price is full compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 5.8.2. Removal. Removal will be paid for as "Temporary Sediment -Control Fence (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 5.9. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid as follows: 5.9.1. Installation. Installation will be paid for as "Biodegradable Erosion Control Logs (Install)" of the size specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals. 5.9.2. Removal. Removal will be paid for as 'Biodegradable Erosion Control Logs (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. 5.10. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. m 03/2024 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work FHWA-1273 — Revised October 23, 2023 performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non - responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance(a)dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance(@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C.3901-3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts - covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https.11www.dol.govlsitesldotgovlfileslWHDI legacy/files/wh347/. pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(3) of this section. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determinations) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C.1001. 11. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)" for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. $31 as of January 15, 2023 (See 88 FR 88 FIR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C.3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower - tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements CPN 101865 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements 10 CPN 101865 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (httos://www.sam.Clov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements 11 CPN 101865 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 — 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.aoy/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements 12 CPN 101865 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements 13 CPN 101865 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements 14 CPN 101865 F I ORTWORTH'�:. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: The Fain Group, LLC Subject of the Agreement: Authorize Execution of a Contract with The Fain Group, LLC in the Amount of $883,893.00 for Construction of the 2018 Railroad Trinity Railway Express at North Beach Street Project M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 06/05/2026 Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101865 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. FORT WORTH(R) Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 101865_2018 Bond Railroad Trinity Railway Express at North Beach Street Safety Improvements M&C: 26-0500 CPN: 101865 CSO: DOC#: Date: 06/25/2026 To: Name Department Initials Date Out 1. Sophia Flores TPW - Review S44 06/25/2026 2. Paul Clutts TPW-Approver pz�tl- 06/29/2026 3. Donnette Murphy Risk -Approver p M 06/29/2026 4. Patricia Wadsack TPW-Approver PLW 07/02/2026 5. Lauren Prieur TPW — Signer xxp. Lauren Prieur 07/02/2026 6. Lorita Lyles Legal - Approver LL 07/06/2026 7. Douglas Black Legal -Signer Gnugl�es6leck 07/15/2026 8, Jesica McEachern ACM -Signer CA 07/15/2026 9. Katherine Cenicola CSCO-Approver c cc 07/16/2026 10. Jannette Goodall CSCO-Signer J netteGoodall 07/16/2026 11. Allison Tidwell CSCO-Form Filler- 07/20/2026 12. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please notify TPWContractkfortworthtexas.gov. Thank you!