Loading...
HomeMy WebLinkAboutContract 26330 CITY SECRETARY D.O.E. FILE CITY SECRETARY CONTRACTNo. � �5 (2 CONTRACTORS BONDING CONSTRUCTION'S Co' SPECIFICATIONS CLIENT pEpq COPY RTIVIENT AND CONTRACT DOCUMENTS THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH IN THE CITY OF FORT WORTH,TEXAS 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A.MALANGA, PE -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING t • . . .. ES BRYAN BECK W 84574 ddb l BLEs' Wick RECOM r City of Fort Worth, Texas "agar and C'Oun"K comnsunicalflon DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 **C-18299 1 30HALF 1 of 2 SUBJECT AWARD OF CONTRACT TO STABILE & WINN, INC. FOR CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of $33,807.01 and thirty (30) working days for construction of the east half of Trace Ridge Parkway from Shiver Road to 285 feet north. r; DISCUSSION: On May 9, 2000 (M&C C-18001), the City Council approved an award of contract to Stabile &Winn, Inc. for reconstruction of Shiver Road from North Beach Street to Trace Ridge Parkway. As part of this contract, the west half of Trace Ridge Parkway was constructed to serve the adjacent Keller Independent School District (KISD) Elementary School (see attachment). M, During construction, KISD raised concerns about the safety of the students with the bus traffic that is currently travelling on the west half of Trace Ridge Parkway that is already constructed. Typically, this work could be added by change order to the existing construction contract. Unfortunately, the cost of this work, together with change orders and anticipated overruns, would exceed 125% of the total contract value, which is not allowed under state law. Given the nature of this problem and health and safety issues, staff has negotiated a separate contract for this additional work to be performed by Stabile & Winn, Inc. while it is completing their original contract. The Law Department has been consulted regarding this situation and agrees that the negotiated contract is an appropriate solution. Through a short form Community Facilities Agreement, Hillwood Development Corporation will reimburse the City for the cost of this additional work. A waiver of the goal for M/WBE subcontracting/supplier participation was requested by the Engineering M Department and approved by the M/WBE Office because the application of these provisions will unduly delay acquisition of the services. w This project is located in COUNCIL DISTRICT 4. f City of Fort Worth, Texas "Agar And coun"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 **C-18299 1 30HALF 2 of 2 SUBJECT AWARD OF CONTRACT TO STABILE & WINN, INC. FOR CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Read: A.Douglas Rademaker 6157 (from) 0 C T 17 2000 C115 541200 020115136292 $33,807.01 r `6��.-,, Additional Information Contact: City secretary of the City of Fort Worth,Teras A.Douglas Rademaker 6157 SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, .. in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not -� exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entcring into a contract ® for the work wi!1 be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as well as payment bond,both in a-sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas,as amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital ;and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. ■* No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed,in the arriount.of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed, in the amount r. of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting MF discrimination in employment practices. N 0 �ECGE)M R. WK ,VH TI Lv 6. WAGE RATES:All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place.of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work,performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiati ion under C�G�L P E C 0 ED R. appropriate federal,state or local laws or ordinances relating to false statement;further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all'bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14..CONTRACTOR COMPLIANCE.WITH WORKER'S COMPENSATION LAW: 'A. Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the projec 1 0TV�E'CC�jj GMM�)MIA P1 c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; - (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and �(��6CDad�'��CuG1D F (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 rough 13A-29),prohibiting discrimination in employment practices. OJHRG�AL EIK C1D fro W�)G���o 4 azo 16. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan,or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or.allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY:In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 E1D CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000' CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving &Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel(< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel(> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY &less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 Ffac1 FlHo PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth,Texas FOR: THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH DOE#:3166 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor,equipment,and materials necessary to complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 1. 600 CY UNCLASSIFIED STREET EXCAVTION 7T404W W, Dollars& a7i�31 Cents Per CY. $ /Z.So $ gxew. 2. 7.25 TN LIME 30#/$Y_ EW-492 a dwIf Dollars& .yo Cents Per TN. $ ao $ q!jf 3. 483 SY 6"LIME SUBGRADE fw'"l-V Dollars& Cents Per SY. $ to $T l�� 4. 649 SY 6"REINFORCED CONCRETE PAVING yzmewpy Dollars& s6i�iv►y�r Cents Per SY. $ �¢ 5. 1,112 LF JOINT SEALING off— Dollars& A^p Cents Per LF. $ /, oo $ G/i?. =� 6. 263 LF 7"CURB P74W Dollars& as ^,,o Cents Per LF. $ l $ —0od=� 7. 20 LF DEAD-END BARRICADE Iro�ay�riQ Dollars& iw Cents Per LF. $ 4Dr eo $ `�•' u I� '' !I cr 1tJ U 8. 1 EA 15' CURB INLET ,ci 0irrare60 Dollars& M iNr Cents Per EA. $SAW $ Isw.to 9. 1 EA REMOVE DROP INLET or~d-yv.yore40 Dollars& 04*o Cents Per EA. $ %W. $ 74W. 10. 20 LF 8"Sewer 8'-10' awtfift�.vDe 7rnyDollars& Cents Per LF. $ mps.=� $ P,.Km, TOTAL BID $ 0 This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction,are subject to State sales taxes under House Bill 11,enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Thirty(30) Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street,Drainage and Utility Construction'as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ )is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (Uwe), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: sic..1.•/, iiv-ww, -?� By—<2-4t�Z s.►. R�do�c 79�l90 Address7Ki,29 Telephone a47—Z6A86 (SEAL) Date orf Ilk, CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH DOE#:3166 1. SCOPE OF WORK: The work covered by these plans and specifications consist of 6"reinforced concrete paving over 6"lime stabilized subgrade and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities,right-of-ways,easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 4. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract,whether stated by Owner or by Contractor,then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work above 125%of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract,whether stated by Owner or by Contractor, then either party to,the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work below 75%of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 p?rcent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. u�C�B�DQL El" DURD ECC:LIPMPC7ti F?. WOOER? �5f10 In the event Owner and Contractor are unable to agree on a negotiated price,Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15%as described herein below,agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed,subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen,foremen,time keepers,mechanics and laborers;all materials,supplies, trucks,equipment rental for such time as actually used on such work only,plus all power,fuel,lubricants, water and similar operating expenses;and a ratable portion of premiums on performance and payment bonds,public liability;Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost- will oshwill be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15%of the actual field cost to be paid to the Contractor shall cover and compensate him for profit,overhead,general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request,the Contractor shall provide the Director of Engineering access to all accounts,bills and vouchers relating thereto. 6. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor,any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONST RUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2'Floor,Municipal Building,Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS:Bidders shall not separate,detach or remove any portion,segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"nonresponsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 9. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both,for a period of one(1)year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. CONSTRUCTION STAKING:Construction stakes for line and grade will be provided by the City as outlined on page 17, Standard Specifications for Construction,City of Fort Worth. 11. TRAFFIC CONTROL: The contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas a FECONOODV)�i °,EP Uniform Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statues,pertinent sections being Section Nos.27,29,30 and 31. The Contractor wi;l not remove any regulatory sign, instructional sign,street name sign or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8075),to remove the sign. In the case of regulatory signs,the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings,Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 12. DELAYS: 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. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the:Council shall be final and-binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council;and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 13. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,"Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices,Vol.No. 1." 14. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fillmaterial,the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"),of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit,including any necessary engineering studies,shall be at the contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site,upon notification by the Director of Engineering,contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. UFFICI 41 P°'�CC PED �� [CE ' 15. ZONING REQUIREMENTS:During the construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 16. QUALITY CONTROL TESTING: (a) The contractor shall furnish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project,including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system(if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at tw@lve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,drilling rigs;pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. �NV EC,ESP,7 �yq U . UVoP l9p ISL�o (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 19. _WATER DEPARTMENT PRE-QUALIFICATIONS: Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 20. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access tn 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 normal 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 section. 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,under the expiration of three(3)years after final payment under the subcontract, 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 normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "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 any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further,that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." CONSTRUCTION NON-PAY ITEM No. 1 -CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No.2-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However,no direct payment will be made for this item and it shall be considered incidental to this contract. 0(�OC G��C��G°�D �,,TV�1I�11n1�ECC_1I GM°?�SII?Qr��P,I' Y , Y 515)11.11 11 I rI NON-PAY ITEM No. 3 -PROTECTION OF TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns,yards,shrubs,trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance,the contractor must obtain a permit from the City Forester before any work(trimming,removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning.stan_dards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No.4-CONCRETE COLORED SURFACE: r Concrete wheelchair ramp surfaces,excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete _ panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer,meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. PO The method of application shall be by screen,sifter,sieve,or other means in order to provide for a uniform color distribution. NON-PAY ITEM No. 5—PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. i` Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary,clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment (and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. PE NON-PAY ITEM No.6—PROJECT SCHEDULE: Contractor shall be responsible.for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction,including project clean up,and allow the contractor to complete d" the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of �. every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. u f 6CL 9"EC0 D Cr����CRR���(���j?`�� Y lel `y, ' U U �l5[/�:a NON-PAY ITEM No.7—NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement,the Contractor shall notify residents,in writing,at least 48 hours in advance of saw- cutting joints during the construction of paving projects. All costs involved with providing such writterimotice shall be considered subsidiary to this contract. NON-PAY ITEM No. 8—PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction.The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block,the-name of the contractor's foreman and his phone number,the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre- construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. PAY ITEM No. 1 -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal;however,this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the contractor at the contractor's expense. The payment to the contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the contractor in handling the utility adjustments. PAY ITEM No.2-PROJECT DESIGNATION SIGN: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of/." fir plywood, grade A-C (exterior) or better. These signs shall b UJ ����Q� ���uD MARY installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM No. 1 —UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the owner is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent,then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. PAY ITEM No.4-6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage,the following policy will apply: (1) When the crack is minor and due to shrinkage(cosmetic),then no further treatment will be needed. (2) If the crack is due to distress(structural),the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as k approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. PAY ITEM No. 5- SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: F1 CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING UPRI"C L INCG�PD FP CZ1-RV*CVINRP (Revision 1,October 18, 1989) (Revision 2,May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2.(11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH,and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 3. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 3.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 3.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland,MI 48686-0994,or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED "** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 '*** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 ***' Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) 01 KICK p ri2, LS' °�U�S� ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail'sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail'sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints,the initial 1/4 inch width"green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints,) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned,and the joint sealant installed. During the application of the joint sealant,the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 5. EQUIPMENT 5.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 5.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the Joint sawing to the required dimensions. 5.3 High Pressure Water Pump:The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfin. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool:This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster:The design shall be for commercial use with air compressors as ,(�K AL HMO I FOL CNN tKC.PMA PRI specified in Paragraph 5.4. 5.8 Backer Rod Roller and Tooling Instrument:These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 6. CONSTRUCTION METHODS 6.1 General:The jiaiut reservoir saw cutting,cleaning,bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of operations 6.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the"Construction Detail'sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air.(Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate,one directional passes.Upon the termination of the sandblasting,the.joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. ,XVIC AA ESCOO ROD 'Gff MCC,PMA "'i, Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints-A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dryjoints before the sealing operation commences. 7. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. 8, BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided in"MEASUREMENT"for"SILICONE JOINT SEALING",which price of shall be full compensation for furnishing all materials and for all preparation,delivery, and application of those sealing materials and for all labor,equipment,tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. PAY ITEM No. 13 -7"CONCRETE CURB: The contractor may,at his option,construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30)minutes after the concrete in the slab. PAY ITEM No. 15-REIFAINING WALL: This item will consist of placing retaining in locations and at heights determined by the engineer in the field. All p applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk"where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the contractor. PAY ITEM No. 17-REPLACE EXIST.CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for"REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. PAY ITEM No. 17-HMAC TRANSITION: o 0'i�r'�HVac This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans,as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. PAY ITEM No. 18-6"PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. PAY ITEM No.22-TRENCH SAFETY: Description: This item will consist of the basic requirements which the contractor must comply with in order to provide for the safety and health of workers in a trench. The contractor shall develop,design and implement the trench excavation safety protection system.`The contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration,U.S. Department of Labor,shall be the minimum governing requirement of this item and is hereby made a part of this specification. The contractor shall,in addition,comply with all other applicable Federal,State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal,which shall be total compensation for furnishing design,materials,tools,labor,equipment and incidentals necessary,including removal of the system. PAY ITEM No. 19-TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth(compacted)over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume(full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. PAY ITEM No.26-ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade.The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. PAY ITEM NO 27-MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No.450 shall apply except as follows: Included as part of this.pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. PAY ITEM No.28-ADJUST WATER METER BOX: U Ili uUV�'IIUYP �LSWo This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes which are within 0.1'of specified parkway grade. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. I PAY ITEM NO.29-5"H.M.A.C.PAVEMENT: The base course shall be a 3" deep Type"B" course placed in one lift. The surface course shall be a 2" deep Type"D"course placed in one lift. All provisions of Standard Specification No. 312.7 `Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt,paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer.The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than ''/:of the roadway width. IP 2) When the thickness of the base course(as determined from core samples) is more than 15%deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15%deficient,the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas(as determined in item 1)found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. r M r ^ e ^ e j ;�� °,� �C�CC,9, Flo WCj)C,?HP Va. VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed Nouse Bill 620 relative to the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State),our principal place of business,are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State),our principal place of business,are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: Sri!-/c irCyrw, T c. By: �r.�► w.��G (Please print) Signature: oz�- - -77 &x 7si79 Title: �•�'•1oi(r r7� City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION � - o u MCN&A E'KOED CERT IFICATE OF iNSiJRANCE TO: CITY OF FORT WORTH Date: October 25, 2000 NAME OF PROJECT: CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH PROJECT NUMBER: PS46-060460135810&C115-060115095216 IS TO CERTIFY THAT: STABILE&WINN,INC. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation rCO 98704621 6-28-00 6-28-01 Each Accident $500,000 Comprehensive General Bodily Injury: Liability Insurance(Public ON 98704506 6-28-00 6-28-01 Ea.Occurrence: $1,000,000 ombined Liability) Property Damage: Single limit Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to CON 98704506 6-28-00 6-28-01 Ea.Occurrence: $ 1,000,00 excavations Damage to Underground Utilities CON 98704506 6-28-00 6-28-01 Ea.Occurrence: $1,000,000 Builder's Risk Comprehensive Bodily Injury: Automobile Liability CON 98704548 6-28-00 6-28-01 Ea.Person: $ Ea.Occurrence:$1,000,000 ingle limit Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability CON 98704506 6-28-00 6-28-01 Ea.Occurrence: $1,000,000 combined Property Damage: single limi Ea.Occurrence: $ Other Umbrella ICON 98704589 6-28-00 6-28-01 1 $1,000,000 Locations covered: Texas Description of operations covered: Listed above The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. ARency Tucker Agency, Inc. Fort Worth Agent Tobin Fucker By Address P 0 Box 2285, Ft Worth, TX 76113 Title Authorized Representative ®r �ECC'RM Ff F1100 EINP M CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096,Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PS46- 060460135810&C115-060115095216 STABILE&WINN,INC. TRACTOR w /��ss►`�vGr+� Title Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared (,gw A•+ known to me be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of cJ"W,.yap, .rx.. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4eW day of Q's aL�i� 20 Dila rac ALVA NELL FEW Notary Public Notary Public id and for STATE OF TEXAS the State of Texas s�4� py My Comm. Exp.JUNE 5031 00 F F I C IAL EP c0PD . C,V �IGG1Qi� Bond #46BCSAL3110 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) STABILE & WINN, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3)Hartford Fire insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas,as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the:State of Texas,hereinafter called Owner, in the penal sum of: THIRTY-THREE THOUSAND EIGHT HUNDRED SEVEN AND 01/100.................................... ($33,807.01)Dollars in lawful money of the United States,to be paid in Fort Worth,Tan-ant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 17th of October, 2000 a copy of which is hereto attached and made a part hereof, for the construction of: CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH designated as Project No. (s) PS46-060460135810 & C115-060115095216, a copy of which contract is hereby attached,referred to,and made a part hereof as fully and to the same extent as if copied at length herein,such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans,specifications,and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract:, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. BC�I(%c:u�C u�F PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER,that the said Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the 17th of October,2000. ATTES STABILE&WINN,INC. (Principal)Secretary CIPAL(4) Z4. z-- (SEAL) W Y PO BOX 79380 SAGINAW,TX 76179 / (Address) ti� �1J Hartford Fire Insurance Company_ Witness as tb Principal Surety Address Y: ATTEST: ttorn5) T ey-in-fact)( racy Tucker (Surety)Secretary P 0 Box 2285 Ft Worth, TIC 76113 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact.. Witness as to Surety P 0 Box 2285 Ft Worth, TX 76113 (Address) t t i t _. _ � t _ _ � i i i i PAYMENT BOND Bond #46BCSAL3110 THE STATE OF TEXAS § COUNTY OF TARRANT § v KNOW ALL MEN BY THESE PRESENTS: That we (1) STABILE & WINN, INC. a (2) Corp. of Tarrant County, hereinafter called Principal, and (3) Hartford Fire Insurance Company a corporation organized and existing under the laws of the State CT and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner, and unto all person, firms,and corporations who may furnish materials for, or perform labor upon,the building or improvements hereinafter referred to in the penal sum of: THIRTY-THREE THOUSAND EIGHT HUNDRED SEVEN AND 01/100.................................... ($33,807.01)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County, Texas, for the payment of which sum will and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 17th day of October A.D. , 2000, a copy of which is hereto attached and made a part thereof,for the consideration of.: CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH designated as Project No. (s) PS46-06046013580 & C115-060115095216, a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253,Texas Government Code, supplying Iabor and materials in the prosecution of the work provided for in said Contract,then this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 x THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code. PROVIDED FURTHER,that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,this the 17th day of October A.D.,2000. ATTES STABITABIL &WINN INC. RINCWBY:B:BW Title: A~0.14—e (Principal)Secretary PO BOX 79380 SAGINAW,TX 76179 (SEAL) (Address) j4lu Hartford Fire Insurance Company Witness hs to Principal Sur Sw••� ttomey-in-fact)(5)Tracy Tucker Address P 0 Box 228 Ft Worth, TX 76113 ATTEST: (Address) (Surety)Secretary (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact:. Witness as to Surety P 0 Box 2285 Ft Worth, TX 76113 � � ! (Address) r��c� `' ',QV . 9 �' _ 999 ♦- ` ' A� y� .. �� � ' ` ��� �\1 Bond #46BCSAL3110 (Address) Bond #46BCSAL3110 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) STABILE & WINN, INC. as Principal, acting herein by and through (2) John W. Stabile its duly authorized President .and (3) Hartford Fire Insurance Company a corporation organized under the laws of the State of CT as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of THIRTY-THREE THOUSAND EIGHT HUNDRED SEVEN AND 01/100.................................... ($33,807.01) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors,said Contractor and surety do hereby bind themselves, their heirs, executors, administrators,assigns and successors,jointly and severally. This obligation is conditioned,however;that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, dated the 17th day of October,2000,the performance of the following described public work and the construction of the following described public improvements: CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH all of same being referred to herein and in said contract as the Work and being designated as project PS46- 060460135810 & C115-060115095216 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof,the same as if set out verbatim herein;and, WHEREAS, in said Contract,Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City;and WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of One(1)Year;and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary;and, WHEREAS,said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. -- NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect,and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in Tarrant County,Texas; and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,dated October 17th ,2000. ATTEST. (Principal)Secretary (Seal) STABILE& WINN,INC. PRINCI (4) BY• W "� Title: 064W.."001 PO BOX 79380 l SAGINAW,TX 76179 u (Address) Witness ks to Principal Hartford Fire in urange Company ��- urety (Address) ATTEST: ey-in-fact)(5) Tracy Tucker P 0 Box 2 85 Ft Worth, TX___76113 (Address) (Surety)Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation,a partnership or an Individual,as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. Witness as to Surety P 0 Box 2285 Ft Worth, TX 76113 CC:�N�ECk,MEy R. IIGVE'I I � n t t i ` = 1 -= � 1 1 f 1 1 1 1 1 1 1 HARTFORD FIRE INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Const,and having its principal office in the City of Hartford,County of Hartford.State of Connecticut,does hereby make,constitute and appoint TRACY TUCKER,TOBIN TUCKER and W LAWRENCE BROWN of FORT WORTH,TEXAS its true and lawful Attomey(s}in-Fact with full power and authority to each of said Asomey(sHn-Factt,in their separate capacity if more than one is named above.to sign,execute and * acknowledge any and all bands and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fide6[y of persons holding places of public or private trust guaranteeing the performance of contracts other than irtserance policies;guaranteeing the performance of insurance contracts where surety bonds are accepted by states and nwricipeities,and executing or guaranteeing boi and undertakings required or permitted-in all actions or proceedings or by law allowed,and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obkgaWry in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers,and hereby ratifies and confirms all that its said s AttonwAs)it mac may do in pursuance hereof. This Power of Attorney is granted under and by auChority of the By-Lam of HARTFORD FIRE INSURANCE COMPANY,Cthe Company")as amended by the Board of Directors at a meeting duly called and held on July 9.1997,as follows ARTICLE N SECTION 7.The President or any Vice President or Assistant Vkce-President acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings.r econgnnances,cattracts of indemnity and other wdtkxjs obligatory in the nature thereof,and such instruments so signed and executed,with or without the common seal,shall be valid and binding upon the Company. SECTION 8.The President or arty Vice-?resident or arty Assistant Vice President acting with any Secretary or Assistant Secretary,shall have power and authority to appeinl for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,one or more resident Vice Presidents,resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove arty such resident Vice-president,resident Assistant Secretary,or Attorney4n-Fact,and revoke the power and authority given to him. Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. w In Witness Whereof.HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President,and its corporate seal to be hereto affixed.duly attested by its Secretary,this 14th day of May,1999. HARTFORD FIRE INSURANCE COMPANY e� e° c: SEAL z # o d! Paul A.Bergenholtz,Assistant Secretary Robert L Post,Assistant Vice President STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD On this 14th day of May,A.D. 1999,before me personally came Robert L.Post to me known,who being by me duly sworn,did depose and say.that he resides in the Countyof Hartford,State of Connecticut,that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said cerperat6on;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. » rUOt� • Jean K Wozniak Notary Public CERTIFICATE My Cormnissiou Expires June 30,2004 4 the undersigned,Secretary of HARTFORD FIRE INSURANCE COMPANY,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore,that AAide N,Sections 7 and 8 of the By-laws of HARTFORD FIRE INSURANCE COMPANY,set forth in the Power of Attorney.are now in face. Signed and sealed at tie City of HacUord. Dated the 17th day of October 20 00. n e� --. SEAL Richard L Marshall.Jr.,Assistant Secretary 'MCI„^ ,I�„^�D J Dennis Lane,Assistant Vice President NPRARY Form S-3507-9 (HF) Printed in U.S.A. rr llGV�IUU IM r r TUCKER AGENCY, INC. Bonds and Insurance 206 E. Eighth St., Suite 210 + Fort Worth, Texas 76102 (817) 336-8520 r r a r CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 17th day of October A.D., 2000, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, STABILE & WINN. INC.,HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, aild under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: CONSTRUCTION OF THE EAST HALF OF TRACE RIDGE PARKWAY FROM SHIVER ROAD TO 285 FEET NORTH 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made!a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10)days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the insp `,' GQ D the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 30 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $105.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor.against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginnin work to mat- execute azexecute and deliver to said City of Fort Worth good and sufficient surety bo d � he p performance of the terms and stipulations of the Contract and for the payment A':;V u� �. 4` H, Ml and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding)alternates n/a, shall be THIRTY-THREE THOUSAND EIGHT HUNDRED —SEVEN AND 01/100.........................................................................................»........Dollars,($33,807.01). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas, this the 17th day of October,A.D.,2000. 10XVI�A Nnn r' r1 RECOMMENDED: CITY OF FORT WORTH 000@ BY: C��U c�����E15111i,1EU o '.0 ► �o pw FM A..z6a4u:2� DIRECTOR,DEPARTMENT OF "MAR ENGINEERING APPROVED: TRA N/PUBLIC WORKS DIRECTOR ATTEST: STABILE & WINN,INC. PO BOX 79380 SAGINAW,TX 76179 CONTRACTOR io-3l-ori CITY SECRETA (SEAL) BY Contract Authorisation 1 -17- OO Date TITLE APPROVED AS TO FORM AND P 0 Box 79380 Saginaw, TX 76179 LEGALITY: ADDRESS TT Y r November 1960 Revised Nfay 1986 Revised September 1992Q�� -G' w y