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Contract 32372
CITY SECRETARYV 19 D.O.E. FILE CONTRACTOR'S BONDING CO SPECIFICATIONS CITY SECRETARN �h .,���lTRACT NO, oL ","NSTRUC'TION'S COPY AND CONTRACT DOCUMENTS CONCRETE RESTORATION (2005-21) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4778 TPW PROJECT NO. GS93-020930532600 June 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, PE - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS l GEORGE BEHMANESH, PE - ASSISTANT DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS NN.NNp...N..• - O R >��.r► 6 - M -2ooS Uv LW& S S Print M&C COUNCIL ACTION: Approved on 9/6/2005 DATE: 9/6/2005 REFERENCE NO.: **C-20959 LOG NAME: 3000NCRETE05-21 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Westhill Construction, Inc., for Concrete Restoration (2005- 21) at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Westhill Construction, Inc., in the amount of$417,330.00 for 130 calendar days for Concrete Restoration (2005-21) at various locations. DISCUSSION: In the FY2004-2005 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Concrete Restoration (2005-21) at various locations provides for repair of concrete panels in concrete streets at specified locations funded from the Contract Street Maintenance Fund. The attached list details the limits for each of the streets for this project. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on June 16 and 23, 2005. On July 21, 2005, the following bids were received: BIDDERS AMOUNT Westhill Construction, Inc. $417,330.00 Laughley Bridge & Construction, Inc. $433,410.00 Westhill Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE participation. The City's goal on this project is 16%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930532600 $417,330.00 Submitted for City Manager's Office-OT Marc Ott (8476) Originating Department Head: Douglas Rademaker (6157) Additional Information Contact: Douglas Rademaker (6157) ATTACHMENTS CR2005-21.rtf SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE RESTORATION(2005-21) T AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS DOE PROJECT NO.4778 PROJECT NO.GS93-020930532600 o ki A.DOUGLAS RADEMAKER,P.E. DATE DIRECTOR,DEPARTMENT OF ENGINEERING A)'iz; , FORGE A.B16"ES4 P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT I-o O I&P.E. DATE ENGINEER MANAGER WATER DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance ` 6. Disadvantaged Business Enterprise 7. Special Provisions 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Maintenance Bond 13. Contract 14. Project Designation Sign 15. Details 16. Street Locations NOTICE TO BIDDERS Sealed proposals for the following: FOR: CONCRETE RESTORATION (2005-21)AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4778 TPW PROJECT NO. GS93-020930532600 Addressed to Mr. Charles R. Boswell, Ci Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 PM, 'kµ and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Specifications/Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00; such deposit is not refundable. Additional sets may be purchased on a nonrefundable basis for twenty dollars($20.00) per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 a.m. Wednesday, _June 29;;;2005 in the Department of Transportation and Public Works Conference Room No.270. Bid security is required in accordance with the Special Instruction to Bidders. 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. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being non-responsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-392-7910. r In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition, the bidder shall submit ` the M/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 PM, five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the r 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. For additional information,contact Susan L.Schwinger,P.E.,at(817)392-6529. CHARLES R.BOSWELL Robert D.Goode,Director City Manager Transportation and P lic Works PUBLICATION: By: /t)6f-� June 16,2005 Najib N.Fa s,P.E., June 23,2005 Street Program Manager,TPW Oft .. SPECIAL INSTRUCTIONS 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 5 percent of the largest possible 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 days after the contract has been .. awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals willbe tabulated on the basis of the quoted prices,the quantities shown in the proposal, and the ,. application of such formulas or other methods of bringing items to a common basis may be established in the Contract Documents. ,. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities,to re-advertise for new proposals, or to .. proceed with the work in any manner as maybe considered for the best interest of the Owner. do The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as gpproximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be do made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the 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 do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS - I- .. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49) City business days from the date that the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ,i ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The .R 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 Chapter 2253 of the Texas Government Code, as amended. A. If the total contract pricc is$25,000 or less,payment to the contractor shall be, made in one lump sum. Payment shall not be made for a period of 45 calendar a , days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. .. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount 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. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, w full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. .. No sureties will be accepted by the City that 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 dft 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 .. SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8,Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex, race,religion,color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment practices. .. 8 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. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director 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. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor .r must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance +� ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned,hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders- Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and .� solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of ,. recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs ,ft for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. •• K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance .. required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident'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 non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "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 the project is funded in whole or in part with 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 non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women ., business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. .. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date,exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s)have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The .. monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a .. particular month,place a"0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth,The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/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 M/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 initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- i will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal,the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS,FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less 5%retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final .. punch list has been completed, as evidenced by a written statement signed by the contractor and the City. .. d. The warranty period shall begin as of the date that the final punch list has been completed. .. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31,with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. .. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized An equipment is less than 1-hour, or if equipment is new and certified by EPA as"Low SPECIAL INSTRUCTIONS TO BIDDERS -7- Emitting",or equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions,or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: .. A. Definitions: Certificate 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 workers' compensation insurance coverage for the person's or entity 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 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 other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide 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) for all employees of the contractor providing services on the project, for the duration of the project. =a 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 .a coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Oft E. The contractor shall obtain from each person providing services on a project, and provide to the City: .m SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) a certificate of coverage,prior to that person beginning work on the project, so the City 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. i E. 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 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 Workers' 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. r I. 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 or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (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. SPECIAL INSTRUCTIONS TO BIDDERS -9- (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known,of any change that i 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 workers' 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 of misleading information may subject the contractor to administrative penalties, •• criminal penalties,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 which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "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 Workers' Compensation Act or other Texas Workers' 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 WORKERS'COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'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 Workers'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." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in SPECIAL INSTRUCTIONS TO BIDDERS �` -10- connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any 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 acting on their behalf, shall specify in solicitations or advertisements for employees to work on those 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 that it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the �- performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the .r 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 or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of , Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS - ll - CITY OF FORT WORTH HIGHWAY CONSTRUCTION N 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 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) 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 To: Mr. Charles R.Boswell City Manager Fort Worth,Texas FOR: CONCRETE RESTORATION(2005-21) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS PROJECT No. GS93-020930532600 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. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bonds 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 PRICES WRITTEN UNIT TOTAL ITEM ITEM QUANTITY IN WORDS PRICE AMOUNT BID S.P. 1. 1 LS. UTILITY ADJUSTMENT Two Thousand Dollars& No Cents Per LS $2,000.00 $2,000.00 S.P. 2. 2 EA. PROJECT DESIGNATION SIGNS Q'ac 011111"r-1 Dollars& ad o0 1.40 Cents Per EA. $ S.P. 3. 7,400 SY. REINFORCED CONCRETE PAVEMENT 314 / Dollars& q Q o0 c�Tjl Cents Per SY. $ —r I $ S.P. 4. 9,400 LF. SILICONE JOINT SEALANT(Joints f`/4" wide) OP& Dollars& �m o0 T-ley Cents Per LF. $ 14.0 . $ 1l X280 P- Z .« SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 5000 LF. 7"CONCRETE CURB REPAIR S i yC Dollars& ( O c, r fl Cents Per LF. $ $ O� 1 S.P. 500 SY. FLEX BASE S J Dollars& Q p p0 e M 3 M10 Cents Per SY. $ — $ 0 S.P. `8,�rf 500 CF. EXCAVATION — 0 — Dollars& 400 F r F 7y Cents Per CF. $ 'SO $ 9-56— S.P. 60 CY. CONCRETE F/rz� Dollars& no eb tj,oCents Per CY. $ $ Om pQ S.P. 2 EA. MANHOLE ADJUSTMENT Three—Hundred and Fifty_Dollars& .� No Cents Per Each $ 350.00 $ S.P. 11� 2 EA. WATER VALVE BOX ADJUSTMENT Two—Hundred and Fifty Dollars& 00 No Cents Per Each $250.00 $ 500— TOTAL 00—TOTAL BID $ 4 P- 2 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 one hundred thirty 130 calendar 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 Salo A,0 Dollars(S ) is to become the property of the City of Fort Worth,Texas,or the attached Bidder's Bond 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. The Contractor shall mobilize within ten(10) calendar days of the notice liven by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. (1/we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully submitted, Addendum No. 1(Initials) �GSTrl tL L NS?tLy�Tt ort ��'i Addendum No.2(Initials) Company Name Addendum No.3(Initials) S Mi nature V �Z��t3Oc d�S Printed Name of Principal Address• r-b 5`f- 7 f C"-Llj'712,g1e, �eX.9s (Seal) E-mail Address:( sYf1toepolsT a 4o- 42,04 Date: 7 ti)$ Telephone: V t7— 5-58^ 25D¢' P-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident 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 non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident 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. Non-resident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. OnVrincipal place of business or corporate offices are in the State of Texas. Bidder: .. Company By: (Please print) Po / Address Signature C (.L,,, .#JC rey, x(0031 t&es.,���s City State Zip Title(Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MNNBE goal is applicable. If the,total.dpllar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is %of the base bid value of the contract. = COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MMBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the M/WBE Office at(817)392-6104. Rev.5/30/03 i i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIM(E�COMPANY NAME: Check applicable block to describe prime a. (.tJG�T c.L f�QaJ Srfiz 710.E Z"i c.. MNV/DBE NON-M/W/DBE PROJECT NAME: ID DATE C©.i�- �csTolt�4Twal c?oo�5--�1 7 lL, as' City's MNVBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER 14P % % no a 4 477v Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its=entirety with requested documentation, and received by the lltanaging Department on orbefore 5:0a prn..five (5)C itybusiness days after bid opening, exclusive of bid opening date, Will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MAMBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional 'and/or knowing misrepresentation of facts is grounds for consideration.of disqualification and will result in the bid being considered non-responsive to bid specifications M/VVBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MNVBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MMBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n � Company Name i N T Detail Detail Address M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D W R O B E E C T E A -u�.1A 12ae�Glr1� � rOnr &,io2Tr-4 Tk4o&!4 sly fe.ej; �,�tczn Rpt; �-1�,� a t D� C'osl��.e.re. ro 8v y- [IL7-3Z7 eLA-1 517-Z 51-(Q l 9 LR,drnc. 5.rrtI .� C®sscz-F� / 06 54 8fl �4;VJ Soo " 0 4-G-S9 Z4�Te Rev.5/30/03 ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification P (check one) C SUBCONTRACTORISUPPLIER T r Company Name ; N T Detail Detail Address i M W C X i Subcontracting Work Supplies Purchased Dollar Amount T D r Telephone/Fax r B B R O E E E C T E A ink rr Rev.5/30/03 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 7 ( OQ �- Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 16,200 043 -r .. TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ S ,Zoo ' The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business. Enterprise Office Manager or designee through the submittal of a Request for Approval of ChangefAddition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of.how;the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or t Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in .� City work for a period of time not less than one (1) year. M Auth ized Signature Printed Signature pis f rnJfWr TWO Contact NameTtle(if different) (20, l sT Se►lc. <3 Z504- Company Name Telephone and/or Fax Address E-mail Address -1 cnyrstater�ip Date E Rev.5/30/03 CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: H.M.A.C. SURFACE OVERLAY(2005-21) AT VARIOUS LOCATIONS DOE PROJECT NO.4778 TPW PROJECT NO. GS93-020930522600 1. SCOPE OF WORK: The work, covered by these specifications, includes removing failed reinforced concrete pavement and replacing with a minimum of 7-inches of new reinforced concrete pavement and removing failed joint material and replacing with new joint material and new silicone joint sealant. The work also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10)calendar days,a$200 dollars liquidated damage will be assessed per Block per day. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. For street locations see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. SP-4. 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require,including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the .apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 4. CALENDAR DAYS: The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified,liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule,the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an SP- 2 updated schedule showing how the project will be completed within the contract time. B. The Project Manager and the Directors of the Department of Engineering, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 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. CONSTRUCTION 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 and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay SP- 3 item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 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 "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the 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 two(2)years from date of final acceptance of this project by 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. See Special Instructions to Bidders Item No. 14 for further requirements. 10. TRAFFIC CONTROL: The contractor will be required to obtain a"Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos.27,29,30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer (D,817-392-8712 at least 10 working days prior to the preconstruction conference. Although work will not begin until the traffic control panel has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will 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 871-7738), 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 sr- 4 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 re-installed,the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air Pollution Watch Days"with substantial use of motorized equipment. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING 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 door hang 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 door hang shall be posted three (3) days prior to beginning any construction activity on each block in the project area.The door hang shall be prepared and include the following information: Name of Project, DOE& TPW Nos.,Scope of Project(Le. 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. i` 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 door hang 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 door hang is delivered to all residents of the block. SP- S In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or door hang of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or door hang shall be posted twenty-four (24) prior to the temporary interruption. The door hang shall be prepared and include the following information:Name of the project, DOE & TPW Nos., the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number and the City's after-hours phone number. A copy of the temporary interruption notification shall be delivered to the inspector for his review p1j2E to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the door hang has been delivered to all affected residents and businesses. The Electronic version of the sample door hang can be obtained from the Construction office at(817)871-8306. All work involved with the notification door hang shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: The Contractor will receive bi-weekly 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. See Special Instructions to Bidders Item No. 14 for further requirements. 13. 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 sP- 6 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 and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. 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 the latest edition of the "Texas Manual on Uniform Traffic Control Devices,Vol.No. 1". 15. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,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) and a flood plain permit issued. 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 Contractor's 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 Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site,upon notification by the Director of the Department 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. SP- 7 No temporary storage of material, rubble, equipment or vehicles within parkway is allowed. Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 16. 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. 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. CONSTRUCTION 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 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. Contract start date would be outlined in the Work order notice. Proiect 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. 19 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches,painted yellow with black letters that are legible at twelve 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." (2) 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. SP- Q$ (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TXU Electric Delivery) 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 TXU Electric Delivery and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TXU Electric Delivery for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(3). 20. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books,documents,papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. 21. 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 sP- 9 asphalt 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. 22. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined spaces".Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces(e.g. vacuum testing, cleaning,televising,construction, etc.). SP- 10 NON-PAY ITEM No. 1 -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. NON-PAY ITEM No. 2-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 standards 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.3—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. 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 SP- 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. NON-PAY ITEM No.4—LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking previously exposed manholes and water valves in the work area of a particular street before the removing and replacing failed concrete pavement. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. Marking the curbs with paint is a recommended procedure. It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly.The following are utility contact persons: Company Telephone Number Contact Person SBC— Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery 817-215-6424 Mr.Scott King Downtown 817-215-6688 Mr.Robert Martinez -other than Downtown Atmos Energy(Gas)— 817-215-4306 Mr. Roger Oliver CFW Street Light and Signal 871-8100 Mr. Dwayne Cox Mr. Roger Martin Storm Drain 871-8100 Mr. Gordon Couch Water&Sewer 817-212-2686 _ 817-992-0130 Cell Mr.Steve Tackett SP- 1z 817-212-2633 817-991-8102 Cell Mr. Ron Dacus The contractor shall be responsible for all materials, equipment and labor to locate and mark utility manholes and water valves, to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. 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 be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. SP- l3 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.3 -REINFORCED CONCRETE PAVEMENT: The work includes removing failed reinforced concrete pavement and replacing with a minimum of 7-inches of new reinforced concrete pavement as per standard specifications Item No. 104, "Removing Old Concrete" and Item No. 314, "Concrete Pavement". The Engineer shall determine replacement limits. In addition, this item includes removing failed joint material and replacing with new joint material and new silicone joint sealant. Joint material and silicone joint sealant shall be in accordance with the enclosed technical specification "Silicone Joint Sealing for Concrete Pavement" and joint details. For situations where extensive slab replacement is next to existing deteriorated or damaged curb, the contractor shall replace both slab and curb. The Engineer shall determine locations of curb replacement. Payment for slab replacement shall be addressed under Pay Item No. 3 "Reinforced Concrete Pavement" and payment for curb replacement shall be addressed under Pay Item No. 6"Concrete Curb Repair". Contractor must remove existing failed pavement in a manner that subgrade is not disturbed. Contractor must re-compact subgrade and areas re-compacted shall have a uniform density not less than 95% of maximum density (ASTM D-698). In place density test per each repaired surface area shall be undertaken. The guidelines for compacting, per standard specification Item No. 202, "Rolling", may be waived due to physical construction restrictions. Engineer may accept other compaction methods. Payment for compacting, including labor and equipment, shall be incidental to other pay items in the contract. If in the process of removing failed concrete pavement, it is revealed that the subgrade, even after attempts to compact and re-shape, is not meeting requirements of standard specification Item No. 204 "Subgrade Preparation", and is exhibiting severe ruts and poor material composition that can not be manipulated and compacted, the Contractor shall remove 6-inches of top subgrade and replace with flexible base. The cost of removing and SP- 14 disposing of subgrade and placing of flexible base shall be covered in Pay Item No. 7, "Flex Base". If failed concrete pavement has a depth that is less than 6-inches (distance between top of new pavement surface and re-compacted subgrade surface), the Contractor shall remove excess subgrade material. Subgrade must be re-shaped and re-compacted to allow a replaced 7-inches thick concrete pavement section. Cost of removing and proper disposal of excess excavated material shall be covered under Pay Item No. 8,"Excavation". If replaced pavement section depth exceeds 7-inches and subgrade meets compaction requirements, the Contractor must pour a uniform pavement section exceeding 7-inches in depth. The cost of additional concrete shall be covered under Pay Item No. 9, "Concrete" and shall be full compensation for labor, material and equipment used. The concrete shall be designed to include a minimum of 6 sacks of Type I, or Type III cement. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type A water-reducing admixture and a Type C non-chloride set-accelerating admixture may be used with minimum 5.5 sacks of type I or Type III cement to achieve the earliest possible concrete-setting times. The use of a set-retarding admixture will not be permitted. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in 48 hours. Concrete pavement may be opened to traffic as long as the minimum compressive strength requirement of 3000 pounds per square inch has been met. If the concrete fails to reach the required 48-hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Slump shall not exceed 3 inches. An entrained air content of three (3) to six (6) percent, as directed by the Engineer, shall be provided. The fine aggregate shall have fineness modules of 2.60 to 2.80. All admixtures used shall conform to the requirements of standard specifications Item No. 314, "Concrete Pavement" except that the Type C set-accelerating admixture may require addition, at the job site, when the temperature of the concrete is above 55 T. Either transit-mix or central-mix concrete will be permitted. Existing concrete pavement shall be sawed full depth. Reinforcing bars (No. 3 @ 24" OCBW), dowels and tie bars shall be placed as shown on the enclosed joint details. All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Engineer. Screeds will not be allowed except if approved by _ the Engineer. SP- Actual measured material in square yards, in place, shall be the basis for payment. Payment shall be full compensation for labor, material and equipment used, at the locations determined by the Engineer. PAY ITEM No.4& 5- SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: This item addresses existing joints undergoing rehabilitation and newly formed joints that require new joint material and sealant. This item shall be in accordance with the technical specification "Silicone Joint Sealing for Concrete Pavement" and pavement joint details contained in this contract document. The Engineer shall outline limits of work. This item includes the removal, clean up and replacement of polyethylene bond breaker tape and redwood expansion joint filler at an expansion joint (when a slab is replaced at one side of a joint) (Joint Detail No.1), backer rod at a dummy joint(Joint Detail No.2)and silicone joint sealant. Silicone joint sealant shall be applicable for existing joints (transverse,longitudinal,either construction or an expansion joint). Removal and clean up of existing joint surfaces must yield uniform straight surface that would allow the proper installation of silicone sealant per manufacturer guidelines. Removal of existing joint material must be removed by an appropriate method such as a joint plow, a router or hooks. Sand blasting or water could be used to clean inside surfaces of joint in preparation of silicon application. Joint surfaces must be free of all contaminants and residue as called for by silicone manufacturer criteria and as indicated in the construction method of the technical specification "Silicone Joint Sealing for Concrete Pavement". Joint material/silicone joint sealant shall be measured in linear feet,in place,shall be full _ compensation for all labor,materials,equipment,tools,and incidentals necessary to complete the work. PAY ITEM No.6-7" CONCRETE CURB REPAIR: This item includes the replacement of curb where extensive slab replacement is required next to existing deteriorated or damaged curb. The contractor shall replace both slab and curb. The Engineer shall determine locations and limits of curb replacement. Standard specification Item No.502, "Concrete Curb and Gutter", 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 SP- �{p EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE 18//2/DD2/05NY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main St, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Ft. Worth. TX 76102-5333 817-820-8100 INSURERS AFFORDING COVERAGE NSURED Westhill Construction, Inc. INSURER A: Amerisure Mutual Insurance Co. Attn: Ted Reynolds INSURER B: Amerisure Insurance Co. P.O. BOX 2016 INSURER C: Cleburne TX 76033 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS .TR T M ATE D Y A GENERAL LIABILITY CPP1324096 2/28/05 2/28/06 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE Fx_1 OCCUR MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2000000 POLICY X PES F7 LOC A AUTOMOBILE LIABILITY CA1324095 2/28/05 2/28/06 COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO Me accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) l X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ IPer accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CU1324097 2/28/05 2/28/06 EACH OCCURRENCE $ 5000000 X1 OCCUR EICLAIMS MADE AGGREGATE $ 5000000 S DEDUCTIBLE $ X RETENTION $ 10000 S A WORKERS COMPENSATION AND WC201 8729 2/28/05 2/28/06 X I WI TORY"M TS CER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 1 ISI E.L.DISEASE• POLICY LIMIT $ 1000000 A OTHER 2/28/05 2/28/06 INLAND MARINE IM1324098 INLAND MARINE LIMIT: $237,828 1$1,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONCRETE RESTORATION (2005-21) AT VARIOUS LOCATIONS. PROJECT NO. GS93-020930532600 THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION. -CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF FORT WORTH, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: VICKI MCDONALD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WORTH, TX 76102 REPRESENT TIVES. AUT Z EPRESENTATIV ACORD 25-S (7/97) 0 RD CORPORATION 1988 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 L i ACORD 25-S(7/97) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4778 and City of Fort Worth Project No. GS93- 020930532600. CONTRACTOR West ' I Construction Inc. Name: �� Title: Date: 9-Q8,pr STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared ,. -1-eet , known to me to 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 Westhill Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this $��day of ���`(����, 20OtD . Notary Public ih and for the State of Tas P MARILYN KNE Notary Public STATE OF TEXAS My Comm.Exp.03/23/2008 Bond No. 75020651 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) WESTHILL CONSTRUCTION, INC. as Principal herein, and (2) GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized under the laws of the State of(3) MICHIGAN , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of FOUR HUNDRED SEVENTEEN THOUSAND THREE HUNDRED THIRTY AND NO/100........... Dollars ($417,330.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 6th day of September, 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: CONCRETE RESTORATION (2005-21) AT VARIOUS LOCATIONS NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 13th day of September. 2005. Westhill C?nstruction Inc. PRINCIPA ATTEST: By: Ted Reynolds C\� Title: President (Principal) cretary Address: P.O.Box 2016 Cleburne,TX 76031 (S E A L) Witness as to nc pal q �c� � —UCO 6 Addres C\ebU`�c�e l0 Guarantee Company of North America USA SURETY ATTEST: By. (Surety) Secretary Teresa Godsey, Attorney in Fa (S E A L) Address: 101 E.Park Boulevard,Ste 817 Plano,TX 75074 Witness s to i ty Telephone Number: (972)423-4851 777-Maig,S h d6102 (Address) u NOTE: (1) Correct name of Principal(Contractor) (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 75020651 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1), WESTHILL CONSTRUCTION, INC., as Principal herein, and (2) GUARANTEE COMPANY OF NORTH AMERICA USA , a corporation organized and existing under the laws of the State of(3) MICHIGAN, as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of FOUR HUNDRED SEVENTEEN THOUSAND THREE HUNDRED THIRTY AND NO/100........... Dollars ($417,330.00)for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 6" day of September, 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: CONCRETE RESTORATION(2005-21)AT VARIOUS LOCATIONS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. { IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 13th day of September, 20 05. Westhill Canstruction,Inc. PRINC ATTEST: By: Name: Ted Remolds (Principal) cretary Title: President (S E A L) Address: P.O.Box 2016 Cleburne,TX 76031 Witness as to Principal Guarantee Company of North America USA SURETY ATTEST: By: LA il , "Ah Name: Teresa Godley Secretary Attorney in Fact (S E A L) Address: 101 E.Park Boulevard Suite 817 Plano,TX 75074 Witnes s to r ty Telephone Number: (972)423-4851 NOTE: (1) Correct name of Principal(Contractor) (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 75020651 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That WESTHILL CONSTRUCTION, INC. ("Contractor'), as principal, and, GUARANTEE COMPANY OF NORTH AMERICA USA a corporation organized under the laws of the State of MICHIGAN , ("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 i { the State of Texas, ("City") in Tarrant County, Texas, the sum of FOUR HUNDRED SEVENTEEN THOUSAND THREE HUNDRED THIRTY AND N0/100........... Dollars ($417,330.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its i 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, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 6th of September, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: CONCRETE RESTORATION (2005-21) AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930532600 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents �. being incorporated herein and being made a part hereof; 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 a period of 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 Two (2) years; 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 City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore 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 the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 13th day of September , A.D. 20 05. ATTEST: Westhill Construction. Inc. (S E A L) Contractor By. Secretary Name: Ted Reynolds Title: President Guarantee Company of North America USA ATTEST: Surety - (SEAL) By: Secretary Name: Teresa Godsey Title: Attorney-In-Fact 101 E. Park Boulevard, Suite 817 Plano, TX 75074 Address THE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Grosse Pointe Farms,Michigan,does hereby constitute and appoint Teresa Godsey,Rosemary Anderson,Carol Noone,Brenda McCaw its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: I. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3l"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this J.AIITEF�.�� 7'"day of January,2004.THE GUARANTEE COMPANY OF NORTH AMERICA USA Y < *'r1 AMEa�' _ STATE OF MICHIGAN Jules R.Quenneville,President County of Wayne On this 7th day of January,2004 before me came the individual who executed the preceding instrument,to me personally known, and being by me duly sworn,said that he is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Company of North Gail Trevor America USA offices the day and year above written. Notary Public Macomb County,MI Acting in Wayne County,Michigan My Commission Expires /J�?:. August 2,2005 T / J 1,Gail E.Latham,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is awe and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 13z*of September20 0.5 VJ rEE 0. G a 4O*�H AMEa�`' Gail E.Latham,Secretary CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT ;EP 0 0 1005 This agreement made and entered into this the day of A.D., 2005,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 11`h 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,Westhill Construction, 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, and 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: CONCRETE RESTORATION(2005-21)AT VARIOUS LOCATIONS 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 inspection and approval of deposited no more than thirty (30) minutes after the concrete in the slab is placed. In situations where only curb replacement is called for, new slab and curb shall be drilled into existing pavement per detail sheet. Concrete slab shall be paid for under Pay Item No. 3, "Reinforced Concrete Pavement" and curb shall be paid under Pay item No.6,7"Concrete Curb Repair. The curb shall be measured in linear feet, in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. Cost of back filling behind curb, grading, turf re-establishment and watering of sod shall be included in this pay item. PAY ITEM No. 7—FLEX BASE: This item addresses subgrade that has irregularities, weak spots; ruts, and not meeting compaction requirements. Contractor shall replace top 6-inches of subgrade with flexible base material. Application of flexible base material shall be accordance with standard specification Item No. 208,"Flexible Base". Measurement is in square yards and shall cover actual area and depth of 6-inches of material used. Payment is full compensation and covers the cost of labor, material, and equipment used in excavating and hauling off failed subgrade material and manipulating, spreading, and compaction of flexible base material. Use of material shall be determined in the field by the Engineer or his Representative. PAY ITEM No. 8—EXCAVATION This item covers the cost of removing excess subgrade material in areas where the existing failed pavement section is 6-inches or less in thickness and the proposed pavement is 7- inches or greater in thickness. This item covers the removal and proper disposal of excess subgrade material and shall be in accordance with standard specifications Item No. 106, "Unclassified Street Excavation". Measurement is in cubic yards and payment shall be for all labor, equipment used and the removal and disposal of material. (Manipulation, re-shaping, and compaction of subgrade is covered under Pay Item No. 3., "Reinforced Concrete Pavement".) Excavation shall be determined in the field by the Engineer or his Representative. PAY ITEM No. 9—CONCRETE This item covers the cost of additional concrete used in the replaced pavement sections that exceeds 7-inches in depth. Replaced pavement section to be uniform, concrete to be cast SP- 1, monolithically. Mix requirement, material selection, compressive strength, etc., shall match requirements highlighted in Pay Item No.3.,"Reinforced Concrete Pavement". Actual measured material in cubic yards, in place,shall be the basis for payment. Payment would be full compensation for labor, material and equipment used. Additional concrete shall be determined in the field by the Engineer or his Representative. PAY ITEM NO. 10-MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing manhole to match proposed grade as shown on the plans, in the detail at the back of this document or as directed by the Engineer. Standard specification Item Nos.450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch.Work shall be completed and street open to traffic within seven(7) calendar days. - If the contractor fails to complete the work within seven (7) calendar days, $100 dollars liquidated damage will be assessed per each manhole per day. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. 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. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools,and incidentals necessary to complete the work. PAY ITEM NO. 11 -WATER VALVE BOXES ADJUSTMENT: Contractor will be responsible for adjusting water valve boxes to match new pavement grade in accordance with the detail at the back of this document or as directed by the Engineer and the Standard Specification 406 "Concrete for Structures" shall apply except as herein modified. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. SP- 1 Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes,which are damaged during construction at no cost to the City. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven(7)calendar days. If the contractor fails to complete the work within seven (7) calendar days, $100 dollar liquidated damage will be assessed per each water valve box per day. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools,and incidentals necessary to complete the work. END of SEcTic+.� SP- I`� CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT - SPECIFICATION for SILICONE JOINT SEALING FOR CONCRETE PAVEMENT (Revision 1, October 18, 1989) (Revision 2,May 12, 1994) (Revision 3,June 23,2005) 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. 2. MATERIALS 2.1 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. 2.2 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. 2.3 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 (Dallas, Teras Distributor 972-243-0676), or an approved equal. See testing requirements at the end of this document. (Rev.3,June 23,2005) 2.4 The joint filler stop shall be of a closed cell expanded polyethylene foam backer rod for contraction and construction joints and polyethylene bond breaker tape for expansion joints, of sufficient size to provide a tight seal. (Rev. 3,June 23,2005) 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 TS—k reaction shall occur between them. Reference is made to the various enclosed joint details with their respective dimensions.(Rev. 3,June 23,2005) 3. 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 joint details 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 two (2) 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.(Rev. 3, June 23, 2005) 4. EQUIPMENT 4.1 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: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 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. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. 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. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.3.(Rev. 3, June 23, 2005) T S--i 4.8 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. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting,cleaning,bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of operations. 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the joint details. The faces of the joints shall be uniform in width - and depth along the full length of the joint. (Rev. 3,June 23, 2005) 5.3 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 tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 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, dry and frost ree. (Rev. 3,June 23, 2005) -Ts-3 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. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. (Rev. 3, June 23, 2005) 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, dry joints before the sealing operation commences. 6. 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 two years after final acceptance of the completed work by the Engineer. (Rev. 3,June 23, 2005) 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as which price 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 these specifications. (Rev. 3,June 23,2005) -Ts-�( ® • 1 Sample Specification for Dow Corning 890-SL Self-Leveling Silicone Joint Sealant E Material Test Method Test Requirement As'Supplied = ASTM D 1475 Specific Gravity ........ ........ -1.26-1.34 _ ASTM C 1183 Extrusion Rate, (Type S� mL/minute,minimum 50 } 'r CTM 0098 Skm Over Time, 4 minutes,maximum,. 60 CTlv1 U208Non-Volatile Content;.minimum 96r Upon Complete Cure ASTM D 4i2„ Elongatpnr;°fie nummum �:.; 1400 »t _ modified : }'to _. - _ ASTM D 53;29 Joint Modulus:of 50%<Eiongation1, (Section 9� psx(kl�a),maxuum 7(49) rnocltfied) Joint Modulus at 100%Elongation', psi'(kPaj,-maximum .......... 8(56) .:Joint Modulus at 150%Elongation', gsi;(kPa);maxunur 9.(62) ASTM D,,5.32-9., Adhesion to Asphalt/Concrete', (Section 9, elongation modified Performance h ASTM C 719 Movement, 1'0_cycles:.; .� at 100/-50% No failure ASTM C 793 Accelerated.Weathenng, at 5,00.0 hours :........ :...;:No cracks _ blisters or bond loss 'Sample cured 21 days at 77°+/-2°F(25+/-1°C)and 50+/-5%relative humidity.Proper joint design and preparation are necessary for maximum performance. - NOTE:Specification writers should contact Dow Corning before writing specifications on this product.Dow Corning's Application Guide Specification for Dow Corning 890-SL Self-Leveling Silicone Joint Sealant has been written to cover many applications.For more detailed product information,please contact your local Dow Corning representative, 33 the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 130 calendar 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 $210 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 injury, 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 iniury 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 beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor 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 FOUR HUNDRED SEVENTEEN THOUSAND THREE HUNDRED THIRTY AND NO/100.............................................................................................Dollars,($417,330.00). _ 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 day of ,A.D.,2005. SEP 0 6 2005 -- REC ME D CITY OF FORT WORTH BY: DIRECTOR,DEPARTMENT OF CITY MANAGE ENGINEERING APPROVED: od < 1� Marc A. tt,AssLtdnt City N er TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: Westhill Construction,Inc. PO BOX 2016 Cleburne,TX 76031 CONTRACTOR , CITY SECRETARY (SEAL) ( � -acqj Contract Au---tthoL i zatioa BY: Date ,.. TITLE P0 gbh' APPROVED AS TO FORM AND �. C",,,Jen LEGALITY: ADDRESS ASST I ATTORNEY November 1960 Revised May 1986 T Revised September 1992 PROJECT DESIGNATION SIGN 41 - 011 4., kv0RTW0RTH*--- PMS 288 PMS '167 3" x , 311 ET MAI NT CE a3 . PROGRAM O 3" �- 1�1/2� Contractor: 2'1/2 Contractor's Name , /2 1'/2" TELEPHONE NUMBER 1s'/2" FORT WORTH IN LOGO- CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS= FORT WORTH - PMS 288 LONGHORN LOGO- PMS 167 w am �. 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WO ` i a cn 0 J I� a a a o U LLJ L, �I N O Q W(-) z \ F U) D - W C \� v W J U o L I p Nw v o v WN OZ � k o U O W N � ^ W cn a n o•� V O oa cu 3� co �} w Q 3 0 Q� W r N9 R+ U 20 m0 ic c�� y oW~aw m �� ,,,u, �y LLJ MN z wo N N H a Z U Z @AWN m= Q m<< ,y 9A- m00 _ `P' � 2 ?MUS p �-LLJ eJl M=JQ ( :4kF-11a W — i � J J ��► MANHOLE WATER VALVE -a— 1/Z W TYP 4.0' M H 2.0' W V 'ExP/1Ns�oN ' r J 8 - #4 BARS TYP. PLACED MIN 3" BELOW SURFACE �• 3 TYP. • � l 1 ^f � . F�C�h11S�cnra j o --�— o MKT PVMT PVMT BASE_— • .�' �,.' — BASE I GRADE RINGS AND i RAM NECK L CONCRETE COLLAR HEIGHT VARIES 1. ALL CONCRETE USED SHALL BE 300 0 PSI. Z. CONCRETE COLLAR SHALL EXTEND TO THE BOTTOM OF BASE'(MIN.). 3. CONCRETE COLLAR SHALL BE: a) 4' x 4' for MANHOLE b) Z' x Z' for WATER VALVE. CONCRETE COLLAR for MANHOLE and,WATER VALVE NTS February 1993 CONCRETE RESTORATION (2005-21) Blk Limits Project Name Limits Procedure Quantity CD Map 100 ALTAMESA BLVD @ SOUTH FWY CR 160 SY 6 91X 1000-1999 ALTAMESA BLVD 500'W OF HEMPHILL ST-CROWLEY RD CR 94 SY 6 104D 2800-2899 ALTAMESA BLVD BRAMBLE DR-WOODBEACH DR CR 54 SY 6 104B 500 E ALTAMESA BLVD @ WILL ROGERS BLVD CR 700 SY 8 91Y 1000 E ALTAMESA BLVD @ 1310'E OF WILL ROGERS BLVD CR 87 SY 8 91Y 3700-4399 BASSWOOD BLVD N RIVERSIDE DR-N BEACH ST CR 1289 SY 4 36N 5400 BASSWOOD BLVD @ PARK VISTA BLVD CR 45 SY 4 36Q 4200 BIRCH CREEK RD @ 4200 BIRCH CREEK RD CR 35 SY 4 36E 6700-6779 BRIDGE ST BRIDGEWOOD DR-EAST LOOP 820 CR 80 SY 4 66S 3704 BROKEN PINE TRL @ 3704 BROKEN PINE TRL CR 50 SY 4 35M 4300-7199 BRYANT IRVIN RD SOUTHWEST BLVD-DIRKS RD CR 449 SY 3 88H 12812-12817 CHITTAMWOOD TRL 12809 CHITTAMWOOD TRL-12817 CR 233 SY 5 55U 'F CHITTAMWOOD TRL 1120-1129 E DAGGETT AVE E VICKERY BLVD-75'E OF E VICKERY CR 140 SY 8 77G BLVD 1000-1199 EASTCHASE PKWY JOHN T WHITE RD-ANDERSON BLVD CR 650 SY 4 67T 15151 FAA BLVD @ 15151 FAA BLVD CR 100 SY 5 56M 15200 FAA BLVD @ FLEETWOOD RD CR 20 SY 5 56R 2700 HARTWOOD DR @ LYNNCREST DR CR 56 SY 3 75V 4837 ISLAND CIR @ 4837 ISLAND CIR CR 63 SY 4 36K 500 MEACHAM BLVD @ GOLD SPIKE DR CR 67 SY 2 48P 2350 MEACHAM BLVD @ MARK IV PKWY CR 54 SY 2 49P 7400-7499 OAKMONT BLVD HARRIS PKWY-BRYANT IRVIN RD CR 150 SY 3 88U 4800-4999 OVERTON RIDGE S HULEN ST-RIVER RANCH BLVD CR 374 SY 3 89N BLVD 4599 S POLARIS DR @ MEACHAM BLVD CR 120 SY 4 49Q 3100-3499 RIVERPARK DR RIVER BEND BLVD-SOUTHWEST CR 240 SY 3 88C — BLVD 7600-7799 N RIVERSIDE DR STAGHORN CIR S-OLD DENTON RD CR 68 SY 4 35Q 4400-4499 SANDSHELL DR FLAGSTONE DR-N BEACH CR 75 SY 4 50E ST 4400-4499 STONEGATE BLVD S HULEN ST-W DEAD END CR 54 SY 9 75U 3700-4399 N SYLVANIA AVE E LONG AVE-MCMILLAN PKWY CR 414 SY 2 49V Wednesday,June 22,2005 2:28 PM Transportation and Public Works Page l of 2 Infrastructure Division Blk Limits Project Name Limits Procedure Quantity CD Map 4500-4599 N SYLVANIA AVE POLARIS DR-MEACHAM BLVD CR 75 SY 2 49Q 14900 TRINITY BLVD @ CAMBRIDGE RD CR 94 SY 5 56V 6950 W VICKERY BLVD @ ROCKMOOR LN CR 75 SY 3 89B R 1960 WESTERN CENTER @ 1960 WESTERN CENTER CR 27 SY 2 34Z BLVD 3600-4499 WESTERN CENTER N RIVERSIDE DR-N BEACH ST CR 293 SY 4 36W BLVD 10116-10199 WHITE SETTLEMENT N FLAXSEED IN-N CHAPEL CREEK CR 373 SY 7 58X RD BLVD Total Square Yards for Contract CR2005-21 6,858.00 Wednesday,June 22,2005 2:28 PM Transportation and Public Works Page 2 of 2 Infrastructure Division