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Contract 32304
CITY SECRETARY D.O.E. FILE SPECIFICATION C0NTRACTOR'S BONDING CO. AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS' LENT DEPARTMENT CITY cECRETARY FOR CONTRACT NO. H.M.A.C. SURFACE OVERLAY (2005-18) - AT VARIOUS LOCATIONS .� IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4887 TPW PROJECT NO. GS93-020930522790 Jr. CIP 60/40 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, P.E. , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. , DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION = OF ��•e e g e 11 11 w� % • ee•: Y'�� - ������ EXHIBIT A s * � Ci ��r ����e^ /.e��s�e/�{e�Ley/e�e sNs e�eee.esa� V \uq� �eeeseeii" eine."— ��ee•ae� MIA TEX. • 86823 � • s R`GINAL 3,/a�/oma SECRETARY /640 i SEC V r ol. FILE SPECIFICATION M :'-?Iw;RACTOR'S BONDING CO: AND `4F-,N STRUCTION'S COPY '� DEPARTMENT CONTRACT DOCUMENTS. LI F , 5C OR . , H.M.A. C. SURFACE OVERLAY (2005-18) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4887 TPW PROJECT NO. GS93 -020930522790 Jr. CIP 60/40 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, P . E. , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P .E. , DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISIONOF= r fee EXHIBIT "A° ;' ' off ff t I 1 JI�; ' ' } ♦ t : . t LN 88823fit • 3/,gyp/oS WW FoRiWowni W .,.. XFWNet.ar9 "oone I Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS I IT Online I Departments Print M&C COUNCIL ACTION: Approved on 8/9/2005 -Ordinance No. 16541-08-2005 DATE: 8/9/2005 REFERENCE NO.: **C-20899 LOG NAME: 30HMAC 2005-18 9000DE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract with Peachtree Construction, Ltd., for H.M.A.C. Surface Overlay 2005-18 at Various Locations RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$266,944.50 from the Water& Sewer Operating Fund to the Water Capital Project Fund in the amount of$226,931.00 and Sewer Capital Project Fund in the amount of$40,013.50; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Water Capital Project Fund in the amount of$226,931.00 and the Sewer Capital Project Fund in the amount of $40,013.50, from available funds; and 3. Authorize the City Manager to execute a contract with Peachtree Construction, Ltd. in the amount of $476,757.00 for 110 working days for H.M.A.C. Surface Overlay 2005-18 at various locations. DISCUSSION: In the FY2004-2005 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. H.M.A.C. Surface Overlay 2005-18 at various locations provides for street surface and base rehabilitation, replacement of failed curb and gutter, sidewalk, and driveway approaches for asphalt streets at various locations. The proposed street improvements will be constructed after the replacement of water and/or sewer mains under a separate contract. The cost for the proposed street improvements will be shared equally (50/50) between the Transportation and Public Works Department and the Water Department. Following is a summary of the streets included in this project: Street Name From To Sandage Avenue West Drew Street West Bolt Street Rector Avenue SW Loop 820 Sr. Road Rutland Avenue Merida Avenue West Boyce Avenue Bilglade Road Pate Drive Baylor Street Quail Lane Marsalis Street Beach Street Maxine Street The City 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 on March 24 and 31, 2005. On April 28, 2005, the following bids were received: Bidders Amount Time of Completion _ Peachtree Construction, Ltd. $476,757.00 110 Working Days JRJ Paving, L.P. $481,305.75 JLB Contracting, L.P. $481,671.00 APAC-Texas, Inc. $543,475.00 Peachtree Construction, Ltd. is in compliance with the City's M/WBE Ordinance by committing to 48% M/WBE participation. The City's goal on this project is 20%. In addition to the contract cost, $16,646 (Water: $14,180.00; Sewer: $2,466.00) is required for inspection and $11,920 (Water: $10,130.00; Sewer: $1,790.00) is required for project contingencies. This project is located in COUNCIL DISTRICTS 3, 4, 5, 6 and 9. FISCAL INFORMATION/CERTIFICATION: Finance Director certifies that upon approval and completion of recommendation one, and adoption of the attached appropriation ordinance, funds will be available in the current budget, as appropriated, of the Water and Sewer Capital Projects Fund and the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)PW53 472045 060330175660 $226,931.00 1)PE45 538070 0609020 $226,931.00 1&2)PS58 472045 070580175670 $40,013.50 1)PE45 538070 0709020 $40,013.50 2)PW53 531350 060530175660 $14,180.00 3)PW53 539120 060530175660 $202.621.00 2)PW53 539120 060530175660 $212,751.00 3)PS58 539120 070580175670 $35,757.50 2)PS58 531350 030580175670 $2,466.00 3)GS93 541200 020930522790 $238,378.50 2)PS58 539120 070580175670 $37,547.50 _ Submitted for City Manager's Office by. Marc Ott(8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker(6157) ATTACHMENTS 30HMAC 2005-18.pdf - 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 6 counterparts, each of which shall be deemed an original, this 9TH day of August, A.D. 2005. ATTEST: Peachtree Construction, Ltd. (S E A L) Contractor Secretary Name: J. Barry Clark Title: President Travelers Casualty And Surety Company ATTEST: Of America (S E A L) Surety - IA KY //l� -� By: i Secre Name: Corrie Scott Title: Attorney-In-Fact 4021 Hwy 377 South Fort Worth, TX 76116 Address DATE(MMIDDNYYY ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 08/15/2005) PRODUCER 817-737-4943 FAX 817-737-4947 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frank Siddons Insurance Fort Worth HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4021 Hwy 377 South Fort Worth, Tx 76116 INSURERS AFFORDING COVERAGE NAIC# INSURED Peachtree Construction, Ltd. INSURERA: Travelers Lloyds Insurance Co. 5801 Park Vista Cir. INSURER B: Travelers Indemnity Co. of Conn. Keller, TX 76248 INSURER C: Great American INSURER D: Phone: 817-741-4658 Fax: 817-741-4648 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. NSR ADD'A TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY DT-CO-8225A589-TLC 06/30/2005 06/30/2006 EACH OCCURRENCE $ 1,000,000 kXPer MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE �OCCUR MED EXP(Any one person) $ 5,000 A Project Aggr. PERSONALSADVINJURY $ 1,000,000 U Coverages GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO JECT LOC AUTOMOBILE LIABILITY CAP-8225A577 06/30/2005 06/30/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY ALTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY TUU6627683-01 06/30/2005 06/30/2006 EACH OCCURRENCE $ 5,000,000 X OCCUR F1 CLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND UB-0014C224 06/30/2005 06/30/2006 X WC STATU- 0TH- I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,00 0 SPECIAL PROVISIONS below OTHER a DESCRIPTION OF OPERATIONS/LOCATIONS/VE ICLES/EXCLUSIONS ADDED BY ENDQRSEMENT/SPECJAL PROVISIONS Irolect: HMAC Surface Overlay( 2005-18) at Various Locations Project No. : GS93-020930522790 :ertificate holder is named as an additional insured on general liability and auto liability with a waiver of subrogation on general liability, auto liability and workers compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 [AUTHORIZED REPRESENTATIVE teven Siddons LSCOTT ACORD 25(2001/08) FAX: (817)871-8092 ©ACORD CORPORATION 1988 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR H.M.A.C. SURFACE OVERLAY (2005-18) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4887 PROJECT NO. -GS93-020930522790 2005 Aolmihm 2 A. DOUGLAS RADEMAKER, P.E. S• ATE DIRECTOR, DEPARTMENT OF ENGINEERING 4 � GEORG$ , P.E. DATE ASSISTANT DIRECTOR TRANSPOR TION AND UBLIC WORKS DEPARTMENT DOO KIM, .E. ATE ENGINEERING MANA ER 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. Notice of Construction 16. Details 17. Soil reports 18. Street Locations 19. Valley Gutter Locations NOTICE TO BIDDERS Sealed proposals for the following project: H.M.A.C. SURFACE OVERLAY (2005-18) AT VARIOUS LOCATIONS DOE Project No. 4887 TPW Project No . GS93-020930522790 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M. , April 28, 2005 and then publicly opened and read aloud at 2 : 00 P.M. Plans, Specifications and 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, 76102 . A pre-bid conference will be held at 9 :00 A.M. , April 7, 2005 in the Department of Engineering - Wet Weather Section Conference Room, 900 Monroe Street, 2nd floor, Gordon Swift Building. One set of documents will be provided to prospective bidders for a non-refundable fee of twenty dollars ($20.00) . Additional sets may be also purchased for a fee of twenty dollars ($20 .00) per set. The documents can be purchased at the front desk of Department of Engineering 1000 Throckmorton Street, 2nd floor, Municipal Building. For additional information contact Mr. Riad I. Nusrallah, P.E. , at (817) 392-2347 . Charles R. Boswell A. Douglas Rademaker, P.E. City Manager Director, Department of Engineering PUBLICATION: By: to" March 24, 2005 Tony Sholola, P.E. , March 31, 2005 Engineering Manager, DOE IF", 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 3F 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 will be 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 as 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. am 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. .. 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 approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be ^ 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 - 1 - rr 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 ("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 ... 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 price 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 •• 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, 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 .r 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 Am 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 .. 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. an 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: I. 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- .. 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. A► 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 mess 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 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 bums Ultra Low Sulfur Diesel(UCSD), diesel emulsions,or alternative fuels such as CNG. ."r 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. ,R 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 food/beverage 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. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends .. during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- Ma Jft (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. 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. 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 durilig 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 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. •r "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 4M 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 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 a SPECIAL INSTRUCTIONS TO BIDDERS - 11 - CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $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 P R O P O S A L TO: MR. CHARLES BOSWELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: H.M.A.C. SURFACE OVERLAY (2005-18) AT VARIOUS LOCATIONS DOE PROJECT NO. 4887 TPW PROJECT NO. GS93-020930522790 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 fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering 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 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, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project Designation Sign @ Two Hundred Dollars & No Cents Per EA. $ 200.00 $ 400.00 S.P. 2 LUMP SUM Utility Adjustment @ Six Thousand Dollars & No Cents Per L.S. $ 6,000.00 $ 6,000.00 406 3 8 EA. Manhole Adjustment @ 450 Three-Hundred and Fifty Dollars S.P. & No Cents Per EA. $ 350.00 $ 2,800.00 406 4 14 EA. Water Valve Boxes Adjustment @ 450 Two-Hundred and Fifty Dollars & S.P. NO Cents Per EA. $ 250.00 $ 3,500.00 P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 5 1 EA. Water Meter Boxes Adjustment Thirty-Five Dollars & No Cents Per EA. $ 35.00 $ 35.00 104 6 10,400 L.F. Removal and Replacement of 502 Concrete Curb and Gutter @ S.P. SEVV�JDollars & pWl'y Cents Per L.F. $ 1-1 S• $ 180 00 104 7 765 S.Y. Removal and Replacement of 6" 504 Concrete Driveway S.P. T}1IQ,TY= 0444T Dollars & Na Cents Per S.Y. $ edo $ 2.9 -10'0 0 1 104 8 50 S.Y. Removal and Replacement of 4" 504 Concrete Sidewalks @ S.P. _n11 QT` _FIVE Dollars & N• Cents Per S.Y. $ 3SW $ ' 1So.C)o t 300 9 10 C.Y. Removal and Replacement of 304 H.M.A.C. Pavement and 312 Base (Base Repair) @ S.P. &xe HVNCQFpi E(4&" Dollars & t,.lv Cents Per C.Y. $ 160 2 $ 60(aw i 208 10 10 C.Y. Graded Crushed Stones @ S.P. T Et-;"- HVE Dollars & f_$00 Cents Per C.Y. $ 2S"' $ 2 So.00 S.P. 11 10 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ 4P^1E V1 WPaE01i'T►IIaTyDollars & Md Cents Per L.F. $ 130 *30 * $ (,300, as S.P. 12 1 EA. Butt Joint-Milled @ 1:1r-T{cW 1414-dD9ED Dollars & $ $ Na Cents Per EA. I S00 Y J I SOC• OQ 300 13 1 TON H.M.A.C. Level-Up @ 312 1. lwt Ty Dollars & 1.1a Cents Per TON $ 50?' $ 5 p,00 P-2 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 312 14 20,900 S.Y. 2"H.M.A.C. Surface Course S.P. (Type "D" Mix) @ FIVE Dollars & $ $ 'TWENI`(-�1ti�lr Cents Per S.Y. r, Z S IWQ 3S2.00 104 15 10 S.Y. Removal and Replacement of 7" 314 Concrete Valley Gutter @ S.P. S%XT-/ Dollars & Np Cents Per S.Y. $ (O e $ / CO 314 16 320 S.Y. New 7" Concrete Valley Gutter @ S.P. 1-1FTY- s%x Dollars & N+ Cents Per S.Y. $ s� $ 1�.9Lopv T 104 17 10 S.Y. Standard 4" Reinforced Concrete 505 Wheelchair Ramps @ S.P. r�o2Ty Dollars & Na Cents Per S.Y. $ 40W $ 400.Q0 402 18 800 L.F. 6" PVC Perforated Pipe 500 Subdrain @ 620 SE-vt t-) Dollars & S.P. Na Cents Per L.F. Qq $ 1 $ S 00-010 502 19 1,800 L.F. New Concrete Curb and Gutter @ Dollars & N� Cents Per L.F. $ 8 $ ,344o0.00 504 20 10 S.Y. New 4" Concrete Sidewalk @ '-Wj M'1►- N!#—E Dollars & IJd Cents Per S.Y. Z I g $ Z90.00 214 21 20,900 S.Y. 8" Pavement Pulverization @ S.P. -r,-Ajo Dollars & #,Jq Cents Per S.Y. $ Z er $ 41,8uv.00 214 22 270 TON Cement @ OIC. f4'VIJDe1D4?1110rfDollars & Nja Cents Per TON $ 1304' $ 3S, 1oo,«;' S.P. 23 3 EA. Remobilization @ Five Hundred Dollars & No Cents Per EA. $ 500.00 $ 1,500.00 P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 106 24 10 C.Y. Unclassified Street Excavation S.P. rV 121`/ Dollars & p.Jw Cents Per C.Y. $ 300, no TOTAL BID $ 416116-7. 00 P-4 This contract is issued by an organization which qualifies for exemption pursuant to the provisions 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 and Ten (110) Working Days ..-from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within Ten (10) Calendar 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 Sh A H VV Wr 610 Dollars ($ ) 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 given by the Construction Engineer for any of the 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. I (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) PEACHTREE CONSTRUCTION,LTD. Addendum No. 2 (Initials) Compare Addendum No. 3 (Initials) By: Signal Xe � _� J.BARRY CLARK Printed Name of Principal Address- 6801 PARK VISTA CIR. KELLER,TX 76248 (Seal) email address: 1Do�a�IL•ptaf�+-1'f'tCCon,coM Date: 4-2 5-D S Telephone: 817-741-4658 P-5 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. Our principal place of business or corporate offices are in the State of Texas. Bidder: PEACHTREE CONSTRUCTION,LTD. J.BARRY CLARK Company By: (Please print) - 5801 PARK VISTA CIR_ _ Address Signature KELLER,TX 76248 PRESIDENT City State Zip Title(Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION i 05-05-05P03 : 04 RCVD ATTACHMENT 1A Page 1 of 4 FORT WORTH - r City of Rort Worth _ Subcontractors/Suppliers Utilization Form _ PRIME COMPANY NAME: Check applicable block to describe prime ���� �� ®/1 �rJC�`'��A✓!, L�"� MNV/DBENON-MNV/DBE PROJECT NAME: BID DATE City's MNVBE Project Goal: Prime's M BE Project Utilization: PROJECT NUMBER G-593-0.�o93os=o2a790_ - 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 Managing Department.on,or-before 5:00:p,m.fve (§j.City:business days.of#er.bid.Apening, 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 MNVBE 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/WBEs 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. ..TW is the: level. of. subcontracting,below the prime contractor, .1e., :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 i ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. 16 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(MMBE). A6 If hauling services are utilized, the.prime will be givencredit as long as the MNVBE 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.frm, including M/WBE:owner-operators, .and receive full MNVBE credit. :The M/WBE may lease. trucks froril_non-MN1/BEs,:including..owner-operators, :but will only receive credit for:the Fees and commissions earned ib the:MNVBE as outlined ri the lease-agreement. i Rev.5/30/03 V i 05-05-05P03 : 04 RCVD ATTACHMENT 1A FORTWORTH Page 2 of 4 e 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 N. ''� SUBCONTRACTOR/SUPPLIER T (check one) n. Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount i-- telephone/fax— T D W E E R 0 C T E ` A --- ------- -----------— _ 7- Con51talCSf/o Co h c " e/ /LXZ1 UJ.C(G6Jffxe,eY r5. CV r-4 r D 768: 7S 65-ljee C-r6-JIz ,,1 k: 7603(, ;rq7- zf6ar Ott-37 4x /Roadll f a 0. acs 79380 PJl,�n ;��, Y7,2,581.d o 5 ;row Tr, 760 -OA, ;1"? �2e a 4:z'4:z' a„ - 84''7-�8� / X17-84.7—�04'$ A-PAC,Tekp-s ,A s �t/�- �O.BoX yoct8- �s /° ��, 74(.6 �ti /mss ,72r `'72- 0 Rev.5/30/03 i ATTACHMENT1A FORT W1 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) SUBCONTRACTOR/SUPPLIER T Company Name i N T Detail Detail Address e M W C X f:: Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fa- r T D . - lz E E C T E. A �1 I �i Rev.5/30/03 i ATTACHMENT 1A FORTWORTH 05-05-05P03 :04 RCV0 Page 4of4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 30, 768-, 7-5- Total (g-, 7STotal Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, deletions;or-substitutions.:to this,.certified list without the,prior approval of the Minority.and ;Women Business ,Enterprise.1 Office .Manager or. designee through the submittal..of .a Request for Approval of Change/Addition., :Any unjustified.change:or.deletion. shall be.a material breach.of contract and..irlay:result:in.'debarment:in.accord.:withthe.p.roceduresoutlined in the ordinance. The contractor shall.submit a..detailed:explanation;,pf how.the.:rgquested.changeladd tion 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 MAV/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and 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. G__ j• -' 'Trr C. 141--k Autho ed Signature Printed signature �. Pre5 ioCe lfi DOE VI-d Title Contact NamelTitle(if different) PIP -e.-- Cove S t ruC-e t 0* PA Z C/7- 74//- lv&58 �8/7- 7Y1-Z& Company Name Telephone and/or Fax 5W I Avr-L V s fiC, Cir, o��,rgAI.--Cd-p fire,—_ ct)n .c_0wi Address E-mail Address ii Clty/atatemp Date VA- Rev.5/30/03 SPECIAL PROVISIONS Table of Contents 1. SCOPE OF WORK .... .. .. .... .... . . . . .. . . .. .... . . . . . .. .. . . . . . . . ... . .. ..SP-1 2. AWARD OF CONTRACT.. ... ... . .. . . .. .. . . . . ...... . . . . . . . . . . . . . . . . . ... . . ..SP-2 3. EXAMINATION OF SITE .. . ... . . .. .. . . . . . . ..... . .. .. . .. .. . .. . . .. .. . . .. ..SP-2 4. BID SUBMITTAL...... . .. .... . . . . .. . . . . .. .. .. . . .. . . . .. . .. . . . . . . .. . . .. ..SP-2 5. WATER FOR CONSTRUCTION. .. . .. .... . ... .. .... . . . . . . . ... . . . . .. . . .. . . .. ..SP-2 6. SANITARY FACILITIES FOR WORKMERS.. . . . . .. ... . . . . . ... . . .. . .. . . . . .. .. ..SP-2 7. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC.. . . . . . . . .. . . . . . . .SP-2 8. WAGE RATES.. . ... ... ... ... . .. .. .. . . .. . . .. .. . . . . .. . .. .. . . . . . . . . . . . . . .. SP-3 9. MATERIAL STORAGE..... . ... . .. . . . . . .. . . . .. .... . . .. . .. . . . . . . . . . . ..... .. SP-3 10. PROTECTION OF EXISTING UTILITIES.. . . . ... ... . . . . . . . . . . . . . . . . . . . . . .... SP-3 11. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS. . . . ... . . . . . . . . . . . . . . . .. SP-3 12. EQUAL EMPLOYMENT PROVISIONS. .. .. . . . . .. . .... . . . . . . .. . . . . . . . . . . . . . . . .. SP-3 13. MINORITY AND WOMENS BUSINESS ENTERPRISE(M/WBE) COMPLIANCE. . . . . . .. . .. SP-4 14. WORKING DAYS .. . . .... ... . . . .. . .. . .. .... .. . . . . . . . ... . .. . . . . . . . . . .. .. SP-5 15. EARLY WARNING SYSTEM FOR CONSTRUCTION... ... . . . . . ... .. . . . .. . ... . . .. .. SP-5 16. RIGHT TO ABANDON ..... .... .. . . . . .. . . . . .. .. .. . . .. .... . . . . . . . . ... . .. .. SP-6 17. CONSTRUCTION SPECIFICATIONS . . . . . . . . . . .... . . . . ... . . . . . . . . . . .. ..... SP-6 18. MAINTENANCE STATEMENT .... ... . .. . . . . .. .. .... . . . . ... .. . . . . . . . . .. .. . .. SP-7 19. TRAFFIC CONTROL .. . . . . ... . . . . . . . . . . . . . .... . . . . . . . .. . . .. . . . . . . . . . . . .. SP-7 20. PUBLIC NOTIFICATION. . . . . . .. . .. . . . . . . . . ... . . . . . . .. . .. . . .. . . . . . . . ... SP-8 21. PAYMENT. . . . . . . ... . . . . . . . .. . . . . .. . . . . . . .. .. . . . . . . . ... . ... .. . . . . . . . . .. SP-9 22. DELAYS. . . . . . . . . . .. . . . . . .. . . ... . . . . . . .. . . .. . . . . . . ... . . . . . .. . . . . . . .. . . SP-9 23. DETOURS AND BARRICADES .. . . . .. . . . ... .. .. . . . . . . . . 4.... . . . .. . . .. . . .. .. SP-9 24. DISPOSAL OF SPOIL/FILL MATERIAL . . .. . . .. . . . . . . .. . .. . . . . . . . . . . . . . . ... SP-9 25. FINAL CLEAN UP.. . . 4... ... . . . . . . . . . . . . . .. ... . . . . . .. . . . . . . . . . . . . . . .. . SP-10 26. CONTRACTOR'S COMPLIANCE WITH WORKER`SCOMPENSATION LAW. . . . . . . . . . .. . . SP-10 27. SUBSTITUTIONS. .. . . . . . . . . . . . . .. .. . . . . . . . . . . .. .. . . ... . . . . . . . . . . .. . .. . SP130 28. PROPERTY ACCESS . . .. . . . .. . . . . . .. . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . .. . . SP-14 29. CONSTRUCTION SCHEDULE .... ... . . . . . . . .. . . . . . . .. .. . ... .... . . . . .... . . . SP-14 30. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES . . . . . .. . . . . . . .. . SP-14 31. RIGHT TO AUDIT . .. . . .. . .. . . .. . . . . . . . . . .. . .. . .. . . ... . . .. . . . . . .. . . . . . SP-15 32. CONSTRUCTION. . .. . . . . .. . .. . .. . . .. . . . . . . . . . ... . . . . . ... . .. . . . . . . . . . . . . SP-15 33. AIR POLLUTION WATCH DAYS. . .. . . .. . . . . . . .. .. . . . . . . . .. . . .. . . . . ... . . .. . SP-15 SPECIAL PROVISIONS FOR:H.M.A.C. SURFACE OVERLAY (2005-18) AT VARIOUS LOCATIONS DOE PROJECT NO. 4887 TPW PROJECT NO. GS93-020930522790 1. SCOPE OF WORK: The work covered by these details and specifications consists of the removal (only) of all existing traffic buttons, removal and replacement of existing concrete curb and gutter and driveways and existing base repair and the addition of a new surface layer of H.M.A.C. for those streets designated as Mill Overlay (MOL) . For those streets designated as Pulverized Overlay (POL) , the work consists of the same removal and replacement items as described above, surface & base rehabilitation of existing pavement with cement and the addition of a new surface layer of H.M.A.C. These items are described in the Special Provisions of these specifications. 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. These streets will have water/sanitary sewer line replacement by others prior to any pavement work. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any of the 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. 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. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. All short cul-de-sac streets and turnouts that intersect with a street to be repaired shall be included in this contract, even though they may not be listed on a Work Order due to their size. The contractor shall mill, clean, apply tack coat, overlay and adjust facilities. 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 SP-1 bidding on and awarding the contract. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. 3. EXAMINATION OF SITS: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During 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. 4. BID 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. 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 Department of Engineering. Affected contractors will be notified in writing of a recommendation to the City Council. 5. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 6. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 7. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". SP-2 8. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached) . 9. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property Owner. 10.PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. ll.CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: 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 City, 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 City, its officers, servants, or employees. Contractor .likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City 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 City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed 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. 12.EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer SP-3 who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 13.MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission 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 statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission' of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBS participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBS Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT) , Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBS subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor SP-4 or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBS subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. c. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 14.WORKING 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 Construction of the City of Fort Worth, Texas. 15.EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the SP-5 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 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. 16.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. 17.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 SP-6 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 item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 18.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. 19.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 @817-392-8770 at leastl0 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 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. SP-7 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 Day" with substantial use of motorized equipment. 20.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 flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted three (3) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared .-on the Contractor's letterhead and shall include the following information: Name of Project, DOE No. , Scope of Project (i.e. type of construction activity) , actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after- hours phone number. A sample of the `pre-construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. 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 flyer of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or flyer shall be posted twenty-four (24) prior to the temporary interruption. The flyer shall be prepared on the contractor's letterhead and shall include the following information: Name of the project, DOE number, 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. A sample of the temporary water service interruption notification is attached. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being SP-8 distributed. The contractor shall not be permitted to proceed with interruption of water service until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be obtained from the Construction office at (817) 871-8306. All work involved with the notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. 21.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. 22.DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City 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. 23.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". 24.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 SP-9 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. 25.FINAL CLEAN-IIP: Final cleanup work shall be done for this project as soon as the work has been completed. 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. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 26.CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification 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's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on SP-10 the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-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 services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 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) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one ear thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. SP-11 h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, 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. 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 form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (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 4ertificate of coverage ends. during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7) , with the certificates SP-12 of coverage to be provided to the person for whom they are providing services. j . By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's 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 identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 27. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is SP-13 used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. 28.PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 29.CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 30.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) INES."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. 3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co.) which will erect temporary mechanical barriers, de- energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. 4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or SP-14 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) . 31.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. i 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. 32.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.) . 33.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 SP-15 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 equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD) , diesel emulsions, or alternative fuels such as CNG. 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. NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 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 - REMOVAL OF TRAFFIC BUTTONS AND TEMPORARY LANE TAPE: All traffic buttons shall be removed from the existing asphalt surface before resurfacing begins. The contractor shall be responsible for the removal of all buttons. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.) . All costs to the contractor shall be figured as subsidiary to this contract. NON-PAY ITEM NO. 3 - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. SP-16 The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. 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 ONCOR Electric: Downtown 817-215-6424 Mr. Scott Ring Other than Downtown 817-215-6688 Mr. Robert Martinex Oncor Gas: 817-215-4306 Mr. Roger Oliver CFW Street Light and Signal 817-392-8100 Mr. Dwayn Cox Mr. Roger Martin Storm Drain 817-392-8100 Mr. Gordon Couch Water & Sewer 817-212-2649 and Mr. Kristian Sugrim 817-925-2271 817-212-2642 and Mr. Scott Neystel 817-994-8663 Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON-PAY ITEM NO. 4 - STORM DRAIN INLET PROTECTION: SP-17 All pulverization and overlay streets with storm drain inlets shall use inlet protection for sediment control, in accordance with the Standard Specifications for Public Works Construction-North Central Texas. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON-PAY ITEM NO. 5 - CRACK SEALING: All cracks that develop after completion of the street resurfacing and until the end of the 2-year warranty period shall be crack sealed with asphalt cement AC-20, as per the Standard Specifications for Street and Storm Drain Construction-City of Fort Worth. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. PAY ITEM NO. 1 - 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 3/4" 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 construc- tion. 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 pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the SP-18 work. PAY ITEM NO. 2 - 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's 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 adjust- ments. PAY ITEM NO. 3 - 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, a $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. SP-19 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. 4 - WATER VALVE BOXES ADJUSTMENT: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. 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, a $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. PAY ITEM NO. 5 - WATER METER BOX ADJUSTMENT: This item only apply when the adjacent curb and gutter has been determined to be removed and replaced as directed by the Engineer. The adjustment shall include raising or lowering the existing water meter box to the proper grade. 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. 6 - REMOVAL AND REPLACEMENT OF CONCRETE CURB AND GUTTER: These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and gutter and pavement prior to removal. Included, and figured subsidiary to this unit price, will be the required SP-20 sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul-off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. Type "D" mix (Polymer Modified Asphalt Cement PG 70-22) as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", specification Item No.300 "Asphalts, Oils, and Emulsions", and CFW Standard specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc. damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY-ITEM NO. 7 - REMOVAL AND REPLACEMENT OF 6" CONCRETE DRIVEWAYS: This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul- off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S=S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. PAY-ITEM NO. 8 - REMOVAL AND REPLACEMENT OF 4" CONCRETE SIDEWALK: This item shall include the removal and replacement of existing concrete Sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". The unit price bid per square yard shall be full compensation for all SP-21 labor, material, equipment, supplies, and incidentals necessary to complete the removal and replacement work. PAY-ITEM NO. 9 - REMOVAL AND REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE: The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with Type "D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. The Type "D" mix shall consist of• a Polymer Modified Asphalt Cement PG 70-22 as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", Item No. 300 "Asphalts, Oils, and Emulsions", and CFW Standard Specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY-ITEM NO. 10 - GRADED CRUSHED STONES: This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stone. SP-22 For specifications governing this item see Item No. 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY-ITEM NO. 11 - WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE: 1. Description This item shall consist of milling the existing pavement from the lip of gutter at a depth of 2" and transitioning to match the existing pavement (0" cut) at a minimum width of 51 . The existing pavement to be milled will either be asphalt, concrete, or brick pavement. The removal and disposal of the milled materials shall be as directed by the Engineer. The milled surface shall provide a smooth surface free from gouges, ridges, oil film, and other imperfections of workmanship and shall have a uniform textured appearance. In all situations where the existing H.M.A.C. surface contacts the curb face the wedge milling shall include the removal of the existing asphalt covering the gutter up to and along the face of curb. The wedge milling operations for this project will be performed in a continuous manner along both sides of the street. Details of milling locations are at the back of this document. Contractor is required to begin the overlay, within five (5) calendar days from the date of the wedge milling completion of any one street. Should the contractor fail to meet this condition, the wedge milling will be shut down, and liquidated damage of $500.00 per day per street will be assessed until all wedge milled streets are overlayed. The overlay, once begun on a street shall continue uninterrupted until complete. The Contractor shall haul-off the removed material to a suitable dumpsite. 2. Equipment The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five-foot minimum width. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc.) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall SP-23 be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern specified under Surface Texture. The unit price bid per linear feet shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY-ITEM NO. 12 - BUTT JOINTS - MILLED: Description: This item requires the contractor to mill "butt joints" into the existing surface, in association with the wedge milling operation (PAY ITEM NO. 11) to the depth and at locations as described below. The butt joint will provide a full width transition section, whereby the new overlay shall maintain constant depth at the point the new overlay is terminated and the new surface elevation matches the existing pavement. The construction activities, performance standards and equipment needed for the butt joints milling operations shall be governed by the special provisions of Pay Item No. 11 - Wedge Milling. The configuration of the butt joints is described in more detail below. General details of butt joint locations - along with wedge milling in general - are shown in plan form at the back of this document. Construction Details: Prior to the milling of the butt joints, the contractor shall consult with the construction Engineer for proper location of these joints and verify that the selected limits of the projects street are correct. The general locations for butt joints are at all beginning and ending points of streets listed in the project and as more graphically detailed at the back of this specification book. The joints are also required on both sides of all railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. Each butt joint shall be 20 feet long and milled out across the full width of the street section to a tapered depth of 211. This milled area shall be tapered within the 20 feet to a depth from 0" to 2" at a line adjacent to the beginning and ending points or intermediate transverse items. This butt joint - when overlayed - will consist of an asphalt section that will transition the new overlay to match the existing pavement elevation. The contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. Measurement and Payment: SP-24 Butt joints as prescribed above, will be measured by the unit of each butt joint milled. The disposal of excess material involved will not be measured for payment. Each butt joint-milled, measured as above, complete-in place-in accordance with these specifications, will be paid for at the unit price shown in the proposal for "Butt Joints". The unit price bid per each shall be full compensation for all milling, including material haul-off, tools, labor, equipment and incidentals necessary to complete the required work. PAY-ITEM NO. 14 - 2" H.M.A.C. (TYPE "D" MIX) POLYMER MODIFIED ASPHALT CEMENT SURFACE COURSE: The Type "D" mix shall consist of a Polymer Modified Asphalt Cement PG 70-22 as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", Item No. 300 "Asphalts, Oils, and Emulsions", and CFW Standard specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. City of Fort Worth Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 15 - REMOVAL AND REPLACEMENT OF 7" CONCRETE VALLEY GUTTER: This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field by the Construction Engineer. Removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details, shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 SP-25 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314 "Concrete Pavement". Asphalt base material may be required at times as directed by the Engineer to expedite the work at locations identified in the field. The Type "D" mix shall consist of a Polymer Modified Asphalt Cement PG 70-22 as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", Item No. 300 "Asphalts, Oils, and Emulsions", and CFW Standard specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY-ITEM NO. 16 - NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field by the Copstruction Engineer. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. SP-26 The asphalt transition areas, as required, shall be Type "D" mix and shall consist of a Polymer Modified Asphalt Cement PG 70-22 as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", Item No. 300 "Asphalts, Oils, and Emulsions", and CFW Standard specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314, "Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the Contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY-ITEM NO. 17 - NEW 4" STANDARD WHEELCHAIR RAMP: This item shall include the construction of standard concrete wheelchair ramps at various locations to be determined in field by the Construction Engineer. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 6 (Removal and Replacement of Curb and Gutter) . Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR- 1) . The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. The asphalt tie-ins shall be Type "D" mix and shall consist of a Polymer Modified Asphalt Cement PG 70-22 as per TxDOT Specifications for "Construction and Maintenance of Highways, Streets, and Bridges", Item SP-27 No. 300 "Asphalts, Oils, and Emulsions", and CFW Standard specification Item No. 304 "Prime Coat" and Item No. 312 "Hot Mix Asphaltic Concrete" and compacted to standard City densities. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER) . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied. for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. PAY-ITEM NO. 18 - 6" PERFORATED PIPE SUBDRAIN: This item shall consist of furnishing and installing 6" perforated subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ratio of 35 (SDR35) and meet the ASTM D 1784. Filter fabric shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or nonwoven to form a mat of uniform quality. Fabric fibers may be either continuous or discontinuous and oriented in either a random or a aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have nonravelling edges. The fabric shall meet the following requirements when sampled and tested in accordance with the methods indicated: Test Original Physical Method Requirements Properties SP-28 Fabric weight, on an ambient SDHPT Test Method Tex- 4.0 minimum for temperature air-dried tension 616-J"Testing of under drains and free sample, expressed in Construction Fibers" Slope Stabilization, oz/sq. yd. 6.0 minimum for Gabions Revetment Water flow rate by falling Tex-616-J 80 minimum head method, 7.9 inches (20 cm) to 3.9 inches (10 cm) on 2 inch ID cylinder with 1 inch diameter orifice, with flow rate expressed in gal/sq. ft/minute. Breaking load in either ASTM Designation: D 100 minimum machine or cross-machine 1682 grab method G as direction, expressed in modified by Tex--616-J pounds. Equivalent opening size (US CW-02215, IIS Army 70 to 100 Standard sieve no.) Corps of Engineers, Civil Works Construction Guide Specification. "Plastic Filter Fabric", Nov. 1977. "Apparent elongation" at ASTM Designation: D 100 maximum breaking load in either 1682 grab method G as machine or cross-machine modified by Tex-616-J direction, expressed as percent. The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, as indicated or as directed by the Engineer. .When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the Filter Fabric shall be done in such a way as not to damage the Filter Fabric material during the placement. The unit price bid per L.F. shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. PAY-ITEM No. 21 - 8" PAVEMENT PULVERIZATION: Contractor shall pulverize the existing pavement to a depth of 811. After pulverization is completed, contractor shall temporarily remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from the existing pulverized surface. After the undercut operation is SP-29 s completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 3.5% portland cement shall be used to mix the pulverized material. If the existing pavement has a combination of 10" H.M.A.0 and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. Pulverization shall start within (ten) 10 calendar days after all concrete work has been completed on a street. 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. After the pulverized material is cured, the contractor shall overlay it with 2" H.M.A.C. surface within five (5) calendar days. If the contractor fails to begin the work within five (5) calendar days, a $200 dollars liquidated damage will be assessed per block per day. The unit price bid per square yard shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. The 2" H.M.A.C. surface will be paid by separate item. PAY-ITEM NO. 23 - REMOBILIZATION: This item shall compensate the Contractor to remobilize personnel, equipment, supplies, and material to perform an additional work as directed by the Engineer. Remobilization will be considered when concrete "Flat-work" has been completed, personnel and equipments were demobilized, and the street is clean and ready for the overlay. Remobilization shall be determined by the Engineer. Any Remobilization without the approval of the Engineer will not be compensated. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY-ITEM NO. 24 - UNCLASSIFIED STREET EXCAVATION: This item will be used if additional excavation is needed that is not covered by Pay Item No. 21 - "8" PAVEMENT PULVERIZATION". Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade & City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply, work shall be paid per cubic yard. SP-30 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 pa jects 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 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: H.M.A.C.SURFACE OVERLAY 2005-18 AT VARIOUS LOCATIONS PROJECT NUMBER: GS93-020930522790 IS TO CERTIFY THAT: Peachtree Construction,Ltd. �. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ 3 Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. 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. Agency Insurance Company: Fort Worth Agent By x Address Title ACORDM CERTIFICATE OF LIABILITY INSURANCE 08/15/2005 PRODUCER 817-737-4943 FAX 817-737-4947 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & 5 Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frank Siddons Insurance Fort Worth HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4021 Hwy 377 South Fort Worth, Tx 76116 INSURERS AFFORDING COVERAGE NAIC# INSURED Peachtree Construction, Ltd. INSURERA: Travelers Lloyds Insurance Co. 5801 Park Vista Cir. INSURERS: Travelers Indemnity Co. of Conn. Keller, TX 76248 INSURER c: Great American INSURER D: Phone: 817-741-4658 Fax: 817-741-4648 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. INSR ADD'W TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY DT-CO-8225A589-TLC 06/30/2005 06/30/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 300,000 CLAIMS MADE F—X]OCCUR MED EXP(Any one person) $ 5,000 A X Per Project Aggr. PERSONAL&ADV INJURY $ 1,000,000 X XCU Coverages GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY CAP-8225A577 06/30/2005 06/30/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY TUU6627683-01 06/30/2005 06/30/2006 EACH OCCURRENCE $ 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 C S DEDUCTIBLE $ X RETENTION $ 10,001 $ WORKERS COMPENSATION AND UB-00140224 06/30/2005 06/30/2006 X I WC STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS IOCATIONS I VE ICLES/-EXCLUSIONS ADDED BY END.ORSEMENT I SPECIAL PROVISIONS Project: HMAC Surface Overlay 2005-18) at Various Locations Project No. : 0593-020930522790 Certificate holder is named as an additional insured on general liability and auto liability with a giver of subrogation on general liability, auto liability and workers compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rockmorton Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Steven Siddons LSCOTT ACORD 25(2001/08) FAX: (817)871-8092 ©ACORD CORPORATION 1988 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.4887 and City of Fort Worth Project No. GS93- 020930522790. CONTRACTOR Peachtree Construction, Ltd. By:� Gam- Name: J.BARRY CLARK Title: PRESIDENT .,a Date: S- STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared J.BARRY CLARK , 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 Peachtree Construction. Ltd. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this l8 day of AU G• , 20 aS Not lic in and for the Stat of Texas CHERYL.A.HOHENBERGER ` Notary Public,State of Texas y My Comm.Expires July 30,2008 sr'rE of�+p