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Contract 33606
uK�Y SER�i 1 4°� CSS CITYETARY FORTWORTH CONTRACT . NO No. Y SZC�E O ,gyp '9T wOR-Tm� L}'O.E. FILE ` SPECIFICATIONS CONTRACTOR'S BONDING C AND �ONTRACT DOCUMENTS CONSTRUCTION'S Copy - FOR PLAYGROUND RENOVATIONS AT: _ATATION,HULEN MEADOWS AND WEDGWOOD PARK PROJECT NAME PROJECT NUMBER D.O.E.NO. FIRE STATION C280/541200/809480025280 5214 HULEN MEADOWS C280/541200/806480025380 5215 WEDGWOOD C280/541200/806480025680 5216 IN THE CITY OF FORT WORTH TEXAS MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER RANDLE HARWOOD,ACTING DIRECTOR PARKS AND COMMUNITY SERVICES PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY .._ CITY OF FORT WORTH OFFICIwI RIENJ 2004 CAPITAL IMPROVEMENT PROGRAM ��� U� � ADDENDUM #1 Playground Renovations at: Fire Station, Hulen Meadows and Wedgwood Park January 19, 2006 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO PREVAILING WAGE RATES Replace Prevailing Wage Rages. Refer to aftached. END OF ADDENDUM#1 Bid Opening Date: February 16, 2006 Acknowledge the receipt of this Addendum on your Proposal. By: �✓"!► Carlos Gonzalez r ect Manager Release Date: January 19, 2006 ClassificationsHourl Rates Classifications HRts Air Tool Operator $10.06 Scraper Operator $11.42 As halt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 As halt Paving Machine Operator $12.78 Tractor operator, Crawler T e $12.60 Batching Plant Weigher $14.15 Tractor operator, Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 Bulldozer operator $13.22 Truck Driver-Single Axle(Light) $10.91 Gar nter(Rough) $12.80 Truck Driver-Single Axle He $11.47 Concrete Finisher-Paving $12.85 Truck Driver-Tandem Axle Semi-Trailer $11.75 Concrete Finisher-Structures $13.27 Truck Driver-Lowboy/Float $14.93 Concrete Paving Curbing Mach.O er. $12.00 Truck Driver-Transit Mix $12.08 Wagon Drill, Boring Machine, Post Hole Concrete Paving Finishing Mach.O er. $13.63 Driller $14.00 Concrete Paving Joint Sealer O er. $12.50 Welder $13.57 Concrete Paving Saw O er. $13.56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader O er. $14.50 Concrete Rubber $10.61 Crane,Clamshell, Backhoe,Derrick, Dra line Shovel $14.12 Electrician $18.12 Fla er $8.43 Form Builder-Structures $11.63 Form Setter-Paving&Curbs $11.83 Foundation Drill Operator,Crawler Mounted $13.67 Foundation Drill Operator,Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9.18 Laborer-Utility $10.65 Mechanic $16.97 Miffing Machine Operator, Fine Grade $11.83 Moser Operator $11.58 Motor Grader Operator Fine Grade $15.20 Motor Grader Operator, Rough Oiler $14.50 Painter,Structures $13.17 Pavement Marking Machine O er. $10.04 Pipe Layer $11.04 Roller Steel Wheel Plant-Mix Pavements $11.28 Roller,Steel Wheel Other Flatwheel or Tamping $10.92 Roller Pneumatic,Setf-Propelled Scraper $11.07 Reinforcing Steel Setter(Paving) $14.86 Reinforcing Steel Setter Structure $16.29 Source is AGC of Texas (Hwy,Hvy, Utilities Industrial Branch) www.access.gpogov/davisbacon/ 1/172006 "ftM�`1J�G1 i TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 5. CITY OF FORT WORTH PREVAILING WAGE RATES/WEATHER TABLE 6. VENDOR COMPLIANCE TO STATE LAW 7. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 8. PROJECT DESIGNATION SIGN 9. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-Summary of Work SECTION 01135-Contract Time SECTION 01140-Alternatives SECTION 01150-Payment To Contractor SECTION 01300-Submittals SECTION 01400-Quality Control SECTION 01410-Testing SECTION 01500-Temporary Facilities and Controls SECTION 01640-Product Options SECTION 01700-Project Closeout SECTION 01800-Contractor's Responsibility for Damage Claims DMSION 2-SITE WORK Section 02200-Site Preparation Section 02140-Site Underdrains Section 02300-Earthwork Section 02537-Engineered Wood Fiber Playground Surfacing Section 02860-Playground Equipment Section 02870-Site Furnishings Section 02930 Seeding DMSION 3-CONCRETE Section 03300-Cast-in-Place Concrete DMSION 7-THERMAL&MOISTURE PROTECTION Section 07920-Caulking and Sealants 11. CERTIFICATE OF INSURANCE 12. BIDDER'S STATEMENT OF QUALIFICATIONS 13. PERFORMANCE BOND 14. PAYMENT BOND 15. MAINTENANCE BOND 16. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: FIRE STATION PARK C280 / 541600 /805480004280 5214 HULEN MEADOWS PARK C280/ 541600 / 808480004680 5215 WEDGWOOD PARK C280/ 541600 / 808480004580 5216 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Division Office until 1:30 p.m., Thurs., February 16, 2006 and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2"d floor— N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of$50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. All Bidders will be required to comply with Provision 5159a of Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 1. Minority/Women's Business Enterprise Participation Goals In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received 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 (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2"d floor, City Hall, and shall obtain a receipt in person. Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of MWBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non-responsive. The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall. Services/materials for this project are as follows: demolition/site prep clearing/grubbing grading/earthwork sodding concrete seeding steel rebar site furnishings earthwork The City's minimum M/WBE goal on this project is 16% of the total dollar value of this - contract. 2. Prime Bidder Qualification Requirements - The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications- Special - Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub-contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by . an independent Certified Public Accountant. • The Prime Bidder shall perform with its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder Qualifications submitted to the Parks and Community Service Department Project Manager must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. 3. Bid Addendum Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by - contacting the Project Manager. 4. Pre- Bid Conference - A pre-bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 2 on Tuesday February 7, 2006 at 9:00 a.m. _. 5. AWARD OF CONTRACT The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids are opened. The award of contract, if made, will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RANDLE HARWOOD, ACTING DIRECTOR CHARLES R. BOSWELL PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY By: Carlos Gonzalez, Pr ct Manager (817) 871- 5734 Thursday January 19, 2006 Thursday January 26, 2006 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud,the proposals 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. 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 Wroximate 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 Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item G in the Proposal.) 4. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Community Services Department shall evaluate and recommend to the City Council the best bid based on the combined benefits of total SPECIAL INSTRUCTIONS TO BIDDERS -I- bid price and number of contract days allotted, as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen,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 in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time, found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas. 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 Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01700-Project Closeout, Item 1.02. In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance shall be provided to the City as outlined in the Notice To Bidders. 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 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 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General Provisions, Item 8, Paragraph 8.6, Standard SRecifications for Street and Storm Drain SPECIAL INSTRUCTIONS TO BIDDERS - -2- Construction of the City of Fort Worth,Texas,concerning liquidated damages for late completion of projects. 7 EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29)prohibiting 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. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project, the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs/Grants Management Division,Finance Department at (817) 871-8365 or 871-8387 9. FINANCIAL STATEMENT: A current certified financial statement shall be provided to the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in determining the successful bidder. This statement 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 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. 15530,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 MEB/WBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture 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 the bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project,the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office,regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a "0" or"no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. _ • The Contractor shall provide the M/WBE Office proof of paMent to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR — 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis,the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal,state clearly how — and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval,the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the Y 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. PROTECTION OF TREES PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs,trees,etc., shall be preserved or restored, after completion of the work,to a condition equal or better than existed prior to start of work. By ordinance,the Contractor must obtain a permit from the City Forester before any work(trimming,removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-Of-Way and designated alleys. This permit can be obtained by the Forestry Office at 871-5705. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus,all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning_paint. This is the only instance when pruning paint is recommended. 14. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors to be used by the bidder in the performance of this project shall be required to demonstrate experience necessary to successfully perform the proposed scope of work. The Prime Bidders' specific(1) experience, (2) stability and (3)history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in the Notice To Bidders and as noted in the specifications for the purpose of evaluating the Prime bidder/subcontractors qualifications. B. PRIME BIDDER/SUBCONTRACTOR QUALIFICATIONS 1. Demonstrate experience as either general or sub-contractor on a minimum of three(3)projects similar in scope within the last three (3) years. 2. Provide listing of surety company(s)which issued bonds for previous projects identified as demonstrated experience. _ 3. Provide name of surety company to be used for this project. 4. Provide a current certified financial statement as prepared by an independent Certified Public Accountant. 5. Name and qualifications for the site superintendence of the work. 6. Identify at least 50%of work which is to performed by the Prime Bidder with its own organization and work crews under its superintendence. 7. All sub-contractors intended for use on this project shall also demonstrate similar project scope experience (three similar projects in scope within las necessary to successfully perform their respective portion of work � 1'�P 0 CIT1.1SPECIAL INSTRUCTIONS TO BIDDERS P. � , TEX 8. Submittal of Letters Of Intent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such Letters of Intent to the City no later than five(5)working days upon being recognized as the overall qualified bidder by the City. Should the Prime Bidder subsequently desire to substitute a subcontractor,the Prime Bidder shall notify the Project Manager in writing along with Letter Of Intent and experience qualifications for approval prior to commencement of construction. — The documentation required herein shall be received by the Project Manager of the Parks and Community Services Department no later than five(5)City business days after the bid opening date, exclusive of the bid opening date. Recommendation of award of contract shall be contingent upon the Bidder and/or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. — If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project,that firm should be specified in your response. For each firm included in the joint venture,please provide the information required above. Under the Contract executed for this work the City will require your firm to be completely 100 percent responsible for fulfilling all — aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were employees or subcontractors of your firm. Other than those firms noted in the — contract as a part of the joint venture,no other firms will be allowed to participate in the joint venture without written consent from the City. B. PLAYGROUND INSTALLATION AS PRIME PROJECT SCOPE 1. For projects in which the construction of playground area is the prime scope of _ work,bidders must be able to demonstrate the following. Failure to adequately demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non—responsive. 2. The prime bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three(3)playground facilities within the immediate past three(3)years for the state of Texas or other municipalities within the Dallas/ Fort Worth metroplex, such work to have included grading, sub surface drainage, _ playground perimeter concrete edging, equipment and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. 3. If the prime bidder has not performed work for the state of Texas or municipalities within the Dallas/Fort worth metroplex,the bidder may still be considered if it has completed three (3)park playgrounds within the last three (3) years for private entities which included work as noted in B.1. 4. The prime bidder in addition shall provide information that discloses or — demonstrates the following: SPECIAL INSTRUCTIONS TO BIDDERS -8- a. Name and qualifications for the site superintendence of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically,the Ozone Alert season within the Metroplex area runs from May through September,with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission(TNRCC) in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days,the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However,the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. 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 Ozone Alert Day,that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81,TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing, hauling, or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. SPECIAL INSTRUCTIONS TO BIDDERS -9- 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: (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; _ SPECIAL INSTRUCTIONS TO BIDDERS -10- _ (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (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. The providing of false or 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 terminated if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: SPECIAL INSTRUCTIONS TO BIDDERS -11- REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related Y 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." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS - 12- PROPOSAL MR. Charles R. Boswell City Manager Fort Worth,Texas PLAYGROUND RENOVATIONS AT: FIRE STATION PARK: C280/541200/ 808480004280 - DOE No: 5214 HULEN MEADOWS PARK: C280/541200/808480004680 - DOE No: 5215 -- WEDGWOOD PARK: C280/541200/808480004580 - DOE No: 5216 cant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor, equipment, ,aterials necessary to fully complete all the work as provided in the plans and specifications,and subject to the ction and approval of the Parks and Community Service Department Director of the City of Fort Worth. approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual .ted quantities on non lump sum items. Additionally,the Contractor shall be aware that the Proposal contains both Sum and Unit Price items, lowest bid received exceeds the funds budgeted for the project,the City reserves the right to decrease the quantities ,ined in any line item or to eliminate any specific line items before award of the contract in order to bring the work i budget. By submitting a bid,the bidder acknowledges the City's right to adjust or eliminate line items prior to the of contract. Further, by submitting a bid,the bidder agrees to honor each line item bid price without recourse to the in the event line items are adjusted or eliminated. acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish, if applicable, ,rmance,Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the nrk within the time stated and for the following sums,to-wit: BASE BID APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL I QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID One—Fire Station Park IEA Installation of Project Designation Sign @ Dollars & Cents per EA $ 5D IOD $ U ILS Demolition and Removal of Existing Playground Equipment, Safety Surfacing, Concrete Walk, Concrete Edging and Picnic Station(sheet 2 of 10) @ Dollars& Cents per LS $ Lump Sum $ 3,�Iso, 66 PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL FlITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID rr�rr���. r rr��.i r ■ ,��rr.�.,r rrrrr� 3. 1 LS Excavation/Grading(sheet 3 of 10)@ Dollars& CO Cents per LS $ Lump Sum $ ()y ' 4. 1190 SF Installation of Concrete Landing/Walk(5" depth)(sheet 3 of 10)@ .. Dollars& 1 Cents per SF $ 3,5D $ 41 I U5,W N .. 5. 268 LF Concrete Mow Strip(sheet 4 of 10)@ Dollars& Cents per LF $ o` ,a •56 $ It 1Q30.0D 6. 1 EA HC accessible Ramp(sheet 10 of 10)@ Dollars& Cents per EA $ $ r~ 7. 1 LS Installation of Safety Surfacing Material w/ Wear Mats(sheet 10 of 10)@ Dollars & Cents per LS $ Lump Sum $ 8. IEA Specified Play Structure Installed(sheet 4 Of 10)@ Dollars& _ Cents per EA $ 361 /c7� $ 35)� C� 9. IEA Specified Spring Animals Installed (sheet 4 of 10)@ Dollars& Cents per EA $ '115-Cb $ 9-75 ,VV 10. 1 EA Specified Buck-A-Bout installed (sheet 4 of 10)@ Dollars & Cents per EA. $ 1,6y ,1D$ 11W) -UD 11. 1 EA Specified Two(2)Bay Swing Installed(sheet 4 of 10)@ Dollars& -- Cents per EA $ 35 $ 3,a gs.GV 12. 1 LS. Sub Drain/Outfall Installation (sheet 6 of 8)@ Dollars& �-1 wCon Cents per LS $ Lump Sum $ \`t PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID VIM Unit One Total $ ��•„�...�`� J - .921 /3� Unit Two—Hulen Meadows Park = 1 1. 1 EA Installation of Project Designation Sign @ Dollars& Cents per EA $ 0 5D c W $ '?56. 2. 1 LS Demolition and Removal of Existing Playground Equipment, Safety Surfacing, Concrete Walk, Concrete Edging and Concrete Curb(sheet 2 of 10)@ Dollars& Cents per LS $ Lump Sum $ P r bcf 6 6 'OD 3. 1 LS Excavation/Grading(sheet 5 of 10) @ Dollars& Cents per LS $ Lump Sum $ 34 156 •iz 4. 1510 SF Installation of Concrete Landing/Walk(5” depth)(sheet 5 of 10) @ Dollars& _ Cents per SF $ J J�(J $ g5� 5. 258 LF Concrete Mow Strip(sheet 6 of 10)@ Dollars& Cents per LF $ o�o� -S() $ 5i �U5 . 00 6. 2 EA HC accessible Ramp (sheet 10 of 10) @ Dollars& L 'l, D,� Cents per EA $ �� • V(/ $ �vV 0 7. 1 LS Installation of Safety Surfacing Material w/ Wear Mats(sheet 10 of 10) @ Dollars& Cents per LS $ Lump Sum $ GQ, 5w , 00 8. 1 EA Specified Play Structure Installed sheet 6 Of >� y 10)@ Dollars& Cents per EA $ 35 !-7$0 $ 351 (� 1 5 , - , PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID ., 9. 2 EA Specified Spring Animals Installed (sheet 6 of 10)@ Dollars& •. Cents per EA $ q-7,�;l $ 10. 1 EA Specified Two(2)Bay Swing Installed (sheet ..� 6 of 10) @ Dollars& Cents per EA $ 2� 9%5 IVlJ $ CZ 11. 1 LS. Sub Drain/Headwall Installation(sheet 10 of 10)@ .. Dollars& Cents per LS $ Lump Sum $ �,, Unit Two Total $ 1 Unit Three—Wedgwood Park 1. I EA Installation of Project Designation Sign @ _ Dollars& Q� '` j Cents per EA $ ps'V-CO $ 1 2. 1 LS Demolition and Removal of Existing Playground Equipment, Safety Surfacing, Backstop,Concrete Ramp, Concrete Curb and Concrete Walk. (sheets 7 of 10)@ Dollars& Cents per LS $ Lump Sum $ 3. 1 LS Excavation/Grading(sheets 8 of 10)@ Dollars& Cents per LS $ Lump Sum $ 4. 1005 SF Installation of Concrete Walk(5"depth) sheet 8 of 10 ( )@ Dollars& _ �S1 "50 Cents per SF $ -3 , 5J 0 $ 3 5. 500 SF Installation of Concrete Landing(5"depth) (sheet 8 of 10)@ Dollars& _ Cents per SF $ Sy $ -7 5 0, CD s PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 71 w r ■ wwrr� r r..r i - 6. 54 LF Concrete Playground Mow Strip(sheet 8 of 10)@ Dollars& ^^^^ Cents per LF $ Ord 5 $ 11 ptrj 1 on 7. 12 LF Concrete Street Curb sheet 8 of 10 Dollars& Cents per LF $ l�5-w $ 190, (� 8. 2 EA HC accessible Ramp(sheet 7&10 of 10)@ Dollars& /1 h Cents per EA $ $ 11-706, 60 9. 1 LS Installation of Safety Surfacing Material w/ Wear Mats(sheet 10 of 10)@ Dollars& Cents per LS $ Lump Sum $ Sot5- W, .�.— 10. 1 EA Specified Play Structure Installed(sheet 9 Of 10)@ Dollars& Cents per EA $ 33j YI $ �JcJi 11. 1 EA Specified Spring Animals Installed (sheet 6 of 10) @ Dollars& !�1 T7 5_ Cents per EA $ q _j W $ i CO 12. 1 EA Specified Buck-A-Bout Installed(sheet 4 of 10)@ Dollars& ( /,, 7� Cents per EA $4!� $ rr (pa). oz) 13. 1 EA Specified Two(2)Bay Swing Installed(sheet 9 of 10) @ Dollars& Cents per LS $ Lump Sum $ 14. 1 LS Sub Drain/Headwall Installation(sheet 10 of 10)@ Dollars & Cents per EA $ Y,ovd, 0) $ Ll[00 . d) i Unit Three Total $ 3 s� a –Y PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ■Q_Y PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit Four—Fire Station Park Bid Alternates 1. 1 LS Installation of Two 6' Benches with a 101 SF Concrete Pad (sheet 3 of 10)@ Dollars& Cents per LS $ Lump Sum $ 2. 1 LS Removal of Existing Picnic table and Purchase and Instal] one 8' HC Table and one ., 6' Picnic Table (sheet 3 of 10)@ Dollars& Cents per LS $ Lump Sum $ �� I L4./ 13. 2 EA Installation of 6' Bench with a 5'X 12' Concrete Pad(sheet 3 of 10)@ 0♦ 01- Dollars Dollars& Cents per SF $ D $ eo Unit Four Total �'��' $ , Unit Five—Hulen Meadows Park Bid Alternates 1. 2 EA Installation of 6' Park Benches(sheet 5 of 10) @ Dollars& Cents per EA $ 7Wi db $ � 2e �, � � (� r 12. 1 LS Installation of 6' Park Benches with a 30 SF Concrete Pad(sheet 5 of 10) @ Dollars& Cents per LS $ Lump Sum $ 3. 1 LS Installation of one 8' HC Table and 200 SF of Concrete Slab. (sheet 5 of 10) @ Dollars& " Cents per LS $ Lump Sum $ l �i 4. 2 EA Installation of 6' Park Bench with a 5' x 12' Concrete Slab. (sheet 5 of 10)@ Dollars& Cents per EA $ ,Q Q M $J, L4D i Unit Five Total �T r PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL _I ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Unit Six–WedEyvood Park Bid Alternates 11. 1 LS Installation of two 6' Park Benches and one 8' HC table (sheet 8 of 10)@ Dollars & Cents per LS $ Lump Sum $ 1 2_0, 2. 1 LS Installation of two 6' Park Benches with an 135 SF Concrete Pad (sheet 8 of 10)@ .. Dollars& Cents per LS $ Lump Sum $1 3. 500 SF Installation of Concrete Walk(sheet 8 of 10)@ Dollars& Cents per SF $ 315b $ It Sb,M 14. 1 LS Remove two Existing Tables and Replace them with two 6' Picnic Tables.(sheet 8 of 10) @ Dollars& Cents per LS $ Lump Sum $ 11 5. 1 LS Specified Platform Whirl Installed (sheet 9 of 10 Dollars& Dollars&LS $ Lump Sum — $ Unit Five Total $ 60 BID-RECAPITULATION i nit One–Total Base Bid Cost for Fire Station Park $ � nit Two–Total Base Bid Cost for Hulen Meadows Park $ "71 L55 , Cx nit Three–Total Base Bid Cost for Wedgwood Park 4�f� $ 1 Q L1 208'i Irotal Base Bid $ 7 99 Enit Four–Total Alternate Bid Cost for Fire Station Park $ VO nit Five–Total Alternate Bid Cost for Hulen Meadows Park $ + Ulm Unit Six–Total Alternate Bid Cost for Wedgwood Park $ - Total Alternate Bid �`� 3�7��$ _ J Iota]Base Bid and Alternate $� �U A, This contract is issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act. B. The Contractor performing this contract may purchase,rent or lease all materials,supplies,equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax,said exemption certificate complying with State Comptroller's ruling tax,said exemption certificate complying with State Comptroller's ruling#95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling#95.09 as amended to be effective October 2, 1968. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278,as amended by City ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. U. The undersigned agrees to complete all work covered by these contract documents within Fift Five(55)Working Days after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the 2002 AGC North Texas Construction Industry Survey.Contract time incorporates playground equipment/delivery time and is to run concurrently with site construction to be performed prior to receipt of equipment and subsequent ~I installation. E. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will j deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of$ Dollars($___j 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 applicable bonds are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. —` Receipt is ereby acknowledged of the following addenda: No, No.2 No.3 No.4 lespectfidly submitted, mpany N e) 7r Ty( uthorized Sign e) Tate: ?. / 4Qrp Address: & a)( /` 7i2 2 Telephone: l f?7 SEAL(if corporation) Page 1 of 4 FORT WORTH -w. „► City Of Fort Worth 2-23-0bP01 05 RCVD Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME:Epif� : Check applicable block to describe prime ki,ox14 - " 5�o,41 G—tl OIL/ X] MNU/DBE NON-MAV/DBE � PROJECT NAME: /�����,�GO� S G'� �i BID ATE �t�Zc©e� /�u w1UlE�bor�5 �1�0l u�r,�io 1P,ge� ,06� o City's MNVBE Project Gobi: Prime's M/WB5 Project Utilization: PROJECT NUMBER D.o.E 5z14J0W0) 551(- 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. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into 'a formal agreement with the M/WBE 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 MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business In the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered Ist tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including:M/WBE.owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including'owner-operators; but will only receive credit for the fees and commissions earned b the M/WBE as outlined in the lease agreement. Rev.5130/03 FORTWORTH rage z or a 02-23-06P01 : 05 RCVD Primes are required to identify ALL subconiractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification N. (check one ° SUBCONTRACTOR/SUPPLIER T n ^I N T Detail Detail Company same e M W C X m Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D W E E R O B C T E A GvwtowM �� `x 1 K 3 fin® dfd� u.- St ?6l!! (/,47M CA 6 �r f�• 0 0 r AAJP iii-64wM; i V. AAw,1 A1& j t A4*r/ f) 1�i • 33d b 514*1ZW-000 f-Bd` t-A"041 09) Z,c 75134 1*10 2'Z-4- 4 0719 g?y- Z.tid - 4 9,0b yw- Ps4.;. j P iz & P.B,&w v- 5004 0 0v;p . '~ !J su4tt,Y,e u Z46-& gyp,aco.00 0610- 4 33-0347 Z,�-o - *61 • �aG3 046 PtAywra &Rwvp , x zZsO liatrkAv,041 ozoGws, -'rX ,gam-- -7t0 - 6�<G &,->a--Seo - 9l SO A-2rk-o S�Z �Tiv l )C " P D,6oi� 5l�SG 3 VAw1441 Z•s! 1525!-�'� �o!-�G 7 -112- 2-1l- 4,4114 3D,0 0 if, n y FO1tT� WORTH 02-23-06P01 : 05 ftCVD Total Dollar Amount of M/WBE Subcontractors/Suppliers $ .4,91 4, 0, 0 C Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ WI-N 1� 01©0 _ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ Z C� , The Contragtor'will not make additions, deletions,_.or,substitutions to this certified list without the,prior approval of the Minority,. and.Women :Business �Entiarprise'.Office Manager.or..designee. through' the. submittal of a Request for.Approval.of Chan&IAddld.on: Any,unjustified change or deletion shall.be a:material breach of W contract and-may result in debarment.,in accord with the.procedures outlined in the ordinance. .The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractorstsuppliers/contractors participating on the contract that will substantiate the actual work performed by the MAW/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. C IAuthorized Signature VPrinted Signature Title Contact NanWTitle(if different) Company Name Telephone and/or Fax A 0. sae «z2 9 cvi4 3(?, 5k . Address -mall Address City/Statelzip Aate Rev.5/30/03 2002 AGC North Texas Construction Industry Wage Survey Classification Average Hourly Health & pension Vacation Total Rate Welfare Package AC Mechanical $17.55 $1.67 $0.38 $0.21 $19.81 AC Mechanical Helper $10.74 $1.70 $0.28 $0.18 $12.90 Acoustic Ceiling Installer $14.26 $0.38 $0.20 $0.15 $14.99 Acoustic Ceiling Installer Helper $10.53 $0.20 $0.14 $0.09 $10.96 Bricklayer/Stone Mason $19.29 $1.62 $0.33 $0.00 $21.24 BricklayerlStone Mason Helper $13.07 $0.35 $0.00 $0.00 $13.42 Carpenter $15.76 $1.17 $0.47 $0.36 $17.76 Carpenter Helper $11.69 $0.46 $0.27 $0.22 $12.64 Concrete Finisher $14.29 $0.40 $0.22 $0.00 $14.91 Concrete Finisher Helper $10.09 $0.20 $0.00 $0.00 $10.29 Concrete Form Builder $12.16 $0.36 $0.03 $0.02 $12.57 Concrete Form Builder Helper $8.81 $0.00 $0.07 $0.04 $8.92 Drywall Taper $13.25 $0.89 $0.68 $0.32 $15.14 14Drywall Taper Helper $8.00 $0.00 $0.25 $0.25 $8.50 Electrician $19.79 $1.88 $0.32 $0.61 $22.60 Electrician Helper $12.95 $1.59 $0.13 $0.19 $14.86 Electronic Technician $20.06 $1.31 $0.79 $1.34 $23.50 Electronic Technician Helper $12.27 $1.07 $0.79 $1.59 $15.72 Floor Layer(Carpet) $15.17 $0.60 $0.32 $0.17 $16.26 Floor Layer(Resilient) $15.94 $0.00 $0.00 $0.00 $15.94 Floor Layer Helper $11.00 $0.00 $0.00 $0.00 $11.00 Glazier $14.35 $0.92 $0.16 $0.40 $15.83 Glazier Helper $10.32 $0.85 $0.23 $0.21 $11.61 Pipe Insulator $15.05 $0.94 $0.76 $0.14 $16.89 Pipe Insulator Helper $10.12 $1.13 $0.12 $0.00 $11.37 Laborer Common $9.21 $0.54 $0.07 $0.09 $9.91 Laborer Skilled $11.59 $0.82 $0.04 OFFICIAL ROD 10i7i2002 Ciff M'1-JPf l/�-"Y G-AGC 2002 Wage Survey 2002 Building Trades 9 Y 9 2002 AGC North Texas Construction Industry Wage Survey Classification Average Hourly Health & pension Vacation Total Rate Welfare Package Lather $15.94 $0.23 $0.02 $0.17 $16.36 Lather Helper $11.12 $0.45 $0.04 $0.33 $11.94 Metal Building Assembler $14.29 $5.62 $0,99 $0.49 $21.39 Metal Building Assembler Helper $9.33 $2.60 $0.04 $0.14 $12.11 Painter $12.86 $0.89 $0.62 $0.16 $14.53 Painter Helper $8.66 $0.50 $0.31 $0.06 $9.53 Pipefitter $18.22 $1.59 $0.39 $0.41 $20.61 Pipefitter Helper $12.90 $1.72 $0.09 $0.43 $15.14 Plasterer $16.16 $0.75 $0.02 $0.18 $17.11 Plasterer Helper $9.98 $0.29 $0.02 $0.21 $10.50 Plumber $19.25 $1.53 $0.49 $0.20 $21.47 Plumber Helper $11.74 $1.18 $0.18 $0.21 $13.31 Reinforcing Steel Setter $13.00 $0.00 $0.00 $0.00 $13.00 Reinforcing Steel Setter Helper $9.31 $0:00 $0.00 $0.00 $9.31 Remediation Worker $11.75 $0.00 $0.00 $0.00 $11.75 Roofer $15.33 $0.52 $0.00 $.0.06 $15.91 Roofer Helper $10.24 $0.44 $0.00 $0.00 $10.68 Sheet Metal Worker $15.73 $1.62 $0.36 $0.29 $18.00 Sheet Metal Worker Helper $10.53 $1.38 $0.30 $0.24 $12.45 Sheetrock Hanger $13.37 $0.43 $0.12 $0.26 $14.18 Sheet rock Hanger Helper $9.48 $0.16 $0.01 $0.11 $9.76 Fire Sprinkler Fitter $17.86 $2.17 $0.91 $0.30 $21.24 Fire Sprinkler Fitter Helper $13.33 $2.18 $0.66 $0.41 $16.58 Steel Worker Structural $16.20 $1.18 $0.30 $0.15 $17.83 Steel Worker Structural Helper $11.71 $2.05 $0.51 $0.16 $14.43 Concrete Pump $17.00 1 $0.00 $0.00 $0.15 1 $17.15 Crane,Clamshell,Backhoe, Derrick, D'Line Shovel $16,07 $1.11 $0.30 $0.05 $17.53 1OR12002 G-AGC 2002 Wage Survey 2002 Building Trades 2 2002 AGC North Texas Construction Industry Wage Survey Classification Average Hourly Health & pension Vacation Total Rate Welfare Package Forklift $12.62 $0.91 $0.36 $0.05 $13.94 oundation Drill Operator $17.55 $1.23 $0.41 $0.00 $19.19 Front End Loader $13.27 $0.58 $0.00 $0.04 $13.89 Truck Driver $12.66 $0.79 $0.13 $0.11 $13.69 Welder $15.88 $0.93 $0.02 $0.21 $17.04 Welder Helper $11.25 $0.45 $0.05 $0.17 $11.92 1017/2002 G-AGC 2002 Wage Survey 2002 Building Trades 3 WEATHER TABLE AVERAGE DAYS INCHES SNOW/ICE MONTH RAINFALL(1) RAINFALL(2) PELLETS(3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 MARCH 7 2.54 APRIL 9 4.30 0 MAY 8 4.47 0 JUNE 6 3.05 0 JULY 5 1.84 0 AUGUST 5 2.26 0 SEPTEMBER 7 3.15 0 OCTOBER 6 2.68 0 NOVEMBER 6 2.03 0 DECEMBER 7 1.82 ANNUALLY 80 32.30 1 (1) Average normal number of days rainfall,0.01" or more. (2) Average normal precipitation. (3) One inch(1")or more. * Less than one-half inch(1/2"). Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport,Fort Worth,Texas,covering a period of 18 years. Latitude 32°50'N,Longitude 97°03'W,elevation(ground) 537 ft. VENDOR COMPLIANCE TO STATE LAW Section 2252.002,Texas Government Code,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 to 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 disqualify4hat 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 office is in the State of Texas. Please Check or mark with an "X" BIDDER: 6% 1� "41W By: t-, ompany (please print) G� �• _ signature: (please print) Title: �✓�. (please print) ' City/ State D& �-�v�_;V�., Zip 7Jr Zz THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VENDOR COMPLIANCE TO STATE LAW CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW y 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.5214, 5215, 5216 and City of Fort Worth Project No. C280-808480004280/C280-808480004680/C280-808480004580. CONTRACTOR Brinkman Construction By: Name: Title: O'k) t/i� ✓ Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared ebvY�' B - PrAfkS , 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 Brinkman Construction for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this f o, day of DIC. 20 Of, •� Y - DAVID MARTINEZ II NOTARY PUBLIC :ij�;i state of Texas Notary Public in and for the State of Texas {Comm. Exp. 07-22-2006 O cd 1-4 >4b � v� O >4b 0 o a� Cd • • 0 ++.j U O �O� O O > o Cd ; Cd d 75 o C 0 . 0 43 cd O U O-14 v ,O 9 'd Co O U +� 4.4 bo 0 -14 Cd � O O .T-4 0 , bq Q -� ,� o M�■� O Go 0 14 V 0 O .O > O ;-4 O U �, �, F■�h •o o 0 U o a� , Cd 0 O c� O 4 s v3 cd .14 O O ^-+ U � 0 12 DD CITE v O O O .O 000 cis � co 0 (D aA «i cid a O� ,• O O cis � •� +50 ;3bA O c� O O cis O Cis v O ,ciCis 0 a� U cis w cis 7150 O O Cid 54 cis Ol cis 4 p � 11.5Cisy H � � o a� U C I T/� CC3 rq v O Cd 0 p U W �+ .�,., O •—, O O i'' 0 O "o bA U U b Cd ' .o cd U ct3 O ,O �+ O O1-0 �-+ . v U P-4'o v O .--+ (U O cis >, � ro cd w cd0 cd cd W �V cd tp 0 C8 U O 0 v •T-+ U U -+ •� O cn cd U) v c;3 p O pO o0 -8 � l � :� may, •� 'U �-+., (cud to-o' -+ V r0 v O M U �5 Cd Ua PROJECT DESIGNATION SIGN 4'-0„ „ 1„ _F44� FoRTwolfifi 4N .6z . PMS-167 3(' 3NPro ' ect Title T .1 2N ® LINE 4 -0 • • IF NECESSARY J 3„ 1 Contractor: „ 2�`EContractor's Name_T. �2j p 1 1” FUNDED SY t 1„ 1 T 2004 CAPITAL IMPROVEMENT PROGRAM 24 T-1„ i 1�'= Scheduled Completion Date i „, 1� Year —T 2 ' Su ti • FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH-PMS 288 LONGHORN LOGO-PMS 167 LETTERING-PMS 288 BACKGROUND-WHITE PROJECT DESIGNATION SIGN BORDER-BLUE (Community Development Block Grant projects., only) - CITY OF FORT WORTH-CONSTRUCTION STANDARD DRAWING N0. DATE: 9-20-02 TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100-SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment,materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: Playground Renovations at Fire Station (Mapsco No. 78-P),Hulen Meadows (Mapsco No. 78-J) and Wedgwood Park(Mapsco No. 78-C)includes: Site/equipment demolition,site grading and installation of new playground equipment and park amenities as per construction documents. These plans and specifications were prepared by the Parks and Community Services Department. The Department of Engineering will administer the contract and furnish inspection. In addition to project performance stated above,the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth,Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in those documents are contrary to this publication,this publication shall govern. In case of conflict between plans and specifications,the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd Floor, Municipal Building,Fort Worth,Texas. The Contractor shall provide all permits and licenses and pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor shall contact the City of Fort Worth's Development-Plans Exam Section for a determination of applicable permits or variances required for this project. GENERAL REQUIREMENTS - 1 - SECTION 01135- CONTRACT TIME 1.01 PROGRESS AND COMPLETION Upon receipt of a notification letter and the executed construction contract,the Contractor shall be responsible for scheduling a preconstruction conference,which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference , a construction start date shall be established and indicated in the Notice to Proceed(Work Order) issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days allowed. If project construction exceeds the allotted contract time,liquidated damages will be assessed as stipulated in the City of Fort Worth Standard Specification for Street and Storm Drain Construction. 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. SECTION 01140 -ALTERNATIVES The City reserves the right to abandon,without obligation to the contractor, any part of the project(subject to conditions set forth in Section 01150 -Payment to Contractor) or the entire project at any time before the Contractor begins any construction work authorized by the City. SECTION 01150 -PAYMENT TO CONTRACTOR,PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor,tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the action of the elements,or from any unforeseen difficulty which may be encountered in the prosecution of the work,until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright, and for completing the work according to the plans and/or specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense,the defective parts of the construction or to replace any defective materials used in the construction, GENERAL REQUIREMENTS -2- and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1 st day and 15th day of each month that the work is in progress. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof,but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate,payment shall be based upon 85%of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. 1.04 The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage-For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of$400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work, less retainage,from the City, on each partial payment period. Payment of the retainage will be included with the final payment after acceptance of the project being complete. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seMc (1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work GENERAL REQUIREMENTS -3- as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more,then either party to the contract shall upon written request to the other party be entitled to a revised _ consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for _ any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor,that is authorized and approved by the City Engineer,will be paid for under "Change orders" made in the manner hereinafter described, and the compensation thus provided shall be _ accepted by the Contractor as payment in full for all labor, subcontracts,materials,tools, equipment and incidentals,and for all supervision,insurance,bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of"Change orders" to be selected by the City: A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. - B. Method"B". By a lump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is - commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work,plus 15 percent as described herein below, agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method"C",the actual field costs of the work will include the cost of all workmen, foremen,timekeepers, - mechanics and laborers working on said project; all used on such extra work only, plus all power,fuel,lubricants,water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds,public liability, - workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used,but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit,overhead, general supervision and field office expense, GENERAL REQUIREMENTS _ -4- and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the City Engineer access to all accounts,bills, invoices and vouchers relating thereto. 1.10 DELAYS: If delay is caused by specific orders given by the City to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however, be subject to the approval of the City Council;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. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented,it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. 1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men,materials or equipment will be allowed. _. 1.13 ACCEPTANCE AND FINAL PAYMENT: The City,upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding (1) final quantities, or(2) liquidated damages,the City shall make a progress payment in the amount that the City deems due and payable. On projects divided into two or more units,the Contractor may request a final payment on one or more units which have been completed and accepted. On delivery of the final payment,the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY: The Contractor shall be responsible for defects in this project due to - faulty workmanship or materials, or both, for a period of two (2)years beginning as of the date that the final punch list has been completed and the project accepted by the City as of the date the final punch list has been completed, as evidenced by a written _ GENERAL REQUIREMENTS -5- statement signed by the Contractor and the City. The contractor will be required to replace, at own expense, any part,or all, of this project which becomes defective due to these causes. r SECTION 01300 - SUBMITTALS Prior to construction,the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment(if applicable) and project clean-up. The Contractor shall submit to the Project Manager shop drawings,product data and samples required in specification sections. Refer to Section 01640— 1.02. SECTION 01400 -QUALITY CONTROL _ The Contractor will receive all instructions and approvals from the Director of Engineering _ and/or his assigned inspectors. The inspector will be introduced to the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or paid for. Final approval for the finished project shall be given by the Director of Engineering, City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. _ The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 -TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the _ event manufacturing certificates are requested,they shall be paid for by the Contractor. SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings,vehicles,utilities, etc., in the area where the work is being done. The Contractor shall rebuild,restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth;they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES GENERAL REQUIREMENTS -6- 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 shovel, drilling rigs,pile drivers,hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage-type guard about the boom or arm, except backhoes or dippers, and insulator links on the lift hood connections. When necessary to work within six feet of high voltage electric lines,the Contractor shall notify power company(TU Electric or the appropriate power supplier)to erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. SECTION 01640- SUBSTITUTIONS AND PRODUCT OPTIONS 1.01 GENERAL For review and approval of products to be used on this project, send submittals to: Carlos Gonzalez,Project Manager (817) 871-5734 Parks and Community Services Department 4200 S.Freeway Suite 2200 Fort Worth, Texas 76115-1499 1.02 PRODUCTS LIST A. Within five(5)Working Days from the construction contract start date,the Contractor shall submit to the Project Manager two(2)copies of complete list of all specified or approved equal products and submittals for review and approval. B. All specified manufacturer's products listed in the Equipment Schedule in the construction plans have been previously reviewed and approved in conformance to playground prototype designs approved for use in the City of Fort Worth. C. All Playground Prototype equipment specified , when applicable to the project scope(composite play structures,arch swings,buck-a-bouts, spring animals, whirls)have been designed to specific playground prototype layout designs which conform to both the Consumer Product Safety Commission(CPSC) guidelines and Americans With Disabilities Act(ADA)requirements.Non pre-approved playground equipment shall not be considered. GENERAL REQUIREMENTS -7- 1.03 SUBSTITUTIONS (Other Products-Excluding Playground Prototype Equipment) A. Submit two (2) copies of request for substitution. Include in request: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature: (1) Product description (2) Performance and test data (3) Reference standards _ c. Samples,if required. d. Name and address of similar projects on which product was used, and date of installation. _ B. In making request for substitution,the Contractor represents: 1. That the Contractor has personally investigated proposed product or method, _ and determined that it is equal or superior in all respects to that specified. 2. That the Contractor will provide the same guarantee (or better) for substituted product or method specified. 3. That the Contractor will coordinate installation of accepted substitution into work,making such changes as may be required for work to be complete in all respects. — 4. That the Contractor waives all claims for additional costs related to substitution which consequently become apparent. C. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals — without formal request submitted in accord with Paragraph 1.04. 2. Acceptance will require substantial revision of Contract Documents. 3. Substitution requests are submitted after five (5) Working Days from the date of the construction contract start date. D. Should the Contractor install any material and/or equipment which is non- — specified, failed to submit the appropriate submittals for review and did not receive approval from the City prior to installation, all such material and/or equipment shall be removed by the Contractor and install specified equipment and — /or material at no additional expense to the City. GENERAL REQUIREMENTS Y -8- SECTION 01700-PROJECT CLOSEOUT 1.01 CLEAN -UP The Contractor shall make final clean-up of the construction area,to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials,pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers,ready-mix trucks,tools, etc., shall take place in an area designated by the Parks and Community Services Department. SECTION 01800- 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 Owner, its officers, servants and employees, from and against any and all claims or suits for property loss,property damage, personal injury, including death,arising out of, or alleged to arise out of,the work and services to be performed hereunder by Contractor,its officers, agents, employees, subcontractors, licensees or invitees,whether or not any such injury, damage or death is caused,in whole or in part, by the negligence or alleged negligence of Owner, its officers,servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers,servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems appropriate,refuse to accept bids on any 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. END OF DIVISION GENERAL REQUIREMENTS -9- SECTION 02200- SITE PREPARATION PART 1 - GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment and services required for clearing and grubbing, demolition, and removal and disposal of items as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 -Earthwork B. Existing Conditions,Removal and Demolition Items. PART 2—PRODUCTS 2.01 No products are required to execute this work, except as the Contractor may deem necessary. PART 3—EXECUTION 3.01 CLEARING AND GRUBBING: A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general, clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans, all trees and shrubs of three inch(3")caliper or less (caliper is the diameter as measured twelve inches(12") above the ground) and all scrub growth, such as cactus,yucca,vines, and shrub thickets, shall be cleared. All dead trees, logs, stumps, rubbish of any nature, and other surface debris shall also be cleared. D. Buried material such as logs, stumps,roots of downed trees that are greater than one and one half inches(1-1/2") in diameter,matted roots,rubbish,and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches (24") below proposed finished grades. E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by "blading" off the uppermost layers of sod or root-matted soil for removal. SITE PREPARATION 02200 -I - 3.02 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet(3')of an en _. existing score joint,construction joint, saw joint,cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting,the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty inches (30') in length or width. 3.03 UTILITIES REMOVAL: In general,those utilities on the site that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other — parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building — foundations,fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. — 3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night, the Contractor shall be responsible to provide barriers and/or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated,materials generated by clearing, grubbing, removal, and demolition shall be known as "waste" or"spoils" and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by — earthwork operations or by subgrade preparation. Unless otherwise specified any merchantable items become the property of the Contractor. END OF SECTION SITE PREPARATION 02200 -2- SECTION 02140- SITE UNDERDRAINS PART I-GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services required to construct underdrains to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 -Earthwork. B. Section 03300 -Cast-in-Place Concrete PART 2 -PRODUCTS 2.01 UNDERDRAIN PIPE: Pipe and fittings shall be flexible,corrugated tubing manufactured of high-density polyethylene resins and conforming to ASTM Product Specifications F-405 and F-667. Drainage tubing shall be as manufactured by Advanced Drainage Systems(ADS), Inc., of Columbus, Ohio. The local manufacturing plant which will provide a list of suppliers is in Ennis,Texas-telephone(972) 878-9600. A. Perforated Pipe: Perforations shall be linear slots cut radially into the tubing wall between corrugations. Perforated pipe will be furnished complete with the Cerex nylon "Drain Guard" screen. The screen will completely surround the pipe and will have a lapped,welded longitudinal joint. B. Non-Perforated Pipe: Non-perforated pipe shall be used for collector lines which convey the water from perforated pipe to the concrete inlet or outfall. C. Fittings: All couplings,reducers,tees, ells,plugs, caps, and other fittings shall be non- perforated and shall be of the same manufacturer as the drainage tubing. A fitting shall be used at each pipe junction/termination,as appropriate. 2.02 FILTER MATERIAL: Filter material for use in backfilling trenches over and around underdrains shall consist of 1 1/2"to 2" gravel washed free of organic or other deleterious matter. 2.03 FILTER FABRIC: Filter fabric to line and lap over gravel filled subdrain trench shall be Mirafi 140N drainage fabric as manufactured by Celanese Corporation, (800)223-9811, or approved equal. PART 3 -EXECUTION 3.01 VERTICAL AND HORIZONTAL CONTROLS: A. The Contractor shall establish or shall employ a licensed surveyor to establish all lines and grades necessary for each stage of the work described herein. SITE UNDERDRAINS 02140 -1 - B. Provide blue tops for reference in dressing trench bottoms at intervals not to exceed 30 feet along the centerline of each trench. 3.02 UNDERDRAINS: Trenches for underdrains shall be dug after the subgrade is prepared. The excavation of each trench shall begin at its outlet and proceed toward its upper end. The trench must not be excavated below the proposed grade line. Trenches will be cleaned of all loose material and their bottoms will be dressed and fine graded to blue tops set as previously described. Trenches shall be lined with filter fabric and underdrain pipe shall be set on the trench bottom. All fittings shall be securely coupled and all open ends will be capped. The pipe shall be carefully covered with the gravel filter material and the filter fabric shall be lapped over the trench. Care shall be taken not to damage the pipe or its fabric filter screen. Underdrain pipe shall be connected to solid pipe joints and to outfall at the concrete structure/collar as indicated in the plans. Care shall be taken not to loosen or cave-in the trench walls. Any such damage will be excavated and will be backfilled in mechanically tamped lifts not to exceed eight inches and will be re-constructed. 3.03 SETTLEMENT: After the trench has been backfilled it shall be thoroughly soaked. This process shall be repeated two times allowing the backfill material to dry twenty-four hours before wetting again. END OF SECTION SITE UNDERDRAINS 02140 _2- SECTION 02300-EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials,equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200- Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 -PRODUCTS a 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated,within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited,conditioned,and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are _. permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for-construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL On-Site Topsoil: Topsoil shall consist of an average depth of six inches(6) of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less,than the upper six inches(6") in depth. EARTHWORK OFFICI !1 INC0,P 02300 v�T117 0EC:71G°?E A?y T. `,� ?:Thy, Ti4�L 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that(1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or(2)the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from _ specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil,select material,imported fill, or unclassified fill will be declared as _ "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. _ 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay,heavy clay, or clay balls _ 4. Rubbish 5. Construction rubble 6. Sand or gravel _ 7. Rocks,cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content,the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 -2- PART 3 -EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. - 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise,topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6")from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced(deposited)until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of earthwork(including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag,tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade,true in plane, even in gradient(slope),uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTHWORK 02300 -3- 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all _ times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction,topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as _ incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise _ indicated on the plans,excavation in solid rock shall extend six inches (6) below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be _ constructed in layers approximately parallel to the finished grade of the graded area,and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the — typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots,which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck,or similar piece of equipment weighing approximately twenty five (25)tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the — embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or — otherwise, shall be restored to approximately its original slope by blading or other methods,and,where indicated on the plans or required by the Owner,the ground surface,thus prepared, shall be compacted by sprinkling and rolling. EARTHWORK 02300 -4- D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six(6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement,the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1,the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet(2') normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not to exceed eight(8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade(e.g.,under topsoil,under concrete and asphalt pavement, under structures, etc.). Accordingly,the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%) of Standard Density ASTM D698 with plus four percent(4%) or minus two percent(20/6)percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (0) inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%)to ninety eight percent(98%) of Standard Density ASTM EARTHWORK 02300 -5- D698 with the moisture content at minus two percent(2%)to plus four percent(4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment,the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%)below optimum in the top twelve inches.(12")of the fill will require that the top twelve inches(12")of the embankment be scarified,wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired,the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION EARTHWORK 02300 -6- SECTION 02537— WOOD FIBER PLAYGROUND SURFACING PART I—GENERAL 1.01 SCOPE _ Surfacing tasks for wood fiber surfacing with drainage system includes all labor, materials and equipment necessary for, and pertinent to,the work to be done. Work will be accomplished in a thorough and workmanlike manner. The specified product will be applied strictly in accordance with the manufacturer's recommendations. 1.02 DESCRIPTION OF SYSTEM A. Wood fiber playground surfacing material to be Kiddie Cushion as provided by Living Earth Technology Co., 1808 W. Northwest Freeway, Dallas, Texas 75220, 1-800-776-8524, or approved equal. PART 2—PRODUCTS 2.01 MATERIALS A. WOOD FIBRE SURFACING 1. Surfacing shall be a mix of random-sized hardwood fibres selected from durable hardwood tree stock. Softwood fibres, standard wood chips or bark mulch will not be acceptable. 2. To allow for compaction,the following formulas must be used to determine the correct number of cubic yards: 8" deep: Sq. ft. of playground x 0.0375. Twelve inches deep: Sq. ft. of playground x 0.05. 3. Bidder will guarantee sieve analysis of wood fibre as follows: Greater than 85 percent passing 3/8" sieve. Less than 50 percent passing#60 sieve. 4. Wood fibre shall have no recycled wood from pallets or waste wood and no twigs,bark, leaf debris or other organic material incorporated within. B. DRAINAGE FABRIC I. Product used shall be FibarFelt,DuraLiner, or aproved equal polyester nonwoven engineering geotextile fabric. 2. Bidder will provide enough material to allow for 12" overlap on all seams. C. DRAINAGE MATRIX I. 4"diameter ADS perforated pipe with sock installed within the subgrade gravel trench as indicated on plans. WOOD FIBER PLAYGROUND SURFACING 02537 -I- D. WEAR MATS I. Product used shall be per playground equipment manufacturer's _ recommendation and meet ASTM F 1292-91 playground surfacing standard for a drop height not to exceed 3.5 feet. Must be installed under all swings and slides to preserve warranty. Method of installation anchorage shall be per manufacturer's recommendations. PART 3 -SPECIAL REQUIREMENTS _ 3.01 QUALITY CONTROL A. The Bidder will provide the engineered wood fiber system to be constructed exactly according to manufacturer's installation instructions. B. The Bidder will provide the owner or its designated contractor with all necessary licenses prior to start of construction in accordance with U. S. Patents. C. Supplier must provide test results for impact attenuation in accordance with ASTM F1292-93; Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment. Results must be provided for new material and for 5-year-old material. D. Testing must show"g" ratings of not more than 155g for the 8" thick system, or 120g for the 12" system at 12' fall heights, and HIC values of less than 1,000 for both new and 8-year-old material. E. Product must be wheelchair accessible and meet the requirements of the 1990 Americans with Disabilities Act(ADA)in accordance with ASTM PS83-97. F. The Bidder will provide copies of flammability testing procedures and results using(i) Section 1500.44 of the Federal Hazardous Substance Act,Title 16, Chapter 11, Subchapter C,for rigid and pliable solids,and(ii) 16 CFR Part 1630 Standard for the Surface Flammability of Carpets and Rugs (FF 1-70),Modified Procedure. Testing should be performed by an independent testing laboratory. _ G. The Bidder will provide copies of testing procedures and results of(i) new shredded wood fibre, and(ii) shredded wood fibre not less than five years old - taken from an existing site,performed by an independent testing source using the ASTM F1292-91 playground safety surfacing standard. H. The Bidder will provide at least three references of handicapped-accessible playgrounds that have been installed with said surface. WOOD FIBER PLAYGROUND SURFACING 02537 -2- 3.02 WARRANTY All materials and labor under this Section shall be installed by a contractor authorized by the manufacturer. Safety surface shall be warranted for labor and materials for a period of no less than two years. Written warranty must be submitted by the manufacturer and the authorized installer. PART 4—EXECUTION A. PREPARATION Installer shall thoroughly examine the site and specifications,carefully checking the dimensions before starting work. B. SUBGRADE 1. The subgrade shall be graded a minimum of 1 percent. It is not recommended that the surfacing system be installed on a grade greater than 10 percent. All roots, stones, and vegetation shall be removed. 2. The drainage matrix must be connected to the drainage system. 3. The first 6" of subgrade shall be compacted to at least 95 percent of the dry density, as determined by the provisions of AASHTO or T 205, as modified in 203.24. C. APPLICATION: 1. Wood fiber surfacing system with gravel and subdrain. Install per plans and specifications. a. Aggregate Drainage Material 1. Install subdrain trench per plan. 2. Cover subgrade with washed stone,3/8" to 1/2" diameter, at a uniform depth of three inches. 3. Install drainage fabric over drainage aggregate, overlapping all seams by at least 12". Cut to fit around equipment as necessary and overlap seams as previously mentioned. 4. Install wood fiber safety surfacing at a uniformed compacted depth of 911. Contractor shall be responsible for applying additional material as required in order to maintain safety surface finish elevation and anticipated settling for a period of sixty(60) days following project acceptance. END OF SECTION WOOD FIBER PLAYGROUND SURFACING y� n 02537 �U�� �, o SECTION 02840-TURF SODDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor,materials and equipment for soil preparation, fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod,fertilizer, compost, soil amendments or other materials may be requested by the Project Manager. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the Project Manager. - 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The contractor who plants the sod is responsible for supervision of his crew,while planting the sod and maintaining the sod until the project is accepted by the City. SECTION 02840-TURF SODDING - -1 - PART 2—PRODUCTS _ 2.01 SOD A. The sod shall be "Common Bermuda" and shall consist of stolons, leaf blades, rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide, or as called for on plan,to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. _ B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer _ rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or"Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline pH condition: Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic pH condition: Use "Perma Green Compost"by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0)by Soil Building Systems,Inc., of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart _ sample of the compost proposed for the Project Manager's approval. SECTION 02840-TURF SODDING -2- PANT 3 -EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches(3")before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled,fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by mechanical roller so as to eliminate all air pockets,provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning as per requirements indicated in Part 2—2.03 Water END OF SECTION SECTION 02840-TURF SODDING -3- -SECTION 02860 -PLAYGROUND EQUIPMENT PART 1 - GENERAL 1.01 DESCRIPTION A. This section shall include all materials, labor,tools, equipment,transportation and supervision required for the installation of new playground equipment. 1.02 RELATED WORK A. Section 02140—Site Under drains B. Section 02537 -Engineered Wood Fibar Playground Surfacing C. Section 02870 - Site Furnishings B. Section 03300 -Cast-In-Place Concrete 1.03 QUALITY ASSURANCE/PRODUCTS A. Codes and Standards: 1 .All equipment and materials shall comply to the following standards: a. U. S. Consumer Product Safety Commission(CPSC) b. ASTM Designation F1487 (Standard Consumer Safety Performance - Specification for Playground Equipment for Public Use) c. International Play Equipment Manufacturers Association(IPEMA) 2. All equipment shall be new and conform to equipment standards as noted in Part 2—2.02. 3. The Bidder shall be responsible for defects in equipment due to faulty material or manufacturing, damage or loss. B. Submittals: 1. Submittals must be received and approved by the Project Manager prior to ordering equipment. Refer to General Requirements—Section 01640— 1.02. - 2. Submittals Prior to Construction- Submit manufacturers' documentation of product compliance with CPSC and ASTM F1487 Standards including: a. All paints and other similar finishes must meet the current CPSC regulation for lead in paint(0.06 percent maximum lead by dry weight). PLAYGROUND EQUIPMENT 02860 1 � 1 EJo In1l r P ELAI'Pia U� 5G�,li i'1 ; e b. Regardless of the material or the treatment process,the manufacturer shall ensure that the users of the playground equipment cannot ingest, inhale,or absorb any potentially — hazardous amounts of substances through body surfaces as a result of contact with the equipment. _ C. Submittals must be received and approved by the Project Manager prior to ordering equipment.Refer to General Requirements— Section 01640— 1.02 3. Submittals Prior to Project Acceptance—Contractor shall submit all _ manufacturers' literature to the Project Manager prior to acceptance of the project. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect from inclement weather: wet, damp, extreme heat or cold. — B. Store in a manner to prevent warpage,bowing or damage. C. All construction material such as subsurface drain gravel and play surface material may not be delivered to the site until installation of such material. D. Operation and Maintenance Manuals—Prepare and deliver to the Owner within ten (10)calendar days prior to completion of construction;two (2)hard cover and three _ (3)ring binders containing the following information: 1. Index sheet stating Contractor's address,telephone and fax number, e-mail address _ and listing of equipment with the name and addresses of the local equipment manufacturer's representative. 2. Catalog and parts sheets on each product and equipment type installed under contract — 3. Guarantee Statement. 4. Complete operating and maintenance instruction on all major equipment. I — PLAYGROUND EQUIPMENT 02860 2 1.05 JOB CONDITIONS A. The Contractor shall be responsible for the protection of unfinished work and shall be responsible for the safety of the park users utilizing unfinished equipment. B. The Contractor shall be required to submit a Safety Plan indicating the use of temporary construction fencing, signage and barriers necessary to prevent park users from utilizing unfinished equipment for Owner approval at the Pre- Construction meeting. At any time during construction non compliance to the Safety Plan or any other safety hazard is found to exist on the construction site, The Contractor shall be required to correct any and all non compliance issues and /or safety hazards immediately within the same day of notification. C. All cost incurred be the Contractor to insure compliance to this specification shall be subsidiary to the cost of purchase and installation of equipment. PART 2—PRODUCTS 2.01 Approved play component structures for each playground prototype option (see below) and ancillary equipment shall consist of equipment supplied by pre-approved equipment manufacturers/vendors noted below and as noted on the Equipment Schedule of the plans. 1. Prototype Option No. I a. Gametime—No. TFWNP403C (Southwest Parks &Playgrounds— 1-800- 433-5347) b. Burke—No. 36-28149 (Child's Play,Inc.—1-972-484-0600) 2.Prototype Option No. 2 a. Gametime—No. TFWNP503C (Southwest Parks &Playgrounds— 1-800- 433-5347) b. Burke—No. 36-11825 (Child's Play,Inc.—1-972-484-0600) 3. Prototype Option No. 3 a. Gametime—No. TFWNP603C (Southwest Parks&Playgrounds— 1-800- 433-5347) b. Burke—No. 36-15756 (Child's Play, Inc.—1-972-484-0600) PART 3 -EXECUTION 3.01 GENERAL: All items shall be supplied by Contractor and installed as per manufacturer's recommendations. PLAYGROUND EQUIPMENT 02860 3 3.02 FALL ZONES: Contractor shall verify all fall zone clearances onsite prior to installing the equipment. Notify the Landscape Architect of any conflicts or discrepancies. The Contractor will be required to remove and reinstall any mow strips/hardscape at own expense and at no additional contract time if fall zone discrepancies are found and require r remedy 2.03 CONCRETE FOOTINGS: The finished grade of all concrete footings shall be set a minimum twelve inches below the finish grade of surfacing material. 2.04 FASTENERS: All nuts and bolts shall be upset and tack welded to prevent disassembly w on all equipment that is not installed with specialized fasteners. 2.05 INSTALLATION SEQUENCING: The Contractor will not be allowed to deliver on - site and install any playground equipment until gradework,mow strip, subsurface drainage and all other hardscape items have been installed and approved by the Project Manager. The Contractor will be required to remove any equipment from the site at own expense and at no additional contract time if found to be in non- compliance to this specification note. END OF SECTION PLAYGROUND EQUIPMENT 02860 4 SECTION 02870-SITE FURNISHINGS PART I- GENERAL 1.01 DESCRIPTION Furnish and supply all labor, equipment,materials and incidentals necessary to assemble, install and otherwise construct park equipment as listed under products. 1.02 RELATED WORK A. Section 03300 - Cast-in-Place Concrete. B. Section 07920 -Caulking and Sealants 1.03 QUALITY ASSURANCE A. All equipment shall be free of sharp edges and corners, or extremely rough surfaces. C. All materials shall be new and conform to all standards per specified product or aproved equal (see Division I—Section 01640/Product Options D. The bidder shall be responsible for defects in equipment due to faulty materials or manufacturing, damage or loss. E. Metal shall be straight or at design radii or bends, without kinks, and shall be true to shape. E. Codes and Standards: All"accessible"site furnishings shall comply with the current Texas Accessibility Standards (TAS)of the Architectural Barriers Act, Article 9102, Texas Civil Statutes (512)453-3211. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect from inclement weather: wet, damp, extreme heat or cold. B. Store in a manner to prevent warpage and/or bowing. 1.05 JOB CONDITIONS The contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users utilizing unfinished equipment. SITE FURNISHINGS 02870 -1 - PART 2 -PRODUCTS 2.01 Equipment as specified on plans or approved eaqual. PART 3-EXECUTION 3.01 INSTALLATION A. Fasteners: All nuts and bolts shall be upset and tack welded to prevent — disassembly. B. Manufacturer's Installation Instructions: The Contractor shall follow the manufacturer's installation instructions and give the Landscape Architect the instructions for filing,unless otherwise stated. Set benches and picnic tables level. — END OF SECTION — SITE FURNISHINGS 02870 _ -2- SECTION 02930 - SEEDING PART1 -GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction,Item 164, "Seeding for Erosion Control"and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred(100)miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten(10)miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930-SEEDING QQ Q C. Protect and Maintain Seeded Areas 1. From erosion 2: From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds,whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable,viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City,prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean,dry and harvested within one year of planting. 1. Non-native crass seed shall consist of- If fIf planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Pgp�v Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% r 40 Bermuda(unhulled) Cynodon dactylon 84% 85% SECTION 02930-SEEDING -2- 2 Native grass seed -The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis '- 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden- Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. SECTION 02930-SEEDING -3- B. Mulch _ 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed,either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products(waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent(10%)moisture, air dry weight — basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. — C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the — analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. _ 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas- 100 pounds — of Nitrogen per acre. C. Where applying fertilizer on established seeding areas- 150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor, at no cost to the Owner,by means of temporary metering/irrigation,water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B.2. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch(1/2")per week should be applied for — approximately three weeks or until project is accepted by the City. E. Erosion Control Measures — 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.01,B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater,use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. _ 3. Mixture is applied within thirty(3 0)minutes after placed in the equipment. SECTION 02930-SEEDING -4- - PAIN 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones,and other objects larger than one inch. 2. Roots,brush,wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch(1") deep. 2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Watering: Sdil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): If mechanically seeding(drilling)the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer,may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch(1/4"-3/8")utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting,the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces-minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces-minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces-minimum 3,000 lbs./acre. SECTION 02930-SEEDING -5- 5. "Flat" and"sloping" surfaces will be shown on the plans if not visually obvious. _ C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: _ 1. For approximately twenty-one (2 1)days,or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.)and project has been accepted by the City. 3.04 MAINTENANCE AND ACCEPTANCE A. Includes protection, replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance.Refer to Part 2—2.01 —D. for watering requirements to be executed by the contractor. B. All areas requiring revegetation shall have 100%established stand coverage prior to City acceptance. _ C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time,as determined by the City. 2. A"stand" shall be defined as: _ a. Bermuda/Rye grasses: Full coverage per square foot established within two to three(2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. _ b. Native grass and wildflowers: eighty percent(80%)coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch _ diameter. END OF SECTION SECTION 02930-SEEDING -6- SECTION 03300—CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement",Item 406 - "Concrete for Structures", and Item 410—"Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 -MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced,joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch. Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids,alkalies,vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content CAST-IN-PLACE CONCRETE 03300 - 1 - shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of 1 1/2 hours after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel — bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M.,Designation C-309,Type 2,white pigmented. D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants—See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate(dry-loose volume) shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be " based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. — B. Slump: When gauged by the standard slump test,the settlement of the concrete shall not be less than 3 inches nor more than 5 inches, unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight days using a 5 sack mix. CAST-IN-PLACE CONCRETE 03300 -2- D. Control-Submittal: Within a period of not less than ten days prior to the start of concrete operations,the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the Engineer,there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may.be placed on the job site until the mix design has been approved by Engineer in writing to the Contractor. PART 3 -EXECUTION 3.01 REINFORCING Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re-bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a 1/2 inch radius. B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep, tooled joints placed on six foot centers,unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed joints maybe allowed only if specifically approved by the Engineer. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. 3.03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported,placed and spread in such a CAST-IN-PLACE CONCRETE 03300 -3- manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher,without approval of Construction Inspector. Placement shall be carried on at such a rate that the concrete is at all times plastic and T flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall _ retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull-floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING All concrete shall be finished by experienced,qualified concrete finishers. All concrete shall have a neat,rounded edge. Edging and jointing(radius described on Plans)shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce — hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. _ 3.05 CURING Curing Compound: Immediately after the finishing operations,the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to _ exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is 5'-0" or more, and through reinforcement,use a dumping box or board,moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. CAST-IN-PLACE CONCRETE 03300 -4- 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. W a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over-vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a smooth form finish. 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350. 3.07 PROTECTION After concrete is placed, finished and cured as required,permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST-IN-PLACE CONCRETE 03300 -5- SECTION 07920-CAULKING AND SEALANTS PART I-GENERAL 1.01 DEFINITIONS: A. The term"sealant" or"sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant" shall be required on the inside joint also. B. The term"caulk" or'caulking' (calking) shall refer to interior joints not normally exposed to weather or moisture conditions. 1.02 SUBMITTAL: A. Submit to Owner's representative manufacturer's literature, specification data, and. color chart for all materials proposed for this project. B. Identify their use and location. 1.03 GUARANTEE: The Contractor shall provide the Inspector a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. PART 2-PRODUCTS 2.01 SEALANTS: As manufactured by Pecora or approved equal. A. Concrete-to-Concrete(Horizontal Joint):NR-201 with primer. B. Masonry-to-Masonry or Concrete-to-Concrete(Vertical): Dynatrol H - 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely compatible with compound. - 2.03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of sealing or caulking material, and completely compatible with compound. CAULKING AND SEALANTS 07920 PART 3 -EXECUTION 3.01 GENERAL: A. Work shall be performed by experienced mechanics skilled in execution of type of work required and in application of specified materials. _ B. Deliver materials to job site in original containers with manufacturer's name and _ brand clearly marked thereon. C. When perimeter joints around frames that are to be caulked do not have built-in stops or other means to prevent depth of compound from exceeding 1/2 inch, pack joint with back-up materials of correct type and to the depth as necessary to provide minimum 3/8" and maximum 1/2" depth of compound. D. Materials and methods shall be as specified herein,unless they are contrary to approved manufacturer's directions or to approved trade practice; or unless Contractor believes they will not produce a watertight job which he will guarantee as required. Where any part of these conditions occur, Contractor shall notify Architect in writing. Deviation from procedure specified will be permitted only upon Architect's approval and providing that work is guaranteed by Contractor as specified. E. If,prior to beginning work, Contractor does not notify Architect in writing of any proposed changes, it will be assumed that he agrees that materials and methods specified will produce results desired, and that he will furnish required guarantee. 3.02 PREPARATORY WORK: A. Where weather molds, staff beads, etc., do not form integral part of frames to be _ caulked,but are removable,remove same prior to caulking, execute caulking, replace molds, etc., and point. B. Clean all joints, etc., that are to be caulked or sealed,prior to executing work. 3.03 PRIMING: When conditions of joints so require, or when types of materials used — adjacent to joints so require, or when compound manufacturer's recommendations so require,clean and prime joints before starting caulking. Execute priming operations in strict accordance with manufacturer's directions. — 3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require 20%to 50%compression upon insertion, and shall be — CAULKING AND SEALANTS 07920 -2- placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient depth to allow backing, install bond breaking tape at back of joint. 3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no air pockets or voids. Tool the joint surface to compress the compound into the joint. 3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. _ 3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. END OF SECTION CAULKING AND SEALANTS 07920 -3. -05-2006 09:33 FROM:INSPECTION SECTION 817 871 7895 T0:817 871 7854 P.2'4 _- _��. 1680+22i�t837 A t 3 e- �-nq; 2ti9PNI;SuI llvan InSurpnrd 411TF(MMIQDMYVYI ACQR M CERTIFICATE OF LIABILITY INSURANCE 01/24/2006 PRODUCER (580)ZZ3-Z187 FAX (560)223-1831 THIS CIERTtFICATE IS ISSUED AS A:AATPFR OF INFORMATION 5u11 ivan Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CUMFICAYE P. 0. Rvz 1534 HOLDER.TH13 CERTIFICATE DOES NOT AMD,CXTEN0 OR ALTER THE COVERA E AFF DED BY THE POLICIES RJEL Ardmore, OK 73402 INSURERS AFFORDING COVERAGE 11AIC 0 w-RED Robert Parks WSORWA: Ohio CdsuAjty xr1s. Co. ORA: Brinkman Construction wsuRr-,W PO BOX 1122 wtURERC: DeSoto, TX 75123 INiuA-ER v ENSURER E- MERAGES 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 CONTW9CT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS CERTIFICATE MAY 89 ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES OESCRIBW HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA DD Typoor LNBURANCL POLICY NVYBER POLICY�FFIS:TINE I Y e IRATIOII $ OMMLBIUT UAY BW53409246 09/26/2005 09/26/2006 EACHOCCVRRLWE 1 .1,000,0001 X CpNARAC41LGENERAL UMWTY DAWOE 1 100 ,0061 CWMSMADE a OCCUR MED EXP(Aly ono per) 1 1,00 P&A60 AI LL ADV INJURY 1 1.000.0001 _ OENERALAGOREGATE s 2 OOO,OO GF LAGQP9QATE WLT APPUEB PER: PRODUCTS•COMP/OP AOO i Z.000.000 POLICT LOD AUTOMOBILE UA91UTY RAOS3409 446 09/26/2005 09/26/2006pp�BieD 61NOLE LIMIT 1 ANY AUTO IED 1 000,00 ALL OWNED NMS X OCDUUNY tgM L.ED AUTCi � P'Y"--r'] 1 A X tM=AUTOS 1 I SOOLY X NoL.►owNeD.usos ! (por ERTY�DMInO1°""L'"QQ s 6ARAULLAMTY AUTO ONLY-EA ACCIDENT i ANYAUfO OTHIATI4N FAACC 1 Aro ONLY. AN $ otCl3iNtATBLlLLAUAEuxY U5053409246 09126/t005 09/26/2006 EACH0MRKNCE 1 4.00.000 OCCUR M CLma HADE AOOREGATE 1 A DEDUCTIBLE s RETFNTIgN i • WOMMRSOOUPENBATMAND XW053409246 09/26/200.5 09/26/2006 wC TA 1IMPLOYERV LIA°�^TM aL EACH ACC=Nr 1 1 000 0 A �FICEAND IEFROPAIETORKEX UDEbt VE eL aLsEAse-BA tBlvtoY s 1,000 3ITL110VN lwlpy @L*MEAN-POLICY IJNIT i 1000 OTHER I I OEBCINPitON OP OP6RAYi0Ri!LOCATIDN31 VBIItCLF�S/QiCLUSION3 ADDIp BY LTIDORIEMENT 18►fiC1AL PROVI8IOMB Certificate Holder is an addtional insured i CERTIFIC&M H=R C NC AM=-R ANY OF THE ABOVII MOFWW POUCES B!OANOBLLED WPM Tw F"RATION DATE T%640F,THE 13811NR 1kMtIt YILL ENDIAVOK TO ttAK_ �Q,DAVSWftI11k NOT=TO TR OBRTOWATEHOLD"HAEMOTDTMELIFT, Nikki ncleroy i of Fort Worth BUT PA14U"YO MAB.9UCH NOTICE p/1AU.IMPM SO OULIGATION OR UAE0.RY N 1000 Throckmorton St OF AW#=UPON THE INISAN ITS AAEMYS OR PIFPRF_SNTATIVID, Fort North, TX 76101-6311 AUYMOS a 26(2001" FAX: (817)392-7954 QACOR ORPORATION 1919 5-23-06; 5:08PM;Sullivan Insurance '580+229+1631 tf 2/ 3 I IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. I I I I _ I ACORD 25(2001108 ;580+223+1831 # 3/ 3 5-23-06; 5:08PM;Sullivan Insurance Additional Coverages and Factors 09/26/2005 Line of Business Coverages for Business Auto Coverage Limits Ded/Ded Type Rate Premium Factor Combined single limit 1,000,000 Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type Rate Premium Factor General Aggregate 2,000,000 Products/Completed Ops 2,000,000 Aggregate Personal & Advertising 1,000,000 i Injury Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 1,000 Line of Business Coverages for Workers Compensation I Coverage Limits Bed/Bed Type Rate Premium Factor 1 WC & Employer's liability 1,000,000/1,000,000/ 1,000,000 BIDDER'S STATEMENT OF QUALIFICATIONS Firm Name: Date Organized: ❑ PARTNERSHIP ❑ CORPORATION Address: City: State: Zip: Telephone Number: Fax Number: Number of years in business under present name: Former name(s) of organization: CLASSIFICATION: ❑ General ❑ Building ❑ Electrical ❑ Plumbing ❑ HVAC ❑Utilities ❑Earthwork ❑Paving ❑ Other LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE YEARS PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE BIDDER'S STATEMENT OF QUALIFICATIONS y � ��'1Eil HCo10 0 SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER. NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION BIDDER'S STATEMENT OF QUALIFICATIONS -2- 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: 3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. BIDDER'S STATEMENT OF QUALIFICATIONS -3- SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. Note 1. Section 8.1 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth will be enforced. 2. The Prime Bidder selected for this project shaII submit Letters Of Intent executed between the Prime Bidder and any and all subcontractors to be utilized on this project within five working days of being recognized as the overall qualified low Prime Bidder by the City. Subsequent substitution of sub-contractors must be approved by the City. 3. Prime Bidder shall include financial statement in this submittal. OMCC]Aut �POICO rO' t BIDDER'S STATEMENT OF QUALIFICATIONS -4- BIDDER'S STATEMENT OF QUALIFICATIONS Firm Name: Date Organized: ❑ PARTNERSHIP ❑ CORPORATION Address: City: State: Zip: Telephone Number: Fax Number: _ Number of years in business under present name: Former name(s)of organization: CLASSIFICATION: ❑ General ❑ Building ❑Electrical ❑ Plumbing ❑ HVAC ❑ Utilities ❑ Earthwork ❑Paving ❑ Other LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE YEARS PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE BIDDER'S STATEMENT OF QUALIFICATIONS -1 - SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME/TELEPHONE NUMBER OF OWNER NAME/TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION BIDDER'S STATEMENT OF QUALIFICATIONS -2- 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: 3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. BIDDER'S STATEMENT OF QUALIFICATIONS -3- SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B. C. Note 1. Section 8.1 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth will be enforced. 2. The Prime Bidder selected for this project shall submit Letters Of Intent executed between the Prime Bidder and any and all subcontractors to be utilized on this project within five working days of being recognized as the overall qualified low Prime Bidder by the City. Subsequent substitution of sub-contractors must be approved by the City. 3. Prime Bidder shall include financial statement in this submittal. BIDDER'S STATEMENT OF QUALIFICATIONS -4- PERFORMANCE BOND BOND# 564542P THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Developers Surety and That we,(1)Brinkman Construction,as Principal herein, and(2)IndemnitXpanv a corporation organized under the laws of the State of(3) Iowa , and who is authorized to issue surety bonds in the State of Texas, Surety herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Thirty- two Thousand One Hundred Ninety and 50/100.................................................. Dollars ($232,190.50) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 4th day of April.2006,a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Playground Renovations at Fire Stations,Hulen Meadows and Wedgwood Parks NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this26_-day of A ril,2006. Brinkman Construction PRINCIP / ATTEST: By: Name: Lam. /44 (Principal) Secretary Title: ��. ' , A*j-- IF, (S E A Q Address: PO Box 1122 DeSoto, TX 75123-1122 Witness as to Principal Developers Surety acid _�d�,� Cr�agaan� SURETY AI-rES.T: By: Name: Tim Kirk Attorney in Fact Address: PO Box 19725 wine, CA 95623 Witness as to Surety Telephone Number: 949-263-3300 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. UNRY Sggkz CITY FORTWORTH CONT ACE NO.ECRENO. ` R a Y 1IY -5ECF2 �o9rwoan+,��4y D.O.E. FILE SPECIFICATIONS AND CONTRACTOR'S BONDING CONTRACT DOCUMENTS Am CONSTRUCTION'S COPY - FOR PLAYGROUND RENOVATIONS AT: DEFA#fWATATION,HULEN MEADOWS AND WEDGWOOD PARK PROJECT NAME PROJECT NUMBER D.O.E. NO. FIRE STATION C280/541200/809480025280 5214 HULEN MEADOWS C280/541200/806480025380 5215 WEDGWOOD C280/541200/806480025680 5216 .•r IN ^ THE CITY OF FORT WORTH TEXAS MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER RANDLE HARWOOD,ACTING DIRECTOR PARKS AND COMMUNITY SERVICES PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY _ CITY OF FORT WORTH OFFIC9w1 RECORD 2004 CAPITAL IMPROVEMENT PROGRAM Cirf o FT. �'Ifffl, YEN. PAYMENT BOND BOND# 564542P THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT Developers Surety and That we,(1)Brinkman Construction,as Principal herein,and(2) Indemnity y a corporation organized and existing under the laws of the State of(3) Iowa as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Thirty-two Thousand One Hundred Ninety and 50/100.............................................................................. Dollars ($232,190.50) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 4th day of April, 2006, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Playground Renovations at Fire Stations,Hulen Meadows and Wedgwood Parks NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 2Liday of April,2006. Brinkman Constructio PRINCIP ATTEST: By: Name: (Principal) Secretary Title: (S E A Q Address: PO Box 1122 DeSoto, TX 75123-1122 Witness as to Principal Developers Surety and Indemity Cappany SURETY ATTEST: By: Y Name: Tim Kirk Sec`�etar - Attorney in Fact �S-EArb.): Address: PO Box 19725 Irvine, CA 95623 Witness as to Surety Telephone Number: 949-263-3300 NOTE: (1) Correct name of Principal (Contractor). (4) Correct name of Surety. (5) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND BOND# 564542P THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: Developers Surety and That Brinkman Construction("Contractor'), as principal, and IndemmtY ComPanY , a corporation organized under the laws of the State of Iowa , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Thirty-two Thousand One Hundred Ninety and 50/100.......................................................................................................................... Dollars ($232,190.50), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 4th of April, 2006, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Playground Renovations at Fire Stations, Hulen Meadows and Wedgwood Parks the same being referred to herein and in said contract as the Work and being designated as project number(s) C280-808480004280/C280-808480004680/C280-808480004580 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in 6 counterparts,each of which shall be deemed an original,this 26 day of A ri1 A.D.2006. ATTEST: Brinkman Construction (S E A L) Contracto By: Secretary Name: - , Tittle: Atr -T- : elopers Surety and Indemnity Company (� E A.Lj Surety By: $6crnetar�. Name: Tim Kirk Title: Attorney in Fact PO Box 19725 Irvine, CA 95623 Address POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,constitute and appoint: ***Tim Kirk*** as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in- Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attomey(s)-in-Fact named in the Powers,of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 1 st day of December,2005. AND p9.P OR,q'r��� By, David H.Rhodes,Executive Vice-President W o' 1936 :o; By: Walter A.Crowell,secretary STATE OF CALIFORNIA 7 COUNTY OF ORANGE J On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA 1.GARNER --� COMM.#1569561 Signature (SEAL) NOTARY PUBLIC CALIFOR14A 3 ORANGE COUNTY _ My conu m.expires May 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said eoipocation_ set forth in the Power of Attorney,is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 26th day of April 2006 By !Albert Hillebrand,Assistant Secretary ID-1438(DSI)(Rev.12/05) 6. Contractor covenants and agrees to indemnify City's engineer and architect,and their personnel at the project site for Contractor's sole negligence.In addition,Contractor covenants and agrees to indemnify,hold harmless and defend,at its own expense,the Owner,its officers,servants and employees, from and against any and all claims or suits for property loss,property damage,personal injury, including death,arising out of,or alleged to arise out of,the work and services to be performed hereunder by Contractor,its officers,agents,employees, subcontractors, licensees or invitees,whether or not any such iniurv,damage or death is caused,in whole or in part, by the negligence or alleged negligence of Owner,its officers,servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers,servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees,on the execution of this Contract,and before beginning work,to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the contract, including the exhibit attached hereto and made a part hereof and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay,and the said Contractor agrees to receive,for all of the aforesaid work,and for all additions thereto or deductions therefrom,the price shown on the proposal submitted by the successful bidder hereto attached and made a part hereof. 9. It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or Y assigned to anyone else by said Contractor without the written consent of the Department of Engineering Director of said City of Fort Worth. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof .� the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto ^' with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. CITY OF FORT WORTH,TEXAS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That this agreement,made and entered into this the 4th day of A !2,A.D.2006,by and between the CITY OF FORT WORTH,a municipal corporation of Tarrant County,Texas,organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December,A.D. 1924, under the authority of the Constitution of Texas,and in accordance with a resolution duly passed at a regular meeting of the City Council of said City,and the City of Fort Worth being hereafter termed Owner,and Brinkman Construction,hereinafter called Contractor. WITNESSETH:That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner,and under the conditions expressed in the bond bearing even date herewith,the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Playground Renovations at Fire Stations,Hulen Meadows and Wedgwood Parks 2. That the work herein contemplated shall consist of furnishing all labor,tools,appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications heretofore prepared by the Parks and Community Services Department of the City of Fort Worth and adopted by the City Council of said City,as an independent contractor,and which plans and specifications are incorporated herein by reference. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)days after being notified in writing to do so by the Department of Engineering Director of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 55 workine days from the time of commencing said work;that said Contractor shall be entitled to an extension of said time for doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents caused by unforeseen matters over which said Contractor has no control,such as inclemency in the weather,acts of Providence,labor strikes and delivery of materials, in all of which cases the negligence or carelessness of the Contractor is not contributing to such delay. —' 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said specifications,then the City shall have the right to take charge of and complete the work in such a manner as it may deem proper,and if, in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. ti IN WITNESS WHEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf by the City Manager and attested by its Secretary,with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in three counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 4th day of April,A.D.2006 RECOMMENDED BY: AP O ED BY: EPARTMENT OF ENGINEERING PA S ANDC TY S ICES DIRECTOR DIR R CITY OF ORT WORT ATTEST: w CITY MANAGER CITY C TARY Brinkman Construction Contract Authorization ONTRACTOR - 4-a—LU�—�� e `T 1._J�-�� - Date By: —"j SEAL neY TITLE PO Box 1122 DeSoto TX 75123-1122 ADDRESS APPROVED AJTRIM AND LITY A SANIT YATTORNEY JP — November 1960 Revised November 1982 Revised May 1986 Revised October 1989 P f WWUU W Net■ rg 1t�xl ii��x3 Rome I Council Agenda I H&C I Employee Dirattairy I Morning Report I Ads I PAS I IT Online Departments I Site Map Print M&C COUNCIL ACTION: Approved on 4/4/2006 DATE: 4/4/2006 REFERENCE NO.: **C-21388 LOG NAME: 80CIPFHW CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Brinkman Construction, for Playground Renovation at Fire Station, Hulen Meadows and Wedgwood Parks RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Brinkman Construction, in the amount of$232,190.50 for Playground Renovations at Fire Station, Hulen Meadows and Wedgwood Parks. DISCUSSION: Proposition Two (Parks, Recreation and Community Services Improvements) of the 2004 Capital Improvement Program allocated $3,226,800 for the replacement of deteriorating playgrounds at 36 park sites, of which $90,125.00 each was allocated to Fire Station, Hulen Meadows and Wedgwood Parks for a total of$270,375.00. The proposed Playground Renovations include site/equipment demolition, site grading and installation of new playground equipment and park amenities as, per construction documents. The Parks and Community Services Department (PACSD) held public meetings with neighborhood groups for each park site to receive input and selection of the preferred playground prototype. Upon selection of the preferred prototype, PACSD staff proceeded with preparation of the construction documents. This project was advertised for bid on January 19 and 26, 2006. On February 16, 2006, the following bids were received. Bidders Base Bid Recommended Bid Alts. Total Brinkman Construction $208,420.50 $23,770.00 $232,190.50 Eagleton Construction, Inc. $209,005.75 $25,475.00 $234,480.75 Parks for Play, Inc. $238,831.54 $25,659.00 $264,490.54 J&J Hardscape Construction, Inc. $241,262.50 $24,300.00 $265,562.50 Henneberger Construction, Inc. $251,552.50 $24,201.00 $275,753.50 M.A. Vinson Construction Co., Inc. $327,200.00 $52,800.00 $380,000.00 Base Bid - Units 1 (Fire Station), 2 (Hulen Meadows), and 3 (Wedgwood Park) - ($208,420.50). Consist of site grading, demolition of existing playground facilities at Fire Station, Hulen Meadows and Wedgwood Parks; and installation of new playground facilities at the three parks Bid Alternate - Unit 4 - (Fire Station Park) Line items 1,2 and 3 - ($5,900.00). (1) Consist of the installation of two 6-foot park benches next to the playground area, (2) removal of existing tables and installation of one 8-foot handicap table and one 6-foot picnic table and (3) installation of two 6- foot benches with a concrete pad in the park area. Bid Alternate - Unit 5 - (Hulen Meadows Park) Line items 1,2,3 and 4 -7$6,250.00). (1) Consist of the installation of two 6-foot park benches next to the playground area, (2) installation of two 6-foot benches with a concrete pad next to the playground area, (3) installation of one 8-foot handicap table with a concrete pad, and (4) installation of two 6-foot benches with a concrete pad in the park area. Bid Alternate - Unit 6 - (Wedgwood Park) Line items 1,2,3,4 and 5 - ($11,620.00). (1) Consist of the installation of two 6-foot park benches and one 8-foot handicap table next to the playground area, (2) installation of two 6-foot benches with a concrete pad next to the playground area, (3) installation of concrete sidewalk, (4) removal of existing tables and installation of two 6-foot picnic tables and (5) Installation of a platform whirl in the playground area. It is recommended that the Base Bid - Unit 1,2 and 3 in the amount of$208,420.50 and all Bid Alternates mentioned above in the amount of$23,770.00, totaling $232,190.50, as submitted by Brinkman Construction Inc., be approved for award of contract. The contract time is 55 working days. In addition to the contract cost, associated contingency funding for construction inspection, project management and possible change orders is $23,245.00. M/WBE - Brinkman Construction, is in compliance with the City M/WBE Ordinance by committing to 16% M/WBE participation. The City's goal on this project is 16%. There will be no annual budget impact associated with this project. Construction is anticipated to commence in July 2006 and be completed in October 2006. Fire Station Park is located in COUNCIL DISTRICT 9 and Hulen Meadows and Wedgwood Park are both located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Park Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C280 541600 809480025280 $78,003.00 C280 541600 806480025380 $77,305.00 C280 541600 806480025680 $76,882.50 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Carlos Gonzalez (5734) ATTACHMENTS Map.pdf