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HomeMy WebLinkAboutContract 37174 CITY SECRE D. 1. FILE ON111A T RP �+ SPECIFICATIONS CITY;SECRETARY ' Co. and CONSTRUCTIONS copy CONTRACT DOCUMENT '-P9r1EN1 For 004 Capital Improvements Drainage Project Miscellaneous Structural Improvements — Contract �E Projert No.: bOO 7 DOE No.:4724 T/PW Project No.: C200531200 127000 733 1a Ac No.- 5-0171 in THE CHY OF FORT 0R1'H,'1' A Mike Wncrief Chades R. Boswe-H Mayor r City mildlsbcr ROBLRT a, CA)O lF, P,E. A. pOVOLAS #ADERMAKF-R, P.F. S,F RANK Ck1 NIB. P.E. t7II2] G'7'0R, 7`kr N3PQR7'A7T0N DIRECTOR, DEPARIMBIN I'OF DIRECTOR A i]P+313LIC WORKS DFPAR-f'[4ENT FiVGINE'ER Nf-I WA' TEkL} 'AtLT -NT PREPARED BY: P "%M O ] 1-,ackaor.1, Andrms & Ncnem, Lac. 1320 South University Drive, # .• � ';� University Centre It — Suite 450 a .. :......�..............� dTF ' .GY7 � Gfhi� Fort Worth, Texas 7 107 .. •.,.. .....;.., (8 17) 820-042 . `�' ONA :.r� 007 Fagv 1 V1 ,+ f 1' Logy of FoFf Worth, Texas Mayor and u -, until Communication COUNCIL ACTION: Appravocl an 45113/2008 DATE: Tuesday, May 13, 2008 LOG NAME: 30MISCONTE00097 REFERENCE NO.: C-22793(Revised) SUBJECT: Authorize Execution of a Contract with Burnsco Construction, Inc., in the Amount of $259,844.00 for the Construction of Miscellaneous [Drainage Improvements (Contract "E") at Luther Channel, Colonial Channel and Smithfield Creak Channel (Project No. 00097) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Bumsco Construction, Inc., in the amount of $259,844.00 for the construction of Miscellaneous Drainage Improvements (Contract "E") at Luther Channel, Colonial Channel and Smithfield Creek. DISCUSSION: On January 11, 2005, (M&C C 204€14) the City Council authorized the City Manager to execute an engineering agreement with Lockwood, Andrews and Newnan, Inc., for Miscellaneous Drainage Improvements to Longstraw Charnel, Colonial and Stnithfit�ld Creek Channel (near Chadybrook Lane). The 2004 Capital Improvement Program include€i funds for the de2lgrt of capital drainage improvements to the channels listed above to repair structural failure and construct nmv mainte.nance access ramps. The construction portion of this project is being f'undod vilth 2007 Storm Water Revenue Bonds and includes: Reconstruction of portion of concrete channal and a new access ramp on Luther Channel near Ridglea Crest Addition; Access ramp on Colonial Charnel from Sirriondale Drive to Bellaire Drive; and •Access ramp on Smithfield Creek Channel betwoori C hadybrook Lane and Brittany Place. The project was advertised on September 13, 2007 and Saptomber 20, 2007 in the Fort Worth Star- Telegram. On October 18, 2007, the follovAng bids were reenived: BIDDERS AMOUNT Burnsco Construction,hic. $259,€A4.00 Humphrey and Morton Construction Company, Inc. $261,771.50 Linder Construction Company, Inc. $281,054.00 Klutz Construction $289,825.00 Time of Completion: 90- Calendar Days Funding in the amount of $26,180.00 is required for asseciated drainago construction survey, project management, pre-construction, material testing, inspection and project close orrt. The contingency fund for possible change orders for paving and drainage improvement is $12,992.00. M/WBE — Burnsco Construction, Inc_, is in compliance Vito the Cily's N41WBE Ordinance by committing to 14 percent M/WBE participation on this combined projoct. the City' goal on this project is 14 percent. http://apps.cfwnet.org/council_pacicet/RepoiU/mc_print.asp 5/15/2008 Pagel or L This project is located in COUNCIL DISTRICT 3, 4 and 9, Mapsco 35R, S, V, 74X, Y and 75V and R. FISCAL INFORMATIONMERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects Fund. TO Fund/AccountlCenters FROM Fund/AccountfCenters P229 541200 201270009783 $259,844.00 Submitted for Ci t Managees Office Fernando Costa (8476) Originating Departtaei4t Head: A. Douglas Rademalcer(6157) Additional Information CoftWcA: Copsl Sahu (1949) http://apps.cfwnet.org/council_packet/Reports/rac_print.asp 5/15/2008 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING i ADDENDUM NO. 1 To The Plans,Specifications&General Contract Documents 2004 CAPITAL IMPROVEMENTS PROJECTS LUTHER CHANNEL REHABILITATION AND ACCESS RAMP COLONIAL CHANNEL ACCESS RAMP ' SMITHFIELD CREEK ACCESS RAMP ' T/PW PROJECT NO. 200--53120 20127009783 DOE PROJECT NO. 4724 Bid Date: October 18,2007 { Addendum No. 1. Issued Friday, October 12,2007 This Addendum forms part of the Plans,Contract Documents&Specifications for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder j shall acknowledge receipt of this addendum in the space provided below,in the proposal (Proposal Signature Page) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The plan and specification documents for LUTHER CHANNEL REHABILITATION AND ACCESS RAMP,COLONIAL CHANNEL ACCESS RAMP AND SMITHFIELD CREEK ACCESS RAMP,DOE PROJECT NO.4724 are hereby revised by Addendum No. 1 as follows: 1. BID PROPOSAL REVISIONS: The following items in the Bid Proposal have been revised,added or deleted from the Bid Proposal: a. Bid item#27 shall be added to the bid proposal as"SILICON JOINT SEALANT- FOR CRACK SEALING ON THE NORTH SIDE OF LUTHER CHANNEL (City of Fort Worth Bid Item: BID-00460),including all materials,labor and equipment, complete in place for the sum of:" with prices listed in words and numerically as typical in the bid proposal. This item shall be measured in quantity in LINEAR FEET. A signed copy of this Addendum should be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered"NONRESPONSIVE;' resulting in disqualification. RECEIPT ACKNOWLEDGEMENT: ISSUED BY:Lockwood,Andrews& Newnam Inc.for: The City of Fort Worth PEE OF TF`° By: t* :... 1,Lc.T{d"rxj v% o ..�.........j..............t.....� 7 Company: P. N }RWOOD + ••.._.... ....a .......... , Address: v �IXTHWS5 T BaLV15. �o 82049 1 ¢J � *tip �a .� City: ✓ State:_- ���5'FAST ONAL E �� --l- I � VI 1N IV -i 1 I i i t I i CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 2 To The Plans,Specifications &General Contract Documents 2004 CAPITAL IMPROVEMENTS PROJECTS LUTHER CHANNEL REHABILITATION AND ACCESS RAMP COLONIAL CHANNEL ACCESS RAMP SMITHFIELD CREEK ACCESS RAMP T/PW PROJECT NO.200 53120 20127009783 DOE PROJECT NO.4724 Bid Date: October 18,2007 Addendum No. 2: Issued Tuesday,October 16 This Addendum forms part of the Plans,Contract Documents &Specifications for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below,in the proposal (Proposal Signature Page) and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. ' The plan and specification documents for LUTHER CHANNEL REHABILITATION AND ACCESS RAMP,COLONIAL CHANNEL ACCESS RAMP AND SMITHFIELD CREEK ACCESS RAMP, DOE PROJECT NO.4724 are hereby revised by Addendum No. 2 as follows: 1. BID PROPOSAL REVISIONS: The following items in the Bid Proposal have been revised,added or deleted from the Bid Proposal: a. Bid item#23 will be set at$5,000 for utility improvements. b. Bid Item#7 (RETAINING WALL-REMOVE) shall have its quantity changed to 48 linear feet. F 2. BID PROPOSAL CLARIFICATIONS: The following items in the Bid Proposal have been clarified: a. There will be no separate bid item for clearing and grubbing,it will be considered subsidiary to bid item#2. y b. The contract time will stay as 90 days start to completion. 1 c. Some of the point elevations on sheet E3-2 have been revised since the issuing of the sheet due to the addition of a new future structure to be built by TCU. However, these adjustments will not affect the category in which the linear feet of each size retaining wall have been assigned. (Bid Items#4 through#6). The quantities of each Bid Item will remain the same despite these new point elevations. The correct elevations will be shown on a reissued version of the sheet that the engineer will supply at a later date. d. The excavation for the Luther &Colonial Channels is considered"Trench Excavation (Bid Item#1). e. The concrete demolition and removal (Bid Item#2) of the southern side of Luther Channel is this bid item. As shown In the plans,the wall is to be demolished and replaced. It also includes a small amount of pavement removal when sawcutting and connecting to the existing parking lot for the Smithfield Creek Channel ramp. f. Channel excavation (Bid Item#3) is considered to be the earthwork associated with the Smithfield Creek Channel ramp. g. All walls 6" to 2'in height will be considered under Bid Item#4. All walls 2'-1" to 5'-0" in height will be considered under Bid Item.#5. All walls 5'-1" to 12'-0" in jheight will be considered under Bid Item#6. h. Excavation for the spread footing retaining walls is included in Bid Item#1 . J i. All temporary easements will be obtained by the city before construction starts. 1 j. There are no temporary easements needed for the Luther Channel. (Sheets E2-1 - E2-5) ' k. The 22" Sycamore tree as shown on sheet E3-1 will be removed by the city. a A signed copy of this Addendum should be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered"NONRESPONSIVE," resulting in disqualification. 1 RECEIPT ACKNOWLEDGEMENT: ISSUED BY: Lockwood,Andrews & i Newnam Inc. for: i The City of Fort Worth OF T %% � i x Company: Buorl .......................... .ii 1NALTER P. l�i0RWC?� Address: / �t� e �'T -�b �.. ............... 8204�........, ..� city: An�h".Cek State: ;Osr�P�� ON a n1 10116l20D7 ADDENDUM#2 PAGE 2 OF 2 SPECIFICATIONS and CONTRACT DOCUMENTS For 2004 Capital Improvements Drainage Project Miscellaneous Structural Improvements -- Contract E Project No.: 00097 DOE No.: 4724 T/PW Project No.: C200531200 1270009783 File No.: S-0171 in THE CITY OF FORT WORTH, TEXAS Mike Moncrief Charles R Boswell Mayor City Manager ROBERT D. GOODE,P.E. A.DOUGLAS RADEMAKER,P.E. S.FRANK CRUMB,P.E. DIRECTOR,TRANSPORTATION DIRECTOR,DEPARTMENT OF DIRECTOR AND PUBLIC WORKS DEPARTMENT ENGINEERING WATER DEPARTMENT PREPARED BY: ��t\\��� OF Lockwood, Andrews &Newnam, Inc. 1320 South University Drive, `: � University Centre II—Suite 450 %'.'...... ..! J F7 Y SCOT .....] Z Fort Worth, Texas 76107 (817) 820-0420 N A 4 2007 t TABLE OF CONTENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2004 CAPITAL IMPROVEMENTS DRAINAGE PROJECT MISCELLANEOUS STRUCTURAL. IMPROVEMENTS-CONTRACT E SECTION A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS CONFLICT OF INTEREST DISCLOSURE PREVAILING WAGE RATE (TIPW&WTR) SPECIAL INSTRUCTIONS TO BIDDERS (TIPW DEPT.) SECTION B 1 PROPOSAL VENDORS COMPLIANCE TO STATE LAW FORT WORTH MBE/WBE POLICY SECTION C STANDARD SPECIFICATIONS SECTION D SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS SECTION E CERTIFICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CONTRACT CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION.LAWS SECTION F CONSTRUCTION DRAWINGS EASEMENT DRAWINGS ' Section A Notice to Bidders Comprehensive Notice to Bidders Conflict of Interest Disclosure Prevailing Wage Rate (T/PW & WTR) Special Instructions to Bidders (T/PW Dept.) i 7 1 i f k i i J NOTICE TO BIDDERS. Sealed ftmafs for the#allowing: FOR: 2004 Capital Improvements Drainage Project Miscellaneous Structural.improvements--Contract.E TIPw Proje.Ct_No..-C2005312001270009783 Addressed to Charles Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1.30 P.M_ Thursd@1 October 1.8 2007 and then.publicly opened.anc1 read aloud at 2:00 p.m., in the Council chambers. Plans, Specifications and Contract Documents for this project may be obtained at the affloe of the Qepartrnentc#Engineenng,Municipal Ofte 8uilding, 1000 Throckmorton Street, Fort Worth,Texas. Sets may be obtained an.a nonrefundable basis for thirty dollars($30.00) per set. Bidders are hereby informed that plans and specifications will be available-for pick-up Tuesday,July 31,2007. The.major work on the above-referenced project shall consist of the(approximate)following: Luther Channel Rehabiiitation(excavate existing concrete rip-rap and soil 362 CY,construct concrete channel liner and concrete access ramp 550 SY 6"concrete) Colonial Channel Ramp(excavate 330 CY and construct 67 CY 2'-12'high concrete retaining walls and ' 327 SY 6"concrete access ramp) Smithfield Creek Channel Ramp(excavate 68 CY and construct 9 CY 0.5-2'high concrete retaining walls and 124 SY O'concrete access ramp) A pre-bid conference will be hold on October 2,2007 in the T/PW conference room 270 at 11:30 am. For additional information, please contact Gopal Sahu, P.E., Project Manager, City of Fort Worth - Engineering Department at telephone number(817)392-7949 or by email: o al_sahu fortworth ov_or , and/or Jeff Ground, P.E., Project Manager, Lockwood,Andrews &Newnam, Inc, at(817) 020-0420 ext. 4131. Advertising Dates: September 13,2007 September 20 2007 COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: FOR: 2004 Capital Improvements Drainage Project Miscellaneous Structural Improvements—Contract E TIPW Project No.:C2005312001270009783 Addressed'to Mr. Charles Boswell, City Manager of the City of Fort Worth,Texas,will be received at the Purchasing Office until 1:30 P.M.,Thursday, October 18,2007, and then publicly opened and read aloud at 2.00 p.m., in the Council chambers. Plans,Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets may be obtained on a nonrefundable basis for thirty dollars($30A0)per set The documents contain additional information for prospective bidders. The major work on the above-referenced project shall consist of the(approximate)following: Luther Channel Rehabilitation(excavate existing concrete rip-rap and soil 362 CY, construct concrete channel liner and concrete access ramp 550 SY 6"concrete) Colonial Channel Ramp(excavate 330 CY and construct 67 CY 2'-12'high concrete retaining walls and 327 SY 6"concrete access ramp) Smithfield Creek Channel Ramp(excavate 68 CY and construct 9 CY 0.5-2'high concrete retaining walls and 124 SY 6"concrete access ramp) , Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. NOTICES A pie-bid conference will be held on October 2,2007 in the TIPW conference room 270 at 11:30 am. All bidders will be required to comply with Provision 5159a of nllemon's Annotated Civil Statutes of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as . amended to City Ordinance No. 7400 (Fort Worth City Code Sections 13 A-21 through 12-A 29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instruction to Bidders_ F 'the City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of contract, if made,will be within ninety(90)days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817)392 7910. Bidders shall not separate, detach, or remove any portion, segment, or sheets from the contract document at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. COMPREHENSIVE NOTICE TO BIDDERS (continued) In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the .participation of minority business enterprises and women business enterprises in City contracts_ A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBENVBE UTILIZATION FORM. SUBCONTRACTOR/SUPPLIER UTILIZATION. FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM with Documentation").and/or the JOINT VENTURE FORM as appropriats. The Documentation must be received by the managing department no later then 5:00 p.m., five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to who delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid, the Contractor is required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete will be rejected as being nonresponsive. The Contractor who submits the bid with the lowest price,will be the apparent successful bidder for the project. Bidders are herby informed that the Director of the Engineering Department reserves the fight to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth. The managing department for this project is the Department of Engineering. For additional information, please contact Gopal Sahu, P.E., Project Manager, City of Mort Worth Engineering Department at telephone number(817)392 7949 or by email:gopal.sahuQ-fortworthgov.org, and/or Jeff Ground,P.E., Project Manager, Lockwood,Andrews & Newnam, Inc. at(817) 820-0420 ext. 4134. CHARLES R. BOSWELL MARTY HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker.P. E Direct , Department of E-Qglneedhg B —/====ffe JohlKon,F.E.,Manager Department of Engineering Advertising Dates: September 13,2007 September 20,2007 1 l _ 1 CONFLICT OF INNI BRLST pISCL I!Rg Rg OIREMEN`I' j pursuant to Chapter 176 of the Local Government Cede,any person`or agent of a.pmson who cantrac:ts or seeks to contract for the sale orpurchme of property,goods,-or services with a local.govern cnQ entity(i.e..The City of Fort.Worth) must disclose in the Questionnaire Form CIQ f"Questionnaire")the person-s affiliationmu or business relationship that might cause a conflict of interest with the local govMmentat entity. By law,the Questionnaire must be filed with the Fort Worth City Sceretary nv later than seven.days after the date the person begins contract discussions or negotiations with the City,or submits an application or response to a request forproposals or 1}ids, , correspondence,or another writing related to a potential agreement with the City. E Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaireat Form ClQ form is also available at is enclosed with the submittal documents. The � i-#ta=lfww v.efhfcs.stafe.fx.us/fonns/CIQ- If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. - - - i 3 ' r p - i j i - r CONFLICT OF INTEREST QUESTIONNAIRE FORM -CIQ For vendor or other person doing lousiness with local governmental entity ? This questionnaire is being filed in accordance with chapter 176 of the Local OFFICEUSEONLY Government Code by a person doing business with the governmental entity. pate Received By law this-questionnaire must be Bled with.the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity_ 2 [ Checkthis box ifyou are filing an update to a previously riled questionnaire. i ("the law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September I of the yearforwhich an activity described in Section 176.006(a),Local Government Code.is pending and i not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) , , 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respectto expenditure of money. i 1 l t 4 Describe each affiliation or business relationship with a person who is a focal government:officer and who appoints or employs a local government officer of the local governmental entity that its the subject of this questionnaire. a j i l i i i 1 A.endnd 011T317006 [; CONFLICT OF INTEREST QUESTIONNAIRE FORM GIQ For vendor or other person doing business with local governmental entity Page 2 ' Name of local uovernment officarwith whom filer has affilitation or business relationship. (Comptetethis section only ifthe answerto A,B,orC is YES.) This section, item 8 including subparts A, B, C&D,must be completed for each officer with whore the filer has affiliation or business felafionship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxably:income from the filer of the � questionnaire? Yes F--jNo B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government I officer named in this section AND the taxable income is not from the local governmental entity? r FlYes E]No i i C. is the filer of this questionnaire affiliated with a corporation or other business entity that the local govemment officer serves as an officer or director,or holds an ownership of 10 percent or more? i Yes No a D. Describe each affiliation or business relationship. i i i 1 i s Describe any other affiliation or business relationship that might cause a conflict of interest. 1 k k 1 Signature of person doing business with the governmental entity Date 1 ` Amended OIAMO06 I Classifications Hrly Rts Classifications Hrly Rfs Airi'ooiOperator $10.06 Scraper Operator $11.42 1 Asphalt Raker $11.01 Servieer $12.32 Asphalt Shoveler" $8.80 Slip Form Machine Operator $12.33 Asphalt Distritautor Operator $13.99 Spreader Box Operator $10.92 FaPaving Machine Operator $12.78 Tractor operator,Crawler Type $12.60 Plant Weigher $14.15 Tractor operator,Pneumatic $12-91 r Sweeper Operator $9.88 Traveling Mixer Operator $12.03 r operator $13.22 Truck Driver-Single Axle(Light) $10.91 } r{Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 f f Finisher-Paving $12"85 Truck Driver-Tandem Axle Semi-Trailer $11.75 I 171nisher-Structures $13.27 Truck Driver-LowboylFloat $14.93 Paving Curtsing Mach.Oper. $12.00 Truck Driver-Transit Mix $12.08 2 Concrete Paying Finishing Mach.Oper. $13.63 Wagon Drift,Boring Machine,Post Hole Driller $14.00 Concrete Paving Joint Seater Oper. $12.50 Welder $13.57 Concrete Paving Saw Oper_ $13.66 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader Oper. $14.50 i Concrete Rubber $10-$4 Crane Clamshell,Backhoe,Derrick,Dragline,Shovel $14.12 Electrician $18,12 Flagger $8.43 Form Builder-Structures $11.63 Forin Setter Paving&Curbs $11.83 I 3 Foundation Drill Operator,Crawler Mounted $1167 Foundation Drill Operator,Truck Mounted $16.30 Front End loader $12.62 1 Laborer-Common $9,18 Laborer-Utility $10.85 Mechanic $1 g.97 Wiling Machine Operator,Fine Grade $11.83 Mboar Operator $11.68 Motor Grader Operator(Fine Grade) $15.20 } Motor Grader Operator,Rough Oiler $14.50 ff Painter,Structures $13.17 i Pavement Marking Machine Oper. $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.Self-Propelled Scraper $11.07 t Reinfording Steel Setter(Paving) $14.86 Reinforcing Steel Setter(Structure) $18.29 r i i SPECIAL INSTRIICT ON TO RLD)1l1JWS omANsPoRTA'r10N AND FUSLIC WORKS) 1. BID SJECVTtI., Cashier's uhtck or ws acccpiable bidder's bend poyabIt to the City of Forl Wolth. in an amount of not 1,-ss than lire(5°/rr.)per cent of the total ui'thc hid submRtcd nausf HrvarnI nny the bad.and is suhjeeI to forfeit fu the event the sueceisfuI bidder fails I execute the wontract&cUmetfts whin#en(10)days after the contnirt has been awarded. 'I'ds.ht:8t� :tGceptarble surety on tll�43ld bond, the�irr�ty rntrst fire aathar€aed to dds#susiucs� iu ih�stato of Tees. In addition. tha surety mast(1) hold a cxrtificate ofaknthorily Rant th+a Untied States necretary of the troHsury to quality as a surety on oblig-otiotky permittad or re€lu[red under federal law;or(2) hava obt ned reinsurance for any flabillty in$wv—s of$100,000 from'areinmzr r that iR autliorizecl and odmit;ed as a re insurer in the-state of Texss and is f1se�Wdor of B certi ficatc of authority. frum the Untied! Status secretury of the treasury to q Lial i(Y is a surety an ohligations permitted or nquired uradex Weral lux. Satisfactory prool'of any such reitysurrince shaII be provided to[lie City upon request. The City, in its sole d4urction.wall &%ermino the adcgncy or the proofmquimd herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder calcring In n contract for the work will lie rarquirerl 10 give tiro Oily sutcty in a Mum aqtajiI to the amasim of the contract aw4rdod_ In rhic conneciiaij, tlue successful bidder ghnII be required t{t furnish a performant4c hood and a pnymeiv bands, both in a guru cgun1 to the nmokant of the contract awardrAL 'tire 1brM ufilic bond shall be as herein provided and the xuraty shall be scceplahla to the City, A11 bands hmnis"d hereunder shalt meet the:requirements of Chaptir 2253,Text's Governmool Code_ in order for a sw-ety Io be acecpwblc to the City, t he surety rntmt{1) hold a cerl I ff:ate of Whorily frcfn the Untied S14W4 secretory of the trwUfy to gUaiily ns al nircty din nhiigations pertnittedl or rcquirrd rm%dsr laderal law; or (2) than ukaW aM reirk umnce for nray liability In nxeckq of $100.000 From a reinmLrer that i.s authorimd grad admitted as a rritisurff in the state of`Texas and is the holder of ceri€fle;ltc of authority from the Vnticd States secretnry of tho rrcr;sury to qualify as a ..qw-ay on obligations perni teed or required under federal faw. Satisfactory proof or Eny such reinsurance shall be provided to Lhc City npan request. The City; in its sole cliacretion, will determine tim adequacy of the proof rcquirW herein. The City w3Ii accept no sureties who are in dofault or deliliq=nt on any bands or whD Jsavn an interest in any litigation sgaiut[he City. Should any sure[y..on the cantniet bc deemined kirlrratigfaetvey o.t any tirne by the City, notice will be given [o tier; contractor to that effect and the Contractor shuli immedintely provide a new surety satisiactury to the City_ II`the contract amount Is %i excess of$25,000. a Payment Bond shall lie execrated, in Ih2 amount of Ihe: contract, solely for the pmtccticrru ofa11 cluimurris supplying labor aid imiterial;k in the prosecution of the w6rk_ 1f the contraO =aunt is in excess of 100,000, �i Performance Bond ,-rhaJI be execrtled. in the fidl awit of the ccmtrart conditioned on the faithlu] perform aom of the work in accordaluec with Ilse plaix% specificatlem, and contract.cloourncats. Sari bend Aha.11 aolety be Idr 11w protection of the'City of Fcut 1 ailli_ All contracts shall require a mninterinrrre boad. in the amount of one hundred perceat. (100%) of the original oontraot nuammi to guurentce Ih!u work for a pei ihxd of two(2)gears after the date a(acceptance of tlae project froth defects in worlattanobip andlar material, 3. LIQUIDAM) DAMAGES: Tha C:oritractar's attention is ea fled to part I, 1Lem A. paragrapli 9.6,of the"General Provisions"of the Standard Spec iticalions fr)r CanitrucU6 of the City of For( Worth, Texas, cancertting Ilquidritzd dunnage. for Idte completion ul'proicats. 4. AM BIG In cue cif ambiguity or lack of olramite s,in-stating pricts in the propwai, dre City "wves the right to adopt the most advantageous constnicrinn thereof to the City or to reject the propoW. S, EMPLOY All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7+400(Vert Wi)rdi City Cade SmItiogl 13-A-22 th Pugh t3,a-29)probihiting discrimination hi uniployment practices. 6, WAGE RATES: Section 8,li of lha Stnndard Speeifcwttioos for Street and .9toTm Drain Cons1Xnction is deleted mid replaced with the following: (a) T13o conhurztnr small comply with nll requirements of{;hairier 2 58, Texas Government Code, including tha payinont of not less thwi the;rates delerminud by dio City C.'ouucli of the City of Fort Wadh to be the prevailing wngc rates in acr;crrdnnca with Chapter 2258,TexaA Governmegt Code. Such prevailing wage rates nre included in these contract dimmments. 0) The contradnF mliall, for a period of three(3)years foflowing the dEite of aeccptarncc Df thG work,lnnuttnin records that show(1)the tkarite and occupation uf-each worker-ernp loyed by the coiArnotar in thin cut kstruelion o#ilia work pruvHod for in di Is canlraet; and (di tho actual pvr dicni wa&es Paid to each warker. These records shall be upon ai nll red unAle Hours for inspection by Ilse City.. 11e provisiuns.ofdie sprCial peavis ion#filled`"Right to Audit"pertain to this inspection. (c) The contrrtctor shall include.in its-�rabcSmtracts a.ndlor shall uiherwi9C require�dl aF iIs subaantractors to comply with par raphs(a)and(b)above- (d) With each partial payment essinaate or payroll piTriod,whichever is lesa,.an affidavit And rig that the contractnr has comp Had with the mquiramants-.of Chapter 2259,Texas.Goverrurtent Code. (P.) The auntractor shall.}lost[tie prevailing wage rates in'a conspicuous place at the site of-the projaut at all. tirfrsg_ Section 8.9 ofthe Standard Speoilication:k for 5treetand Storin Drain Construadon is-hereby deleted 7. FINANCIAL 9TATEME,NT: A curs t h�rlll,,d.fiasnaW stalenmenl may he requftad by the Ilepttnicnl of Enginacring iI`ri qufred tier use by tkoo CITY OV FORT WORTH in datcrmvung the sriccessfui bidder. This statement, if required, is to he prepared by an indepondunt Puhlic Accountimt holding a valid permit issued by rut upprupriatc State L.iu=iug Agency, 9, INS UR A NCE. Withi n I ca(10)days of recc ipt of notice of award of cor Tma, I he Cuntmctor Tnix�t provide, along with executed contract documents and appropriate ponds,proof of insurRn" For Wo is Comparisatioa and Comprohewdve rener,11 LiAility($oddly lnjuD+-S5flD.0110 wh per-�Ip», $1,000,000 each occurrence ($2,000,000 aggrepte limit);Property €Daninge-$250,(00 each occurrence). Tlse Cily roservos the rigtst to raquest any other iimwn ea coverages i3s may be rquired by Pach individual project. 9. ADDITIONAL INSURANCE REOUDUM NTS: The City. Its officers, nmpfoy6ts atud savanti shall be endorsed as an sddltional hisured wi antTactor's insurance pnliciex excepting emplay&�-iinhilify in.surant:e cuvarxge under CQntraMes workers'com{icusation insunhwe policy. 09A)I l04 2 h. Ccrtiiicatcc n€insuranr�shall bey duliverrci to tha City of Fort Warth,cearrtract admin[Orator in the respective dvparirncnt as sped iiod in the bid dQcurnerits, 1000 TP nlckmorloll Street,Foil Wortit,'rX 76102,prior to oiumcuce:tncut of work on tht contracted prajecI u. Any faiiure on part of the City la request reqttired insurance 4Guumcmation shell trot camdluw u tvaiveer of the: imu cc rirclrtirer taq spccifted horr4i, d. Each insurance policy shall ber on to provide:the City 4 minimum thirty days rloiice off' cancel Iiation, neon-rcrit}%ml.andJcar material changv.in p{aIicy lt!r ru or coverage. A ten days notice shall be acceptable in the event of non-pa)nnent of pre mium, c- Insurers mutt be authorized to do business in the Stato of Texas mid hive a Qurrent A.M. Best raliftg of A:.VR or equivalent me:asura of financlaI.strength and solvency. f, Deductible limlt,3, or self-€funded retention limits, on civb poll ay m+gt not exceed 31 Ot()0 J 00 per occurr nev unless udrerwi2�e approved by the City- g. Othar than wnrker's compensation insurance, in lieu of traditinnal in-gica eu,City tnay consider n1tomitlive:covurage or risk treatrnunt rnuasureg 1hrougli hisurance pools or rick retention grotIps. The City mast appr€tve in wrifing any a€ternaliwe coverage. It. Wurkors'aumpentation Imi kra cc policy(&)covering employees employdel'on the projcrt slialI be. endarscd with n waivtrr of subrogation larreviding rights a1'reWVM in 1'bv"of the.City, i. City Aiall not be respw No for the d iree:t payure:uc bf Irksurance:premium costa i'or contractor's iasuramz. j. Comnwtoes insurance policie'5shell ouch be cttdorsdd to provide diiit such insurance is priniary protection and any self f coded or commercial c9verage mainmined by City shall not be:culind upon to caretribute to loss reeovecy, k, hi the course of the prefect,Contractor stall repoit, in a tiniely munucr, to City's officially designaW contract administwor rrny known loss acctrr,rence which could give rise to a liability claim or lawsuit or which could result in a pruperly lass. Contractor's IiubiUty A 311 nal be limited to the�peritLed amounts ot`"uranco required herein. m- Upon lho teeth of City, Contracw shall provide Oomplate copies of all insurance policies required by thm contract documents. 10, NONRE DENT H DDE R : PumminI 1P Artkle 601 g,T��tr Rimvised CMl Stiltutes, the City of Forl Words will uut award this contrai:I to a nort resident bidder unless the nonresidemt'a bid N lower than the lowe..at bid Hubmitted by a responsih[L Texas rf s1detrt bidder by tltc satuc amount that a Texas resident bidder wouId be required to underbid a nDm w9idcrtl bidder to erblain a compa>rabl£contract ui the-ARlo itr which the nosiresicle:nt's principal place of bmbiess is laeated. "i onre�itSQRt bidder"rt mums n hidder whose prior,;pal place of business is rm]t in this state, btM excludes a contractor whose ultimate parent eormp ny or nia jority owner has its princ ipat place-q f business in I his stale. "Texrss resident bidder"tmcans a bidder whmn-prinr*1 place:of huminoss is lee this stale,alid includes in contractor whoga ultimate parent compauy or nnsjwity oivnar Puts its principal place of b"lncvq in tV-i Ma Ie. 09/0 014 3 This provision dog s not apply IF this con"ut Involves F6deral funds, The appropriate blanks.of the ProposM must be 61led otrt by al I non Yes ideat bidders in crdcr lar i is N4 to meet spcifii;ations. Tho failure 0I'a penresiclerit coigmcinr to do so vwilI autumatically.disqualify that bidder. II. M)NOR1TY AND WO74 E N B(IS INESSi EN"l'E"RISU, . In u ar~cord with City of Part Worth )r( inance No. 15530,the City of Fort Worth has gaols for the psrtic1patioa of minority business coterpriges and worneki business critorprises i.rt City contracts, A copy of the Ordinsace can be obtained from the Office of the City Sec7etary_ Tile Bidder shall submit the KBFJWBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAWER FORM, anchor the 0001) FAITH EPPORT F0"I ("witb Documentation") anWor titeJOINT VF3hiTURL FORM as appropriate, The Ductuncntatiou must be received by tho managing department no later than 5:00 p.m.t iivrr(5)City business drays after I ho bid op6mIng d8tr_ 'M6 bidder shall obtain a rece ipt From the appreputaf: crnpluyec of the managhig department to wharn dolivory was made. Such receipt shall be evidonce that the docurneatalion was received by. the CIEy, Failure to comply shall render tho hkI tzarr-respppsivc_ Upon request, Contractor agrees w provide the owner eompietc and accurate information regarding acturfl work porformed by a minority bushwss enterprise (M55) and/or women business enterprise (y BE)on the contrnct and payment Iherwf_ Contractor further agrees to parmll any audit and/or examination of any books, records or files In its possession that will suLtislwitiule the act" work performed by err F an&or W132, The misrepresenl3lien of fans (niher than rt negligent misrf,presentarion) anrllor comma&gign of fraud by tho C ontractcr will be groan& for 18rmination of the contact and/or initiating action under nppfoprlwc FedeNl, Slate ur local laws or ordinances relating ut false staternonts. Furlher, any such misrepresentation facis (rrthor than n nugligml misrepresentation) anchor commission of fraud will result in The Cantrnctor being determined to be irresponaible urtd barrod f3om participating in City work for a period oftirneofnot laser that tierce(3)years.. 12, AWAR1D OF CONTRACT:Qrmruct will be awnrdad to tho IDwest respovsiw bidder. The City reserves the right two reject any a ndlor nil bids and waive any and/or al irrago larities. No bid ffay be wlthdrawn wtitll the expiration of nine ty+(90)days from the data the MIWIBE UTIL12ATION FORM. PRIME CONTRACTOR WAIVER FORM,GOOD FAITII EFFORT FORM,zmdlor the JOINT VENTURE FOlLM("Doc&nontntioif')aR appropririto is n educe!by tiie City, The awaM ofcoritract, it made,will be within ninety(90)days after this doctrnientatinPi is received, but in no rase will the award be made until all the resporisibillty uriho blddcr to whunt Jt is proposed to award the unrttrrsel has bee" writ;text 13. PAY14lENT: The Con"Oor will receive full Payment(rninns re(11inage)/miff life City For all work For rarh JkaY period. l' yinent of the remaining trrri0urii shall he atado.tuitlt the fatal payment, and upon acceptance of the project. id. A01)ENDA: bidders are responsible for ohtaining rill addenda to the contract documents prier I tht bid recvipt time.and acknowledging them at the timr-of hid reculpt, information regarding the status of nddenda may be obtained by contacting the plans desk-of tlte Deptirtment of Enginauring C o stmedon Div isinri at(817) 87127910, Bids that so not ackrrowladge F01 applicable addenda may be re}ecttA as non-resports iyo. 15. CONTRACTOR CCli1rIPI,lr1JYCJF: WITH y�20RIrC.CR'S COMPENSATION LAW; A. Workers Ccrmlrenaafion lnsismace ['overage a. MfFnitions: 09111104 �I Cetxain arcover-age("eerlifiuW'),A copy n1'a cvrlificale 0f insurance, a certificate oP authority to self instare.issucd by thi,commission,or n uoverage agt:enient(T CC-S i, TWCC-82,TWCC-83,a 7WCC-84),showing statutory work-er's compensation insurance, coverage-for The persott.'s or entity's employees providing services on a project, ror the duration of tho project_ Duration of Ihu proj"l-includes the Urne Rom tho btginniug of the w{ark on the prgicot until The contractarWpersoa's work on the pmject htaa been completed and acceplcd by Ihu govo;n iunlid{nutty. Persons providing services on the project C`subcontraetor"in Pi0&096}-eludes all persons or enlitics perfom)ing all arparl ofthc services the uuntrsctor has tmdertalcen to perform on the project,regard€ass of whelhur Ihat puxrgan corllractcd directly with thi+uoutractor and regardless of whether that person has employees. 'l WS inc tv&S,wilhout I[Mil ation, indcpondont cgntx+autum stihcontracaors, leasing companies, motor carriers,owner-operstors, employees of any such entity,or employees of any entity w4ich fumta tc;parsuus to provide services ran the project, "Services"include, without li[Atation, providing, hauling,.or doliycritig equipment or materials, or providing 6hor, transportation,or toner services related to a project. "Services" does nol include activities unrobted to fire projeM smh as foudlbev&age vend{x�s, oMco.supply dot-iverie�r,and delivery of portable toilets. L.. The r;outr,actor mall provided coverage, based on proper reporting of clirsslficatlon codes -aad payroll amountci and filing ol`uny covor�gc 1 gmCmcnts, Which rawetit the statutory requimwen is of T&as Lsthor Cade, Section 40 LO 11 (44)ova]I employees 01-The oorltraelar providing services rail Ilie proje.d. for tfie duration of dte prn]ect. c. The Carttracfur mug provide a certfficafe ureaverage to the governnwntaI endty prior to Toeing awArded ft wnlma. d. if the coverage period shown on the c,nntrttcter'starm-41 vcrlI fic$le VfcoYvP#gge ends during the durutiun Oftlic ptajrrt,tier conlncrtor muss,prior to the end orlhe Coverage period, rile a new ceTtiiicale of covero.go%vide the governmental ontity showing [hut coverage has been extended. e_ -11w contractor shall obtak from each person prov Wing s ricas on n project. and provide to the governmoots4l otxti#y: (1) a certffic�te of coverage, prior io WiE person h,eginning work pan the project, si3 the go^vern.ruentaI entity will have on file certilicstes of rayeraW shoving coverage rtar al pumnns providira-sort kcs on the project;and (2) no later than soven dttys aftol-receipt by Tire wtanht3ot{}r, tj now cai-W Irma ofeavcrage showiug extrnsiun orceverrage,if the coverage period shown on the current uarlif€cate ofcvvorage mots daring tho d r,ai an of'the project. f, Tlie contmc;tar shall retain all requ trod ceriipuates ufcom,i, ga for I1w duration ofLhe grtajnet and for one yrrtr thoreuiter g. Thu contractarAMI taratify the govoinmcntaI&,miry hi writing by cp-r€itied nta.11 or persoual del ivmy,within ten (10)days otter the contractor knew or slaouId have known, of any chnnge that maternally itMas the provision of coverage of any person providing services on the project. 09JO 1/04 5 h. Tho contractor abalI post an each protect site a nodua,in tho text, form and manner prosezibed by fhe Tcxa� Worker's Comp k-motion C'.onunission, infoitining all persons providing-qcrvir-e5 on the preject that Ihey are required to be coveted,and stating hexer a palmon tnny verify covertige and report lack of coverage, i. 'I'l,,courra r(or Min11 caniracwally require-each person with whom if cpntmd to proidea '=Vices on a}rrajcct,la, (1) provide(joveTage, based van proper rcrpari on rWsarirjoatioit codas and pnyro l amounts,and filing of nay cover a ogreetnenrs, whirih rneels the'statutory rcquira<Fnnrtis ofToxaas labor Code,Sect imi 401.011 (44) Ior all of its ciaPIoyccs ptiuviding services on the projeel, !or the donation of the project; (2) provide to Iher contractor,prior to that person beginning work on the project, a certificate of coverage shoxwhig that coverage Is being provided for all employees or the person prQviding services tin the project. for the duration of Iho proitcl; (3) provide the conlmaer, prior to th+"end of the coverage period, a now c{at'tirtcate-of coverage showing extension of'coveLrage, if the coverage petied drown on the current cortliiogie.nf coverage ends.dutbg-the duration crf Ilie project; (4) cb%in from each urher person'With whorK it c6ntta dg,and provide to the contractor, (a) u cortllicwt- of tovt,rage, prior to the offiar potion beginning wurk 0ri I1W project and (ix) a now certificate ofwverage showing extension ofcnvcragc, prier In khe:end of tiro coverage perhDd, ff the coverage period�ha wn on die current a vrtifkalc of Covenigo eprd.R dwring I duriaiun of the p>;ofect; (5) a-etain all required coil ificates ofcovoragc ou flle for the durallnti of the prrrjact and far one year thereafter.. (6) riotif�the govemneawI entity in wiring by certiflod inaiI or personal delivery,within foil (10)days Our the person knew or sliould linvu krrS", orany char)go that materially affects the pwvision orcovorage ofuay person providingservices an-the project, and (7) contrxcWally roi{rkire as h person Wilh whore it c6ntrac1s, to puriorm its requia'ed by paragraphs(1)-(7), with the certificaues of covorager Io be provided ID the patson for whom they are providing agt'vievs, j. By signing 1hiA i vomlmet or providing or caasi ng to bo provide'd W ecru tacnto of 1'~Pvcrnge, the contractor is representing to the govaainn ntii entity i hal al l employees of the c{,rEtractOr�1ho Will provide scram on the proj�l will bo covcrnd try wtrrker's compematian coverage for the duration of the project.#hat tare cavumge %vill be ba}5ed au prnper rcpnrling of rkim[iir,alion conies and payroll ttmuurts, end That all cove"ge agreements will be filed with the aplarqpriate insurance carrier or, in the case of.auself insured, with the cowmission's Division of Self-lttsursnce Regulation. Proyiding false or rnislea3tiing information may subject the rcontmvtvr to administrative; crirninail,civil penalties or other oiviI actions. 44{U t1Qd 6 It- The ermtrncw's failure to comply with any of these provisions is a breneh pf contract by the cointractor dtics not remedy die bivsch within town days after receipt ar not ice(Irbreach kom the govemmontal"thy- R. The contiEtGtor shalt last n notice in each project site itnForming al persons providin&services on-the prof ect that they are required to be covore�d, and stating haw a person nosy verify.eunreuL c5omage and report railure to provido coyemge. ' hk.nnotiro dries not su(i�Iy otlaer pasting mqoirmvnts imposed by the Texas Werkor's Compensation Act or other Texas Worker's Compensation Commission rules. 'this notice crust be printed with a-title un at lead 30 point bold type and text in$[least i�paint marina type, and shall bo in both Engli2th And Spanish and auy other laiaguagte common to the wor or population. The text for the not ices shall be tho l5b]lowing text. without any additional words or cluunges: "REQUIR.ED WORKEWS COM'EIdSA IMN Q)VERAGF- The law requires Ilrat ea6i persua warkiug on this site or pruvid4 wry ica related to this varwrucfion proji0o must bn CC)VCrecl by worker"Com PC!nsgtirrli insurancc.This innoludm peranong providing, hauling or del lywing equipment nr runtt:riais,or providing labor or Irtunsportation cr other service related tp the. projeel,rcgardI=of the Mendty of their emptuyer or sta[us as an cmployee'. Call the Texas Worltcr'L�Compensation C:nrnmisskin Fit 512A40-3789 to receive ir0brrnutioin on tho local requirement for covernge, la verify whether yolir empfoyor has provided the required wvemge, or to report an employer's Failure to provide cover a". 16- NON DISCRMI NAT ION The oanntrarEor shaft nat diserim in nato against any persotn or pasmm bccau&l�ur�Mx, ra(.*,religion,Color.Or national origin and sbo11 comply.►vM the provisions of City. Ordinance 7278, na ameuded by City Ord'anance-7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrhydnatton fn cnspltjynna:n(practices. 17, AG E D15C'RIMTNATIONN In ucot}rclance With 111e paliq(11Policy")of rho Executive Branch of tine federal government,contractor covenant; drat neiIher it nar any of its officers, minder,agents, or onnlnluyees.will engage inn perlorrning thin contract.slut!], itn c:onnectiu n with the Umploymenl, add. ncement ordhuharge ofempluywK or in aaunection with the terms,conditions ar priAleges of their empla nienr,d iscrhun mate against person because 6E die it age except on Lkc basl3 of a horla fi de twCupati0011I qualifirtation, ittlrtmunt plan nr slartearyFr uircment. Contractor Bather suvenants tlsat tneilher it nor its ufiicers, mernbum, agents,-or employee;,or pgi!sain actintg on tineir l�etnalr, shall si3eciFy, in sohoitntiDns'or advertisements for empluyt=to work on thiq Cyan o,a maxitnum nge limit for such ompIoyment unless the spaeified maximum age limit is.based upon a bona fide occupaticuial cpialiticnnrion,rctirernenf plan ar-stintutery(reg3xJrennent. Contractor warrants it will fully. comply with the Policy and will defend,indemnify and hold City hi$rntl s against any Enid all claims or all:gatioos assorted by third parties nagaiust' ity arising out or Convector's alleged fhilw-e to comply wiIln the above referenced Policy concerning age discrimination in the Peri'r,rrnance OIL thisCOO ract. 1R, DI CRIMINA1TION DUE TO DISABILITY. In nccurdanva with the provisions oEtlna Amaricans with]Ji abilities 1+o of 1990("ADA'J, Contractor w.arratits Omt iI will not Lm law rkiHy d iscHininatu orf the Wit. of disability is the pmvisian ofsurvicea.try lt general puhlit�, nor in the avntihalsilrty, Iemis nod/or conditiom oremployinetil for applic,ka its ror euoployunernI with,or curreat employees ur Contractor, Carl elor wa mis it witl I'utly comply with ADA'i priwision,e Intl any other a pp]icnble fedeml sFrat and local laws concerning disability and will defend fnde3nnify and hold City hmanIcss against any Liloinns or allegations aLuetled by third parties against City arising Out of Contractar's alleged taiftnre to comply with tine above-referenced haws con c�roinng disability dtscruuinuticn in rho purf'ormantco or this{.`crnlrad. OWO 1Jib} 7 I P. PROGRESS PAYMENTS,FINAL PAY MANT, PROJECT ACCE FTANCE ANU ARR NTY: a- Tito canlrec tar will rreeive:fu1 J payment.(Less re m inage) from The city For each pay pariad. h. Psymcat of the relatnarp will be included with the Ciro] payment offer accaptancv of the project as Wing cumplete. c. The ProjacE ShatI be deafncd Cvmpiete urid ao pMd by-Jhe City as orthe date the f"mal punch list has been completed,as evidenced by a v ittrwn's semen[signed by the contractor and the City- d_ Tire warranty pariod shrill begin as of the date Ihdt the final punch list Jim been conipieted- e- Bills gall Aff' vi[and CuFisen[of Surety shall by required prior to Final payment hecuming due and payable. E In the avant ft fhe MW Paid A ffi Iavft AM C ansent afSurety have been delivered to the city Fuld dicer In a diNpule regarding(i) final quan[ities,or(ii)liquidated ctmiagcs,city dials make a progress pay=x n[irk the amount flint city&wi.% due and payable. g, in the even ora disp{Mte regarding ei# ur final quantWn or liq{iidatvd dwna,gei, [lie partie--,KliAlI atlempi to resolve tho dilYmmnrzas Within 30 k'nluudar days, 09M 1104 8 Section B Proposal Vendors Compliance to,State Law Fort Worth MBE/WBE Policy PROPOSAL TO: CHARLES R. BOSWELL City Manager Fort Worth, Texas RE: 2004 Capital Improvements Drainage Project Miscellaneous Structural Improvements — Contract E DOE No.: 4724 T/PW Project No.: C200531200 1270009783 Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. The Contractor must be pre-qualified in accordance with the Transportation and Public Works Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the City Council, the bidder binds himself to execute a contract and furnish Performance, Maintenance and Payment Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. (Furnish and install, including all appurtenant work, complete in place, the following items.) ITEM APPROX. UNITS DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN TOTAL NO. UNITS IN WORDS/UNIT PRICES AMOUNT 1 338 CY UNCLASSIFIED TRENCH EXCAVATION & BACKFILL (BID-00101), including all materials, labor and equipment, complete in place for sum of ` Dollars UKJ Cents ($ >00 ,per cubic yard $ �2 2 315 SY PAVEMENT-CONCRETE — DEMOLITION AND REMOVAL, (BID-d0457), including all materials, labor and equipment,complete in place for the sum of Dollars Cents ($ l �,per square yard $ � , ITEM APPROX. UNITS DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN TOTAL. NO. UNITS IN WORDS/UNIT PRICES AMOUNT 3 112 CY CHANNEL -- UNCLASSIFIED EXCAVATION — REMOVE (1111300065), including all materials, labor and equipment, complete in place for the sum of: .__ Dollars Cents ($ ),per cubic yard $ �.Q� 4 9 CY REINFORCED CONCRETE RETAINING WALLS (0'-6" TO 2'-0" HEIGHT) Class "A', 3,000 psi (BID-0041 la), including all materials, labor and equipment, complete in place for the sum of Dollars 1110 Cents J� ($ ),per cubic yard $ s�i v"00 5 23 CY REINFORCED CONCRETE RETAINING WALLS (2'-1" TO 5'-0" HEIGHT), Class "S", 3,600 psi (BID-00411b), including all materials, labor and equipment, complete in place for the sum of: _ � - Dollars " Cents !t, t►�7 1 14®w.C- ),per cubic yard 6 59 CY REINFORCED CONCRETE RETAINING WALLS (5'-1"TO 12'-0"HEIGHT), Class"S", 3,600 psi(BID-0041 Ic),including all materials, labor and equipment, complete in place for the sum of Dollars Cents ($ e�� ,per cubic yard Q 7 196 LF RETAINING WALL — REMOVE (BID00412), including all materials, labor and equipment, complete in place for the sum of. Dollars Cents per linear foot $ ®r �� 8 210 SY 6" REINFORCED CONCRETE ACCESS ROAD, Class "A", 3,600 psi (BID-00450), including all materials, labor and equipment,complete in�place for the sum of Dollars 1 Cents {$ I® ),per square yard ITEM APPROX. UNITS DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN TOTAL NO. UNITS IN WORDS/UNIT PRICES AMOUNT 9 145 CY 6" REINFORCED CONCRETE RIPRAP CHANNEL SIDES/ BOTTOM, Class "A", 3,000 psi, with #3 bars on 24" c-c ew (BID-00064), including all materials, labor and equipment, complete in place for the sum of: Dollars INM _ Cents ),per cubic yard y $ ]0 388 SY 6" REINFORCED CONCRETE RAMP, Class "C", 3,600 psi (BID-00429), including all materials, labor and equipment, complete in place for the sum of. Dollars Cents {$ ®�P� ,per square yard ,....._....� 11 7 TON HMAC TRANSITION/PAVEMENT REPAIR, including prime coat and tack coat (BID-00471), complete in place for the sum of , v42 Dollars Cents ($ za ),per ton 12 246 SY BERMUDA OR ST. AUGUSTINE BLOCK SODDING (BID- 00132) to match existing ground cover, including hauling, placement,and watering,complete in place for the sum of- Dollars Aw J-tl� Cents ($ ),per square yard $ l� 13 21 CY ROCK GABION MATRESS (BID-00092), including all materials, labor and equipment, complete in place for the sum of: Dollars Cents vo ($ 3. Q ,per cubic yard 14 22 CY ROCK GABION BASKET(BID00067),including all materials, labor and equipment,complete in place for the sum of 4-4W Dollars Cents ($'5 5.`'0 ),per cubic yard $ L4 /0 L)0 15 118 LF 6' CHAIN LINK FENCE (BID-00128) including all materials, labor and equipment,complete in place for the sum of Dollars Cents ($ ),per linear foot — ITEM APPROX. UNITS DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN TOTAL NO. UNITS IN WORDS/UNIT PRICES AMOUNT 16 2 EA 8' CHAIN LINK SWING GATE (BID-00128a), including all materials, labor and equipment, complete in place for the sum of- Dollars r Dollars Cents ($�,per each $ 17 2 EA 12' CHAIN LINK SWING GATE (BID-00128b), including all materials, labor and equipment, complete in place for the sum of: Dollars Cents OV per each $ ' 18 2 EA 6' WOOD STOCKADE GATE (BID-00129a) with galvanized metal framing and posts, including all materials, labor and equipment,complete in place for the sum of. Dollars Cents ($ .?fir 3,per each $ LIM 19 81 LF 6' WOOD STOCKADE FENCE (BID-00129), including all materials, labor and equipment, complete in place for the sum of: Z' *" Dollars � Cents ($ ,per Iinear foot $ �' � 20 3 EA PROJECT SIGN (BID-00504), including all labor, materials and equipment to construct and set one project sign at each site, complete in place for the sum of 1L y Dollars Cents ( ,per each $ �J 21 163 LF TRENCH SAFETY(BID-00372), including plan design, report preparation, all utility conduit installation regardless of depth and retaining walls measured in the Field greater than 4'-0", complete in place for the sum of. Dollars Cents ($ dam,per linear foot $ r ITEM AP ROX. DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN TOTAL NO. UNITS UNITS IN WORDS 1 UNIT PRICES AMOUNT 22 3 LS STORM WATER POLLUTION PREVENTION (BID-00099), including temporary erosion, sediment, and water pollution control, and including silt fence, hay bales, inlet protection and other means and removal, complete in place for the sum of: IKI� �.tYl -tct , Dollars Cents ($` 00 , per lump sum $_Z1VD rw 23 1 LS UTILITY ADJUSTMENTS (BID-00414), as determined by the engineer for the sum of Dollars Cents ($ A , maximum per total written work authorizations 24 43 SY CONCRETE RIP-RAP DEMOLITION AND REMOVAL, (BID00093), including all materials, labor and equipment, complete in place for the sum of Dollars Cents ($ 00 3,per square yard & wa 0e) 25 65 LF FENCE REMOVAL (BID00127), including all materials, Iabor i and equipment,complete in place for the sum of: Dollars Cents ($ �•� ),per linear foot $ *55, 00 26 2 EA MANHOLE ADJUSTMENT (.BID00$49), including all materials, labor and equipment, complete in place for the sum of: �.14 eL:: Dollars Cents ($ ,per eachr�� 27 100 LF SILICON JOINT SEALANT — FOR CRACK SEALING ON THE NORTH SIDE OF LUTHER CHANNEL (BID-00460), including all materials, labor and equipment, complete in place i for the sum of: }�~" Dollars Cents ($ tQ�9� ),per Iinear foot I TOTAL AMOUNT $_ Id W. (Bid Items 1-27) PROPOSAL (continued) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, 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 No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 90 calendar days after beginning construction as set forth in the written order to be furnished by the Owner (Complete A or B below, as applicable :) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The prin ipa place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 612 (SEAL) If Bidder is Corporation Addendum No. 2 Addendum No. 3 Respectfully submitted, By: Title: 5 Address: Phone: 617-73 9 3 ZCO Fax: 73 t<' Z&3, VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative-to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of--state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of--state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident-bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: YtL��®1i2t�tC: l�r'I _By: Company (Please print) 633t Signature: Address nt 60P-, -rX , Z Title: PSZSJ V,rri i City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION ATTACHMENT 1A i Page FORT WORTH City of Fort Worth of4 Subcontlractors/SuRp,liers Utilization Fovra PRIME COMPANY NAME: Check applicable black to describe prime BURNSCO CONSTRUCTION,INC. PROJECT NAME: MNU/DBE X NON-MMI/DBE � ! 2004 CAPITAL IMPROVEMENTS DRAINAGE PROJECT BID DATE MISCELLANEOUS STRUCTURAL IMPROVEMENTS—CONTRACT E DOE NO.:4724 OCTOBER 18,2007 City's MANSE Project Goal: Prime's MANDE Project Utilization: TIPW PROJECT NUMBER 14% 14.2%u C200531200 1270009783 f Identify all aubcontractovs/supplieru you will uSe on this project Failure to complete this form, in its entirety with requested docurnentalion, 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 bill being considered nori-respansive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MJWBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth_ The intentional and/or knowing misrepresentatlori of facts is grounds for consideration of disqualib tion-and +gill result in the bid being considered non-responsive to bid specifications I 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 laid. 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 be#ow the prime contfac€or, i.e.. a direct i payment from the prime contractor to a subcontractor is considered I`tier, a payment by a subcontractor to Its suppller is considered 211'tier ALL MIWBES 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(MIWBE). if hauling services are utilized, the prime will be given credit as long as the MIWBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MIWBE may lease trucks from another / VBE firm, including M aEowner-operators, and receive full M/WBE credit. The M/VV13E may lease trucks from non-MIWBEs. Including owner-operators, but will only receive credit for the fees and commissions earned Py the MAVOE as outlined in the lease ag reement. Rev.5/30/03 i ATTACHMENT IA Page 2 of 4 ? FORT WORTH j Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MNVBE firms first, use additional sheets if necessary. Certification N (chec(one) a SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M w C X m Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D bu E E R O fr C T E A COWTOWN REDI MIX, INC. REDI MIX $28,000.00 P.O. BOX 162327 CONCRETE i FORT WORTH, TX 76161 817-759-1919 817-759-1716 i i REBAR SERVICE & 1 X REBAR $8,000.00 ' SUPPLY CO., INC. 1390 GILLMAN ROAD 7 KENNEDALE, TX 76060 817-483-4803 817-483-8418 Y t SUPREME SAWING & SEAL 1 X CONCRETE $500.00 P.O. BOX 800596 SAWING & BALCH SPRINGS, TX 75180 SEALING 972-557-9858 972-226 2418 RICOCHET FUEL 1 X FUEL $500.00 DISTRIBUTORS, INC. 1201 ROYAL PARKWAY EULESS, TX 76040 817-268-5910 817-282-7497 s BURTON TRUCKING 1 X HAULING $9,000.00 P.O. BOX 39 KELLER, TX 76244 817-379-1517 817-379-1845 3 i r Rev.5/30103 TWORTH VOR� ATTACHMENT4A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WI3Es. Please list M/WBE firms first, use additional sheets if necessary. Certification hJ (check one) ° I SUBCONTRACTORISUPPLIER T n Company Name i L Detail DetailAddress e M w A Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r a BE E QE BURTON TRUCKING 1 X AGGREGATES $1,000.0� P.O. BOX 39 KELLER, TX 76244 817-379-1517 s 817-379-1845 { I i i I i I 1 Rev.5/30/03 FORT WORTH ATTACHMENT I Page 4 of 4 I Total Dollar Amount of M/WBE Subcontractors/Suppliers $37,000.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $109000.00 TOTAL OOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $47,004.00 The Contractor will not make additions, deletions, or substitutions to this certified Jist without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of ChangeelAddition. Ally unjustified change or deletion shalt be a material breach of oontract and may result in debarment in accord with the procedures outlined in the ordinance, The contractor shall submit a detaifed explanation of how the requested changeladdition or deletion will affect the committed MI VBE goal. If the detail explanabon Is not submitted, it will affect the final ccrnpliance€ieterminatlon. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, i complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the 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. JOHN BURNS uthorize nature Printed Signature ' A a Title Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address SENOR IX 76132 City/State/Zip 9LII23�Q7_ . Date Rev.5/30/03 Section C Standard Specifications 1) Standard Specifications for Street and Storm Drain.Construction; City of Fort Worth(T/PW Dept.) 2) Public Works Construction Standards; North Central Texas (NCTCOG) Section D Special Provisions for Street and Storm Drain Improvements i SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents LSCOPE OF WORK...................................................................................................................................SP-4 2. AWARD OF CONTRACT.......................................................................................................................SP-4 3. PRECONSTRUCTION CONFERENCE..................................................................................................SP-4 4. EXAMINATION OF SITE ......................................................................................................................SP-4 5. BID SUBMITTAL.................................................................................................<..................................SP-5 6. WATER FOR CONSTRUCTION............................................................................................................SP-5 7. SANITARY FACILITIES FOR WORKMERS........................................................................................SP-5 8. PAYMENT...,,.--.,,.,... ......................-.......... ....................... .......___.......... ...............................SP-5 9. SUBSIDIARY WORK................ ...... ..SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC............. .................. ............................ .....................-...............................SP-5 11. WAGE RATES.........................................................................................................................................SP-5 12, EXISTING UTILITIES.............................................................................................................................SP-S 13. PARKWAY CONSTRUCTION...............................................................................................................SP-5 14, MATERLAL STORAGE...........................................................................................................................SP-5 15, PROTECTION OF EXISTING UTILITIES ANDIMPROVEMENTS........................:_.............................,................_.............,..........,........................SP-6 16. INCREASE OR DECREASE IN QUANTITIES......................................................................................SP-6 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..........................................................SP-6 18, EQUAL EMPLOYMENT PROVISIONS................................................................................................SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (MlWBE)COMPLIANCE........ ...........................................................................................................SP-7 20. FINAL CLEAN UP...................................................................................................................................SP-8 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATIONLAW...............................................................................................__...,.....................SP-8 22. SUBSTITUTIONS.,..............,.............................................-......._......._.................,...................................SP-11 23. MECHANICS AND MATERIALSMEN'S LIEN....................................................................................SP--11 24. WORK ORDER DELAY .........................................................................................................................SP-11 25. WORKING DAYS ...................................................................................................................................SP-1 l 26, RIGHT TO ABANDON...........................................................................................................................SP-11 27. CONSTRUCTION SPECIFICATIONS ...................................................................................................SP-11 28. MAINTENANCE STATEMENT ............................................................................................................SP-I 1 29, DELAYS ........................................................................................ ...........................................SP-11 30. DETOURS AND BARRICADES ............................................................................................................SP-12 31. DISPOSAL OF SPOIL(FILL MATERIAL. ..............................................................................................SP-12 32. QUALITY CONTROL TESTING ...........................................................................................................SP-12 33. PROPERTY ACCESS.............................................................................................................................<SP-13 34, SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ____...<..................................SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS .............................................................................SP-13 36. RIGHT TO AUDIT ..........................................................................................................<...:..................,SP-13 37. CONSTRUCTION STAKES ..................................................................................................................SP-14 38. LOCATION OF NEW WALKS AND DRIVEWAYS ...........................................................................SP-14 39. EARLY WARNING SYSTEM FOR CONSTRUCTION.........................................................................SP-14 40. AIR POLLUTION WATCH DAYS..................___................................................................................SP-15 01/09/07 Sp-1 SPECIE PROVISIONS FOR STREET,AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 67, PAY ITEM-TRENCH EXCAVATION AND BACKFILL ....................................................................SP-15 41. PAY ITEM-CONCRETE&ASPHALT PAVEMENT EXCAVATION...............................................SP-15 42. PAY ITEM-UNCLASSIFIED CHANNEL EXCAVATION.................................................................SP-16 45, PAY ITEM-RETAINING WALL...........................................................................................................SP-20 59. PAY ITEM-REMOVE AND REPLACE FENCE...............................................................................__.,SP-23 68. PAY ITEM-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN I ACRE)....................................................................SP-25 70. PAY ITEM-MANHOLE ADJUSTMENT............. ......................... ......... ....____......_...........­.......SP-27 43. NON PAY ITEM- SILICONE JOINT SEALING__......_.................. ............ ..............................__SP-16 44. NON PAY ITEM- 7"CONCRETE CURB..........................................................................,..................SP-19 46. NON PAY ITEM- REPLACE EXIST.CURB AND GUTTER..............................................................SP-20 47. NON PAY ITEM- HMAC TRANSITION..............................................................................................SP20 48. NON PAY ITEM- 6"PIPE SUBDRAIN...........................•.........................._.,_......................................SP20 49. NON PAY ITEM- TRENCH SAFETY...................................................................._._.....................SP-20 % NON PAY ITEM-8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION.......................................................................•-._.........._..,._..................SP-21 5 L NON PAY ITEM- 6"HMAC PAVEMENT(THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES)..................................................................................................................SP-21 52. NON PAY ITEM CONCRETE FLAT WORK(CURB,CURB&GUTTER,SIDEWALKS, LEADWALKS,WHEELCHAIR RAMPS AND DRIVEWAYS).......................................SP22 53. NON PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK,DRIVEWAYS,STEPS, LEADWALKS AND WHEELCHAIR RAMPS.....____....................................................SP-22 54, NON PAY ITEM- REMOVE EXISTING CURB AND GUTTER.........................................................SP 22 55. NON PAY ITEM- REMOVE EXISTING CURB INLET......................................................................SP22 56. NON PAY ITEM-6"REINFORCED CONCRETE DRIVEWAY.........................................................SP 22 57. NON PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS..............................................SP 22 58. NON PAY ITEM-4'STANDARD CONCRETE SIDEWALK,LEADWALK AND WHEELCHAIRRAMP.......................................................................................................SP-23 60. NON PAY ITEM- STANDARD 7"CURB AND 18"GUTTER............................................................SP-23 61. NON PAY ITEM- REMOVE AND RECONSTRUCT MAILBOXES{MISCELLANEOUS.................SP-23 62, NON PAY ITEM- BORROW.................................................................................................................SP-24 63. NON PAY ITEM- CEMENT STABILIZATION...................................................................................SP-24 64. NON PAY ITEM- CEMENT..................................................................................................................SP-24 65. NON PAY ITEM- NEW 7"CONCRETE VALLEY GUTTER.............................................................SP-24 66. NON PAY ITEM- STORM DRAIN INLETS.........................................................................................SP-24 69. NON PAY ITEM-PROJECT DESIGNATION SIGN............................ ........................................SP26 71, NON PAY ITEM-TOP SOIL..................................................................................................................SP27 72. NON PAY ITEM-ADJUST WATER VALVE BOX.._ ............. ......._......_,__SP-27 73. NON PAY ITEM- SP 28 74. NON PAY ITEM-ADJUST WATER METER BOX.............................................................................SP27 75. NON-PAY ITEM-CLEARING AND GRUBBING.................................................. ..............................SP-27 76. NON-PAY ITEM- SPRINKLING FOR DUST CONTROL...................................................................SP-28 77. NON-PAY ITEM- PROTECTION OF TREES,PLANTS AND SOILS.............................................SP 28. N( 01/09/07 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 79. NON-PAY ITEM-PROJECT CLEAN-UP......................................................................:.......................SP-28 80. NON-PAY ITEM-PROJECT SCHEDULE,............................. .................__..... ........__... ..._SP-29 8 L NON-PAY ITEM-NOTIFICATION OF RESIDENTS................................................................ ...SP-29 82, NON PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-29 83, NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING........................................SP-29 84. NON-PAY ITEM-WASHED ROCK......................................................................................................SP-29 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE...................................................................SP-30 86. NON-PAY ITEM- LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES........................................... ...........SP-30 .................................... 87. NON-PAY ITEM- TIE-IN INTO STORM DRAIN STRUCTURE........................................................SP-30 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT......................................................................SP-30 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-30 90. NON PAY ITEM-TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN I ACRE)....SP-31 9 L NON PAY ITEM-TRAFFIC CONTROL ..............................................................................................SP-31 01/09/07 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: PAVING RECONSTRUCTION: D.O.E. NO. 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Reconstruction of Luther Channel and Smithfield Channel Ramp and all other miscellaneous items of construction to be performed as outlined.in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City-City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term"Engineer"shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 01/09107 SP-4 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public"of the"Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates 5e paid. (Attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities,which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 01/09/07 SP-5 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City 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 as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused,in whole or in part,by the negligence or alleged negligence of City,its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers,servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whore a claim for damages is outstanding as a result of work performed under a City Contract. 18- EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12- A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (MIWBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. 01/09/07 SP-6 M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine(5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(MIWBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation)and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate"good faith effort', shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency(NCTRCA)or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the MIWBE utilization or good faith effort forms as applicable. Failure to contact the listed MANBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an MIWBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its MIWBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the MIWBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. 01/09107 SP-7 b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his MNVBE Participation plan. d. Default by the MIWBE subcontractor or supplier in the performance of the subcontractor. Within ten (10)days after final payment from the City, the Contractor shall provide the MIWBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC- 82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor' in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended_ 01/09107 SP-8 e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project-, (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have 01/09107 SP-9 known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs(1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage"_ 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified_ Where the term "or equal", or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term"or equal", or"approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the 01/09/07 SP-10 Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions"shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days_ 26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL_TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2°d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document_ 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2)years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 01/09/07 SPA I 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 31. DISPOSAL OF SPOILIFILL MATERIAL.: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoillfill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL,TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system(if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 01/09107 SP-12 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. z 34_ SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the fine or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c)_ 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3)years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with 01/09/07 SP-13 subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES; The City, through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavationlor stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed,that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may relocate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 01/09107 SP-14 i a 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6.00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10.00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 67. PAY ITEM—TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area. Payment will be made for the quantity of earth excavated/backfilled. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this-item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. 01/09107 SPA 5 ! During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314"Concrete Pavement,"shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage(cosmetic), then no further treatment will be needed. (2) If the crack is due to distress(structural), the failed pavement must be removed and replaced a minimum of 5 feet. in no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43. NON PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: a CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint 01/09/07 SP-16 I sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal- Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED * * Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 Skin-Over Time, minutes max. 60 Cure Time, days 14 to 21 '�*** Full Adhesion, days 14 to 21 AS CURED-AFTER ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+•100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min- 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail"sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 114 inch 01/09/07 SPA7 L width "green" saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 401=(4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster:The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on the"Construction Detail"sheet_ The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. 01/09/07 SP-18 When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool_ The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.) as provided in "MEASUREMENT"for"SILICONE JOINT SEALING", which price of 01/09107 SPA 9 ' shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 44. NON PAY ITEM- 7"CONCRETE CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45. PAY ITEM- RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk"where applicable. All existing brick and/or stone retaining wails not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. NON PAY ITEM-REPLACE EXIST. CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. 47. NON PAY ITEM - HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications item 312. 48. NON PAY ITEM- -6" PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49. PAY ITEM- TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman_ The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. 01/09107 S P-20 Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 50. PAY ITEM -8"THICK LIME STABILIZED SUBGRADE&CEMENT FOR SUBGRADE STABILIZATION: See Standard Specifications Item No. 210, "Lime Treatment(Material Manipulation)"and Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications governing this item. 51: NON PAY ITEM - 6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC-Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3"deep Type"D" course placed in one lift. All provisions of Standard Specification No. 312.7 `Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Y2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type"B"and"D"asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two(2)years old. Upon submittal of the design mix a Marshal(Proctor)will be calculated, if one has not been previously calculated, for the use during density testing. For type"B"asphalt a maximum of 20%rap may be used. No Rap may be used in type"D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor)the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through 01/09/07 SP-21 the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type"B"and for Type"D"asphalt will be 91%of the calculated Marshal{proctor}. A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type"B"and "D"asphalt. Densities on type"B" must be done before Type"D"asphalt is applied. Cores to determine thickness of Type"B"asphalt must be taken before Type"D"asphalt is applied. Upon completion of the application of Type"D"asphalt additional cores must be taken to determine the applied thickness. 52. NON PAY ITEM- CONCRETE FLAT WORK CURB CURB&GUTTER SIDEWALKS LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwaiks,wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backflling and finished grading. 53. NON PAY ITEM—REMOVE EXISTING CONCRETE SIDEWALK DRIVEWAYS STEPS LEADWALKS AND WHEEL CHAIR RAMPS: This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104"Removing Old Concrete", for Specifications governing this item. 54. NON PAY ITEM—REMOVE EXISTING CURB AND GUTTER: i Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 55. NON PAY ITEM—REMOVE EXISTING CURB INLET: This item shall include all labor, materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 56. NON PAY ITEM—6" THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways" for specifications governing this item as well as details S-S5 and S-S5A. 57. NON PAY ITEM—REMOVE AND CONSTRUCT CONCRETE STEPS: See Standard Specification Item No. 516, "Concrete Steps"for specifications governing this item as well as details SM-3. 01/09/07 SP-22 58.__NON PAY ITEM—4'STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP: All applicable provisions of standard Specifications Item 104"Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the plans, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, TPW(Phone 871-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM—REMOVE AND REPLACE FENCE: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer_ The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior,to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. NON PAY ITEM—STANDARD 7" CURB AND 18"GUTTER: All provisions of Standard Specification No. 502 'Concrete Curb and Gutter'shall apply except as modified herein: Subsidiary to this item shall be the following: a. A minimum of 5"or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. b. If the Contractor fails to backfili either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter,the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000) pounds per square inch in twenty-eight(28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack(94 lbs.)of Portland Cement. The slump of the concrete shall not exceed three(3) inches. A minimum cement content of five(5) sacks of cement per cubic yard of concrete is required. 01/09/07 SP-23 61. NON PAY ITEM—REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls, flowerbed trim and miscellaneous items within the right of way which may be damaged or removed during construction. When possible, the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply. 62. NON PAY.ITEM—BORROW: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter as shown on the proposal and will be full compensation for the removal and disposition of the curb, curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 63. NON PAY ITEM--CEMENT STABILZATION: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 64. NON PAY ITEM---CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 65. NON PAY ITEM—NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314", Concrete Pavement', Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314"Concrete Pavement'. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 66. NON PAY ITEM—STORM DRAIN INLETS: An alternative method of construction for these items will be"Pre-Cast" manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, 01/09/07 SP-24 I "Manholes and Inlets"and said construction shall be in compliance with all other requirements of Item 444 where applicable. 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an"operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water permlwwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent(NOI)form prepared by the engineer_ It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 P.O. Box 13087 i Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 j STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The 01/09107 SP-25 selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY -- DISTURBED AREA EQUAL TO OR GREATER THAN b ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECIAL PROVISION 23 - 40 SHALL BE APPLICABLE. 69, NON PRE BID ITEM -PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of V fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. 01/09/07 SP-26 The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. 70. PAY ITEM- MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed 'grade as shown on the plans or as directed by the Engineer. Standard Specification item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 70. PAY ITEM- UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal, however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the"Contractor' responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. NON PAY ITEM- TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 72. PRE BID ITEM - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 74. PRE BID ITEM - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' of specified parkway grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 01/09/07 SP-27 76. NON-PAY ITEM-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM- PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class 11 Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78_ NON-PAY ITEM- CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shalt provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed_ No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 01/09/07 SP-28 80. NON-PAY ITEM - PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM - NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 82. NON-PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction.The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number.A sample of the'pre-construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8305. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON-PAY ITEM —PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM - WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 1/2" 40-75 318" 55-90 #4 90-100 01/09/07 SP-29 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. 85. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM— LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.- The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer(if he is available)in the observation and marking activity. In any event a street shall be completely marked a minimum to two(2)working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure_ It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day)the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817) 338-6275 "Hot Line" Texas Utilities (817) 336-9411 ext. 2121 Mr. Roy Kruger Lone Star (817)336-8381 ext. 372 Mr. Jim Bennett Of course, under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five(5)working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM —TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. 88. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 89. NON PAY ITEM- FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect_ In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: The street permit fee is$50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 01109/07 SP-30 90. NON PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil- erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted;therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of 01/09/07 SP-31 soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 91. NON PAY ITEM -TRAFFIC CONTROL.- The Contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permir a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the previsions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817)392-8712, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738)to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met_ When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." 01/09107 SP-32 (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL< REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREETS ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 01/09/07 SP-33 Section E Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contract Contractor Compliance with Workers Compensation Laws Attachment to ACORD Certificate for Burnsco construction, Inc. The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurelts).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. COMPANY INSURED Burnsco construction, Inc. COMPANY 6331 southwest Blvd. I Benbrook Tx 76132 USA COMPANY COMPANY COMPANY ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY co TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR POLICY➢ESCRIPTION DATE DATE, 1 I i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS additional insured, on a primary and non contributory basis, for all coverages except workers' compensation / waiver of subrogation in favor of the additional insured with regard to all certified coverages. i I Certificate No: 570027026719 { i 1 CONTRACTOR COMPLIANCE WITH WORKERS` COMPENSATION LAW a Pursuant to V.T.C.A. Labor Code §406.95 (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.4724 and City of Fort Worth Project No. C200- 1270009783. i CON " OR Bwr6so Construction, Inc. ? By: Name: _�do, a S Title: I7R.r s c3ew-r Date: .2 1 A to • D S STATE OF TEXAS § i § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared 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 Burnso Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under JV1y Hand and Seal of Office this clay of� , 20 2 I Notari Public in and for the State of Texas r A ! Bond Igo. 6544088 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL.BY THESE PRESENTS: COUNTY OF TARRANf § Safeco InSrlrance Company That we (1) Durnso Construction,,..1nc. as Principal herein, and (2) of America , a corporation organized under the laws of the State of(3)Washington . and who is authorized to issue surety bonds in the State of Tetras, Surety herein, are held and�fa mly bound unto the City of Fort Wortk a municipal corporation located in Tarrarrt and Deng Counties,Texas,Obligee herein m the sum of- Two Hundred Fifty-nine Thoggpd Eiglit Hundred Eoriv-four surd no/100-- 6252MI00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and ss mall,,finiy by these prescift MAY 13 2008 WHEREAS, Principal has entered into a certain contract with the Obligee dated the of ,2008 a copy of which is attached hereto and made a part hereof,for the corsamction of Miscellaneous Dralnaae Lnpmvements(Contract E)at Imtleer Cha ed,Cehnail Channd and Smithf"rled Creek Chmmel M ect N&PQ4 G9'7) NOW THEREFORE,the condition of this obligation is such,if the said Principle shall faithfully perform the work in accordance with the plans, specMcatiom and contract documents and shall folly indemnify and hold harmless the Obligee from all costs and darntges Which Obligee may suffer by reason of Principal's defatdt, and ` reimburse and repay Obligee for all outlay and expense that Obligee may m=in making good such default,then !I this obligation shall be void;otherwise,to remain in full force and effect. I I I f 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 accordanoe with the provisions of such statute,to the same extent as if it were copied at length herein. l IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed Sl Gs iatstrumem. of MAY 13 20g: 35TO al ATTEST: F Burn on 'on Inc. j (Fria " al) (4) P IPAL J Morton BY: 5ecretal�r Title; John urns, President (SEAL) J 6331 Soudwest BhiL Benbr N*,TX 76132 (Address) Safeco Insurance Company of America Witness Ato i S tY T Address BY: (�l� Doza Lisa M. Bonnoi(A �u�-fact)(5) (Surety)Se mom, Safeco Plaza Seattle, WA 98185 (Address.) M (SEAL) NOTE. Date of Bond mug not be prior to slate of Contract (1) Correct Name of 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 Attorney-in Fact. The date of bond shall not be prior to date of Contract. Witness as to Surety 2711 N. Haskell Avenue#800, Dallas, TX 75204 (Address) I Bond No. 6544088 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Safeco Insurance Company That we,(1)Bnrnso Cortstrnc60g,Inc:as principM herein,and(2) of America a corporation organi-zed and existing tinder the laws of the State of(3) Washington , as surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Demon Counties,Texas, Obligee herein, in the amount of Two Hundred F -nine Thaasaand MaM Hundred Forty-four and no/f00.......... . Dollars SZ5( ) 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 tw 1 3 4woi .2009.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- MismMmejus3m em ntract at 1&#Ifr Chmnd,CylonA Chaund r Smithflled Creels Channel_(Prrob� t No.00097) NOW, THEREFORE, THE CONDITION OF THIS OBLfGATfON IS SUCH,that if the said Principal shall faithfiilly make payment to each and every claimant(as defined in Chapter 2253,Texas Goven ment Cods,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 frill fence and effect. PROVIDED,HOWEVER,that this bond is executed pn r=mt to Chapter 2253 of the Texas Government Code, as amended, and ail liabilities on this bond shall be deteimined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duty authorized reprewnblim of the Principal and the Surety have executed this instrument MAY I Ji ZUQ8 ESIGNED and SEALED this day of xl108. I a Sums ruction Inc. PR#VIPALATTE By: Namrns f (Principal Morton Title: President (S E L) r/- retary Address: 6331 Southwest Blvd. Benbrook:TX 75132 Witness as to Pri pal . Safeco insurance Company of America SURETY A ELL By: Narne: Lisa M. nnot Secretary Attorney in Pact (S E A L) Address: Safeco Plaza Seattle, WA 98185 ess as to Surety Telephone Number: 214/989-0000 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 6544088 MAINTENANCE BOND THE STATE Of TEXAS + COUNTY OF TARRANT Safeco Insurance That Burnso Construction Inc. ('Contractor"), as principal, and Comp-Iny of America a corporation organized underthe laws of the State of Washington , ("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, irCity') in Tarrant County, Texas, the sum of Two Hundred fifty-dine Thousand Eight Hundred Fomf-four and 3 no/100. Dollars ($289,844.00), 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 CDntractor ItAs this day entered into a written Contract with the City of Fort Worth, dated the of , 2008, a copy of which is hereto attached and made a part hereof,for the performance of the following described public improvements: Miscellaneous Drainage lm2rovements Montrraact E]at>-uther Channel, Colonail Channel and Smithfiled Creels Channel(PoW No._QOW) the same being referred to herein and in said contract as the Worn and being designated as project number(s)C200-1270009783 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 JQ ears;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 shalt 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 evert 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 L&exec uted in S.counterparts, each of which shall be deemed an original,this day of ,A.Q. 2008. ATTEST: Bums ons coon Inc, (S E A Q f• Co4Jn By: Secreta �®110 Narns VecretaryTitle, President Safeco Insurance Company of America ATTEST: (SEAL) Sure L-,,,,. t � By: Secretary Name: Lisa M. S of Title: Attorney-in-fact Safeco Plaza Seattle, WA 98185 Address i i 1 i Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza At OF ATTORNEY Seattle,WA 98185 1 KNOW ALL BY THESE PRESENTS: No_ 3698 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ""LISA M.BONNOT;DON E.CORNELL;CHRISTINE DAVIS;ROBBI MORALES;LUKE J.NOLAN,JR.;RICARDOJ.REYNA;JERRY P.ROSE; Dallas,Texas**"*-........I......kt%KFMI.....IH............M%.Y.......fi .....kiklM+y�)y*}y y� R its true and lawful attorneys}in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of its business,and to bind the respective company thereby. ' IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents t this 21st day of August zoo? STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V.Section 13._Flt]ELfiY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint Indtviduals as attomeys4n-fad or under other appropriate titles with authority to execute an behalf of the company fidelity and surety bonds and other documents of slmltar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970. "On a eer0ficate executed by the Secretary or an assistant secretary of the Company setfing out, nyo) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (ill) Certifying that said power-of-aftarney appointment is in full force and effort, the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." 1,Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Powerof Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,f have hereunto set my hand and affixed the facsimile seal of said corporation this day of f SAL SEAL � _, x STEPHANIE DALEY-WATSON,SECRETARY SafocodD and Eire Safeco logo are registered trademarks of 8afeco Corporation. S-09741D54105 WEB POF 6 Figure. 28 TAC §1.601(a)(3) 4 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: 2 You may contact Home Office Surety at Usted puede contactar a senricio de Ia oficina (206)473-3799, principal de Safeco Surety al:206-473-3799. 3 You may call (company)'s toll-free telephone Usted puede Ilamar al numeeo de telefono number for information or to make a complaint gratis de (company)'s para information o para at: someter una queja al-- (800)472-5357 Surety Option #7 (800)472-6357 Surety Opc!6n De#7 --------- -- - _....- ou mayals i C t� afeco - "-Usted#ambeen puede es bir a Safeco Insurance Company at: Insurance Company: Safeco Plaza Safeco Plaza Seattle,WA 98185-0001 Seattle,WA 98185-0001 5 You may contact the Texas Department of Puede comunicarse con et Depaaamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companies, coberturas, derechos o quejas at: (800)262-3439 (800)252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de `a Insurance: Texas: 1 P.Q. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)475-1771 Pax: (512)475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi-state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state_tx.us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concemiente a su prima o premium or about a claim you should contact the a un reclamo,debe comunicarse con el (agent) (company) (agent or the company) (agente) (la compania) (agente o la compania) first, If the dispute is not resolved,you may primero. Si no so resuelve la disputa,puede contact the Texas Department of Insurance. entonces comunicarse con el departamento (TD I). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for information only and does not es solo para proposito de informacion y no se, become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. I t f f CITY_OF FORT WORTH,TEXAS ' CONTRACT 1 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT 1 This agreement made and entered into this the day of A.D., 2008, by and ' between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and f existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Vh day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" i provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Burnsco Construction,Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of 7 certain improvements described as follows: Miscellaneous Drainake_Improvements(Contract E)at Luther Channel,Colonial Channel and Smithfield Creek Channel(Project No.00097) 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. c.. . 7 1 The Contractor hereby agrees to prosecute said work with reasonable diligence after the i commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 90 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to ' carry on and complete the same according to the true meaning of the intent and teams of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made i a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. ' S 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_nggligence or alleged negligence of Owners 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 n!l�ence 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 i to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7 _ _ The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of 'Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be Two Hundred Fifty-nine Thousand Eight Hundred Fo -four and no/100....................................Dollars,($259,844.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. 1 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 1 and made a part hereof the same as if it were copied verbatim herein. i 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. l Done in Fort Worth,Texas,this the day of ,A.D.,2008. u { `{ 7w RECOMMENDED: CITY OF FORT WORTH DIRECTOR,DEPARTNIENT OF CITY MANAGER ENGINEERING APPROVED: BY: _ Fernando Costa, TRANSPORT I6 IC WORKS kG�sst. City Manager DIRECTOR ATTEST: Burnso Construction Inc. 6331 Southwest Blvd. i Benbrook, TX 76132 CONTRACTOR t CITY SECRETARY i (SEAL) t BY: �] Lei l 1�r Contract Authorization TITLE APPROVED AS TO FORM AND LEGALITY: ADDRESS ASST. TTO EY November 1960 Revised May 1986 Revised September 19921 Section F Construction Drawings Easement Drawings -= F A T .DESIGNAT-10'NG'N--.- 41^0" m � � ' - RT RTH -- f Fo Wd 61- Project Title as 2ND LINE W HECESSOXY—/ 3 as 2 Contractor: 2 T ntra ctor's Name:! ' 7,„ 2 scheduled Completion - Bates, 2` Year 2 3 12 FORMORTsi Loco tH CMELT*1Gnw BoM ALLQTHER LETW-RiiycxgARtAL wtD tL1C0 COLOKS: r FtOFiY WL7F�If;-PA6S�a _ ktlllSHORtttQ(y(1-PIotS 76T - L.Ei"fEiii6lC-PM528S BJSCKGROCIMU-VY}ifT� - ROMER-BLUE 3 d 1 - _•" - ,J�. _!/sue ..i-_ =L' - _ r DUMMY.410IN T IN eAMP OPTIONAL PROVIDE EXPANSION .DINT ONLY Ili ktr o 01 DRIVEWAY ONLY. IF CONl1NECT1I�8G TD EK#STlND i ' COUCAETE DRIVE. - ERISTIND CURB&OUTTER,IF My.I wor 8E SAwER is ov(p_GT; REINFORCE 6"ORIVE 43 HARS - EDDY THte ENGtNtR. At IB 41.t:.B.W: ` A. R.f3-XLINE RE#N#1�ORCE 4"WAI_K tt$ BARS AT 1S D.C.II.W_ REFERENCE - i Iffy FOR ISI ' 16 i 1 'r OeFOR 10 i r= Titki 3 SIDE*_ SILK ID=O�MIii: � ��• � I� DTANDARD _ ; ♦ y'� CURB R GUTTER ' -- _ tNt A4ATCIt AS _ IP-1�►tINEa . ytruNaTk �[ �s D E I# 6�O4 MIm_StHGtE ovy. > JOINTo im R47r-o 141NDDt� DAY. FOMED► L } A ATTACHES CURB(CONC. i 8WK'*ALK SLOPE 114-!!PER , PLAN VIA W �auo�t�afe�� EOD7 i1t Ct B,tfti• i5 - SCR 3TXROARg FRB - ECT�6 BY EkBtNEE & TER•SE.CT101f- IR'° MEWAY AND CURB: .. TTEff PAY LOMT aIRE � _ IBGRAD SECTION-A=A STA61�IZEb - DWY.PAY LIMIT = SuB1164F � Yffco%CRETE PAVtMENE ' St iP lt.#C SECItOf> HRU DFaVEWAY O I3E 1 PQUF D SAME THICKIAES S AS DRIVEWAY- r �. APPROAlgN.St PArID-FOR-AS ORvi fgAY 1 t► �'' � tom- APPROACH.EXISTIkG`MDE6ifALK tFANI.Y. ' _ TO BE REMOVED 0 F"Q WL:ACE1�?. � ilR,u- �FOGY taT� .�_:. I�VISEt�FE4-.,Btrp.,�fl�It.l�tr. ,TEXhS --•CVMSYIt=_Yt"PItAN61ARE1. REtSER.INaBY, DS.�t� 9A�JiNt�#: t1R�4iAIIkB No.S-S 5E__ R. Sol 2"CLEAR TYP. ' x - I - i - 1 21iSCH.40 PVC O Of WEEP MOLES j AT 10'-0"0C, i € i r 910EWalp1l SLOPE AT i/4'VF0aTif CONSTRUCTION /1 - ____��_ m ® JOINT(OPT) ca MOZ AT 12"oc W. so I'm ou t _ - 41q 014 • 1 x 2. COMPACT SUBORA{DE TO 95% STO_PROCTOR. f ! PLAY PER CUOI C YARD. i SCALE: 3/4'1=1' 1 RETAINING WALL WITH SIDEWALK REVISED 8/17/87 J.A.Af.lif/.R.M. CITY OF FORT WORTH-CONSTRUCT ION.STAMID)ARID EFW/WRM OF3MING NO* S—M I3 OATS: JULY 1984 s a��__.t.. - F AADFEs tt ,r fs *8 shop" to vmlortit ie4* -sor "It. . . - kR►lajr far �Ry4+�►R!} - -. �a sAm +Taiws l r01 . . K�FaCfAn� i 1 as � E or e4ket to "��`"e'�' Y�'�,�'�'7"�C,Faa•a:M3S���aC,B!!F F$Y�R} alb. Tki F fiss� cW mr„iP�p a�er� r,t�ti� t1�leap sf the oeserwm o kir t8tr ts. Sav t 80rltmo 9t p�sipst lO� eee.s{�tl!�.+��� �u��e tr�tvl,�vaM, 3s scar �rjtFi try j.3lacttek�_ k6ffi t& w. F tsrer � arcCaeilAi� la otij tin w5r ti►i # - - r..a�b 11 ��e siP "�miecssts t�eN �e �t �5at�9�9'�� sees�nsd '�rfsst� ctlijP� i s lnia �t xet t ] _��tl�. �t want fps sar$a ys�e at eoe+rrotp in p►asa iam ® mw fiat s► $Ir�n¢tR �3D peands per sidsrfft• hkeh rat dvys vah Congo, lesgw x�tA F fTd�DiT 371A1K - JYrset ire _. *Af- A NNW 'wli ws ldtiU-'16Fs k sssw PreariV as G—MOV S �E!►F$Ep 7 Ef9 fi�131 � ��ft1E� COWRAMF VAil-EkPAW 4 3 ` .. C13Y $ QEsT �^vC$ Y�FfGTf�Pd STAKID VI& J P - ASAWCUTt tcAVAIrfok SQUARE'wtM STREET € . PILAN i CLASS A f5-SAW � SAYI! DEPM #�e klU_ �R�E J � ir MA NOT T:-wIa ER. LVE + �to N i HOT BOYS#OUT _ mANNOL-E E WATER VALVE COLLAR � i � . Ct�Y �F•t�T 1110 TN TEItAs-E�RM�tiC�l�N�1111�_ tiff �RAI "TIE= 9l.AT � i i i t i. r i r t i i i i f COLONIAL CHANNEL ACCESS & DRAINAGE EASEMENT Parcel #DE 1 Doe#4724 3000 Stadium Dr.Fort,Worth, Texas. LOT 1R BLOCK 1 TCU ADDITION An Addition To The City Of Fort Worth Tarrant County, Texas, STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT DRAINAGE EASEMENT Pi a AND TEMPORARY CONSTRUCTION EASEMENT DATE:05-14-07 GRANTOR:TEX AS CHRISTIAN UNIVERSITY GRANTOR'S MAILING ADDRESS(including County):TCU STATION PO BOX 297041, FORT WORTH,TARRANT COUNTY, TEXAS GRANTEE, CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THORCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: One Dollar($1.00)and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: 3730 SQ.FT. EASEMENT IN A PORTION OF LOT 1R, BLOCK 1,TCU ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY,TEXAS, AS RECORDED IN, CAB.A, SLIDE 4482, PLAT RECORDS TARRANT COUNTY,TEXAS (See attached Exhibits"A"and"B") PERMANENT DRAINAGE EASEMENT(Pipe)AND TEMPORARY CONSTRUCTION Rev 712GO6 1 Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, setts, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as"Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rode rip-rap and other erosion control measures in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together-with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility, and a temporary construction easement, As described in Exhibit"B", attached hereto and made a part hereof, to use in connection with the construction of said Facility, said temporary construction easement to expire upon completion of construction and acceptance by Grantee of said Facility. In no event shall Grantor(1)use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or 01) erect or permit to be erected within the easement. property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the storm drain and its appurtenances. However, Grantor shall be pen-nitted to install and maintain driveways and parking lots across the easement. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantees use of the easement granted hereunder provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this EasemenL TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same,or any part thereof. TO HAVE AND TO HOLD the above described temporary construction easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns until the completion of construction and acceptance by Grantee_ Grantor hereby bind themselves, their heirs, successors, and assigns, to wan-ant and defend, all and singular, said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same,or any part thereof- When-the context requires, singular nouns and pronouns include the plural. PERMANENT DRAINAGE EASEMENT(Pipe)AND TEMPORARY CONSTRUCTION Rev.712006 GRANTOR: ITEXAS CHRISTIAN UNIVERSITY IGRANTEE: City of Fort Worth I Marc Ott,Assistant City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT_OF OFFICE this day of ,20 _ Notary Public in and for the State of Texas PERMANENT DRAINAGE CASEMENT(Pipe)AND TEMPORARY CONSTRUCTION Rev.712MO6 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .20 Notary Public in and for the State of Texas PERMANENT DRAINAGE EASEMENT(Pipe)ANDTEMPORARY CONSTRUCTION Rev.7120M (EXHIBIT AI MAP OF SURVEY SHOWING A VARIABLE WIDTH DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT OUT OF LOT I . HAMMOND BLOCK AND LOT 1 R. BLOCK I , OF TCU ADDITION 9zs�118451'31•E S t LOT 1R,BLOCK 1.TC't) ADDITION CABINET A,SLOE 4482 r N ■ ,. - t VARIABLE WIDTH t DRAINAGE EASEMENT 3,730 SO.FT. a>P t o.. TEMPORARY v---_�-`•'� CONST28.V TIDN EASEMENT x -_';7 w tt 1 „ — 50' 2N i �a� pOB �' a OB s r'IRF 55'43 Yf 4163 5k&'IRF a+e'� 11.64 1 t S/&"IRF `t iiAMMONO BLOCK % 1 VOL.388-F PG.6O1 P.ii.T.G`.T_ a _ 1 LOT 2 r t d"1 dl Y LOT I 7 $ ; VOL 386 F,PC-BLO11t EGRESS AND EASEMFNTi, / P.R T �>5/8"IRF 0 8 •� ` ti IL %. E ISTCUC ASFh'ALT a t - i PARKING WT a A ` t t BELLAIRE ADDITION 1lflL.9V2 PG.557 � 1 BLOCK 21 •` or GtSTEgE,F'I' Q s 5/ 1 \ DMNAGE AND T1&OMARY •• _ - iRF CONSTRUCTtON EASEWNT OE-1 _ E6' X XNALL UOE M.{72{ sy 5s53 a " (� a C2 � r0n9783 �y,F4f[s SA,y0� F 1 WHA�1RT AS LOT SURv BLOCK AWTION h LOT lit;BLOCK 1 CITY OF FORT WORTk1, REV. 05--14-07 M4 CE THE WEST S1DE1 TAMMT C"TY.TEXAS DRAWN BY_ EK SHT. Na.1 DATEa 12 29-06 A-NdL CONSULTANTS,ILL C_ OF 4 joiW_ Cbq,= Offiim, PRO-Offim DGm_ NO.- 061150DEO£Yi.OGN 19II1Ri=Rm.Saie■61O 30WFe'amunt3trxt PaittrVoith,7cxm?6107 7kxasS52i11 lAfPPRovf:2 8Y: EK Offi= V17)335 M O 14)6313M Fax: tSM 335-W55 F— 1 631 3= Drainage Easement DE-1 DOE#4724 T&P#UOO 5312020127009783 3000 Stadium Dr_Fort Wortk Texas_ Lot 1,Hammond Block Addition, Lot 1R,Block 1,TCU Addition, Additions to the City of Fort Worth, Tarrant County,Texas (Exhibit B) Real Property Description Of a Variable width Drainage Easement Out of Lot 1 R,Block 1,TCU Addition An Additions to the City of Fort Worth Tarrant County,Texas Being a portion of land out of,Lot 1 R,Block 1,TCU Addition An Addition to the City offort Worth,as recorded in Cabinet A,Slide 4482,Plat Records,Tarrant County,Texas,and being more particularly described as follows: Beginning at a point in the North line of Lot 1,Hammond Block Addition,An Addition to the City of Fort Worth, as recorded in Volume 388-F,Page 601,Plat Records,Tarrant County, Texas,and the South line of said Lot IF,from which a 5/8 inch iron rod found for the Northeast comer of said Lot 1,and the Northwest corner of lot 2 of said Hammond Block Addition,and being in the South line of said Lot 1 R,bears North 89 degrees,55 minutes,43 seconds East,43.63 feet; Thence:South 89 degrees,55 minutes,43 seconds West, 36.44 feet with said the North line of said Lot 1,and the South line of said Lot I R,to a point froth which a I inch iron rod found for the Northwest corner of said Lot 1,and the Southwest corner of said Lot I R bears South 89 degrees,55 minutes,43 seconds West, 106,53 feet; Thence:North 17 degrees,32 minutes, 04 seconds West, 64.08 feet; Thence:North 00 degrees, 00 minutes,00 seconds East, 108.76 feet, Thence:North 31 degrees,56 minutes,56 seconds East, 10.02 feet; Thence: South 12 degrees, 51 minutes,48 seconds East, 104.20 feet; Thence:South 18 degrees,49 minutes,50 seconds East, 10.73 feet; Thence: South 20 degrees,23 minutes, 19 seconds East,52-70 feet to the place of beginning and containing 3,730 square feet of land,more or less. Page 2 of 4 Real Property Description Of a Variable width Temporary Construction Easement Out of Lot 1, Hammond Block Addition Lot 1 R,Block 1,TCU Addition Additions to the City of Fort Worth Tarrant County,Texas Being a portion of land out of Lot 1, Hammond Block Addition,An Addition to the City of Fort Worth,as recorded in Volume 388-F,Page 601,Plat Records,Tarrant County,Texas,and a portion of Lot I R,Block 1,TCU Addition,An Addition to the City of Fort Worth,as recorded in Cabinet A,Slide 4482,of said Plat Records and being more particularly described as follows: Beginning at a I inch iron rod found for the Northwest corner of said Lot 1,Hammond Block Addition,and the Southwest corner of said Lot 1R,and being in the east line of triangular tract of land described in deed to Joseph D. Brown and Wife, Periscilla L Brown, recorded in Instrument#D 198304229,Deed Records,Tarrant County,Texas Thence:North 00 degrees, 13 minates,53 seconds West, 181-60 feet with the west line of said Lot 1R, Thence:North 84 degrees, 51 minutes, 31 seconds East,9253 feet to a point in the West line of existing drainage and utility easement according to Construction Plans File No.S-1967,in the Transportation and Puplic Works Department, City of Fort Worth; Thence: Southl2 degrees,51 minutes,48 seconds East,29.30 feet, Thence:South3l degrees,56 minutes, 56 seconds West, 10.02 feet; Thence:South 00 degrees,00 minutes, 00 seconds East, 108.76 feet; Thence:South17 degrees,32 minutes, 04 seconds East,46.08 feet; Thence:North89 degrees,55 minutes, 43 seconds East, 11.64 feet, Thence: South16 degrees,58 minutes,31 seconds Fast, 74.30 feet; Thence: South 71 degrees,06 minutes,09 seconds West,23.89 feet; Thence:South 66 degrees,36 minutes, 09 seconds West,73.75 feet to a point in the Southwesterly line of said Lot 1,and the Northeasterly line of Block 21,Bellaire addition an addition to the City of Fort Worth, as recorded in Vol.902,P& 557,Plat Records,Tarrant County,Texas; Page 3 of 4 Thence:North 31 degrees,54 minutes,08 seconds West,93.50 feet with the Southwesterly line of said Lot 1,and the Northeasterly line of said Block 21,to a 5/8 inch iron rod found for the point of intersection of the West and the Northwesterly lilies of said Lot 1; Thence:North 00 degrees, 19 minutes,20 seconds West,28.56 feet to the place of beginning and containing 28,285 square feet ofland,more or less. Surveyed an the ground December 2006 Bearing Basis:is the south line of lot M block 1,TCU Addition to the City of Fort Worth,Tarrant County,Texas, As recorded 1n cabinet A,Slide 4484 EWT_C.T.,Bearing South 89^55'43"West Note:In accordance with the Texas Board of Professional Land Surveying,General Rules offrocedure and Practices, 663.19(9),this"report''consists of the Real Property Description included herein,and Map of Survey attached herewith. Note:In accordance with the Texas Board of Professional Land Surveying,General Rules of Procedures and Practices, 663.19(7),"The cited instruments are not necessarily the currentowners ofthe subject property,but are the documents containing the descriptions of the boundaries as surveyed." ANA Project No.061150 Page 4 of4 t i t �. r r i i CQLON.LAL CHANNEL ACCESS & DRAINAGE EASEMENT Parcel#lE-2 Doe#4724 3572 Selialre Dr. North Lot t, Hammond Block Addition An Addition to the City Of Fort Worth, Tarrant County,Texas. STATE OF TEXAS § COUNTY OF TARl2ANT KNOW ALL MEN BY THESE PRESENTS C17Y OF FORT WORTH INGRESS Ahtf1 EGRESS I;ASEI�IE�fiT DATE 02 f 9-07 GRANTOR:Texas Christian University GRANTOR'S MAILING ADDRESS(Including County): TCU Station,PO BOX 297041, Fad worth, Tarrant County,Texas 76129 GRANTEE;CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 T'HROCKMORTON ST FORT WORTH,TARRANT COUNTY,TX 761E}2 CONSIDERATION- One Dollar($t.00) and other and suf good and valuable consideration, the recei f idency of which is hereby acknowledged. P PROPERTY: To SQ,FT.EASEMENT W A PORTION OF LOT 2 AN ADDITIOIrf TO T#IE CITY OF FORT WORTA,TARRANT COIJ�V'1'�Y, TEXAS,AS RECORDED IlrT, VOL.383A PG 601,PLAT RECORDS TARRANT COUNTY,TEXAS. {See attached Exhibits "Wand"8") ��sam tgrzss tasemrn Rev_VmO That the undersigned, hereinafter referred to as "Grantor", in consideration of$1.00, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, does by these presents GRANT and-CONVEY to the City of Fort Worth, TIC, hereinafter referred to as "Grantee', a permanent ingress and Egress Easement onto Property described in tfte attached Exhibit"A",hereinafter referred to as the"Property",for the purpose of allowing the Grantee free and iminhibfted access across, through, and over the Property for the purpose of accessing Grantee's Permanent Drainage Facility and Temporary Construction Easement on adjacent land. Grantor acknowledges and agrees that- Grantee's access shall be- with vehicles. equipment and employees or contractors. This ingress and Egress Easement shall Include the right of Grantee and Its-empfoyees,agents, representatives or contractors to access the aforementioned Property for the purposes stated herein. Grantee shall restore the Property to the condition it was in Immediately prior to accessing the Property under this Easement. TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee,and Grantee's successors and assigns forever, and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all .and singular the easement unto Grantee, its successor and assign, against every person whomsoever lawfully claiming or to claim the same,or any Part thereof. When the context requires,singular nouns and pronouns include the plural. -GRANTOR: GRANTEE City of Fort Worth Texas Christian University Marc A.Ott,Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Iu�css mutEa ess�aseurtcxE - - R�finao6 - 1 . 1 ACKNOWLEDGEMENT STATE OF TEXAS 5 COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared . known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said - for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT.OF OFFICE this stay of 20 Notary Public in and for the State ofTexas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing Instrument,and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stater,. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,20 Notary Public in and for the State of Texas mess and Egress E"tri"t Rev.7n1w6 (EXHIBIT A) MAP OF SURVEY SHOWING A 15 FOOT INGRESS AND, EGRESS EASEMENT OUT OF LOT 1 , HAMMOND 8L.00K A00ITTON ' TARRANT COUNTY, TEXAS { WW i j LOT IR,BLOCK %TCU AMM NI * ] CAMET A.SLOE 448z t 1 P_R.T.G.T- r i I N i • � I DRNN WtliTH 1 1 EASEMENT i l [ ] i f It s COHSTRUCTIpt�l��ASEUENT t t2 t 1 .. 50' Ow \ a�i 9 IRF sz�s• 5 a-IRE 5l8 7RF t t IU"AONDOL-388- BLOCK 1\ v4L_388 - PG.SOt SiA P R.T_C_T_ LOT 2 i o ' LOr I VARIABLE WIDTH iNGRES 7 HAD BLOCK a AND EGRESS EASEMl ENT VOL_388-I~PG_601 0 3.116 S FT- •!- P.R.T.CJ. \ VS" IRF 'x EXfStING ASPHALT a° _ems. i PARKING LOT m ` \ p i BELIAIR ADDITION A t�` VOL.9Q2 PG S57 w w' P.R_T_C.T. & BLOCK 21 c E OFGorr IftF fntvwRp 1L if+W jL OGRFS ANO EGRESS ! C'1 °F s stQ�O� (/V1 3512BQBE•LLArRE QDRttRMa_ D sUR"� FORT WORTH,TEXAS LOT 1.HAMMONO BLOCK AWT ONAOp1TK�H_ EV.0? 2 i -0T f ING-EMESSI - cffyIMR(wfoRT T1f�I£7(AS �RAVNI BY71--- DATE_ 2 A-N.A.CONSULTANTS,J-L..G SH; No" QgxnttOffi= p!pu ffioc tISH. !y0_ 1$QAE2p-QGry 17pl gNag � 2-1'PRQVEOK {]Rd Tk.TS$9 0 Offir !T4 6.}]S�SpO (8m35-4955 F 14�53I-3527 Ingress and Egress Easement#2 DOE#4724 T&P#C200-5312020127009783 3572 Bellaire dr.,Fort},North,Texas. Lot 1,Hammond Block Addition, - An Addition to the City of Fort Worth, Tarrant County,Texas (Exhibit B) Real Property Description Of 15 foot Ingress and Egress Easement Out of Lot 1,Hammond Block Addition. An Addition to the City of Fort Worth Tan-ant County,Texas Being a portion of land out of Lot 1,Hammond Block Addition,An Addition to the City of Fort Worth, as recorded in Volume 388-F,Page 601,Plat Records,Tarrant County,Texas, being more particularly described as follows: Beginning at a point in the Southeasterly line of said Lot 1,Hammond Block Addition, from which a 518 inch iron rod found for the Southeast corner of said Lot 1,and the Southwest corner of lot 2 of said Hammond Block Addition,and being in the Northwesterly line of Bellaire Drive North(variable width Right-of-Way)bears North 44 degrees, 15 minutes,20 seconds East,93-85 feet; Thence:South 44 degrees, 15 minutes,20 seconds West, 17.11 feet with said the Northwesterly line of Bellaire Drive North to a point from which a 518 inch iron rod found for the Southwest corner of said Lot 1,bears South 44 degrees, 15 minutes,20 seconds West, 62.00 feet; Thence:North i 6 degrees,58 minutes,31 seconds West,214.13 feet to a point in the North line of said Lot 1,and the South tine of Lot 11Z,Block 1,TCU Addition An Addition to the City of Fort Worth,as recorded in Cabinet A,Slide 4482,Plat Records,Tarrant County,Texas; Thence:North 89 degrees,55 minutes,43 seconds East, 15.68 feet with said the North line of said Lot 1,and the South line of said Lot 1R; Whence:South 16 degrees,58 minutes,31 seconds East, 201.34 feet to the place of beginning and containing 3,116 square feet of land,more or less. Surveyed ion the ground December 2006 Bearing Basis-is the south line of lot I It,block 1,TCU Addition to the City of Dort Worth,Tarrant County,Texas, As recorded in cabinet A,Slide 4482,PALT.C.T.,Bearing South 89"55'43"West Note:In accordance with the Texas Baud of Professional Land Surveying,General Rules of procedure and Practices, 663-19(9),[Iris"mpod"consists of the Real Property Description included herein,and Map ofSurvey attached herewith_ Mote:In accordance with the Texas Board of Professional Land Surveying,General Rules of Procedures and Practices, 663.19(7),"The cited instrurrmnts are-not necessarily the current owners of the subject property,but are the documents containing the descriptions of the boundaries as surveyed." ANA Project No_061150 Page 2 of 2 i i i i t i t 1 Smithf dd Creek Channel Parcel#1 Doe#4724 7900 old Denton Rd,Fort Worth,Texas Lot 1,Block 175,Summerfietd Addfflom� City of Fort Worth,Tarrant County,Texas. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH INGRESS AND EGRESS EASEMENT DATE.02-47-07 GRANTOR KELLER INDEPENDENT SCHOOL DISTRICT GRANTOR'S (MAILING ADDRESS(including County). - 328 LORINE STREET,KELLER Tarrant County,Texas 76248 GRANTEE:CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX76102 CONSIDERATION: One Dollar($1.00)and other good and valuable consideration, the recelPt and sufficiency of which is hereby acknowledged. PROPERTY: 1,573 SQ.Fr. EAMMXT IN A PORTION OIL LOT 1,BLOCK 175, SUW"RF LD AMMON AN ADDITION TO TM Crff OF-FORT WORTII, TARRANT COUNW, TEXAS, AS RECORDED IN,CAS.A,SLIDE 3777,PLAT RECORDS TARRANT COUNTY,TEXAS (See attached Exhibits"A"and"B") That the undersigned, hereinafter referred to as 'Grantor", in consideration of$1.00, and other good and valuable eonslderatlon, the sufficiency of which is hereby acknowledged, does by these presents GRANT and CONVEY to the City of Fort Worth, TX. hereinafter referred to as Uawess and rarest£ascn�.nt Rm 7TA06 "Grantee", a permanent Ingress and Egress-Easement onto Property described in the attached Exhibit"A", hereinafter referred to as the'Property",for the purpose of allowing the Grantee free and uninhibited access across, through, and over the Property for the'purpose of accessing Grantee's Permanent Drainage Facility and Temporary Construction Easement on adjacent land. Grantor acknowledges and agrees that Grantee's access shad be with vehicles, equipment and employees or contractors. This ingress and Egress Easement.shall include the right of Grantee and its employees,agents, representatives or contractors to access the aforementioned Property for the purposes stated herein. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Easement TO HAVE AND TO HOLD the aboverdesc tiibed permanent easement, together with all and singular the rights and appurtenances thereto in anyway belonging canto Grantee,and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person-whomsoever lawfully claiming or to claim the same,or any part thereof. When the context requires,singular nouns and pronouns include the plural. GRANTOR GRANTEE:City of Port Worth KELLER INDEPENDENT SCHOOL DISTRICT Mrc A.,Ott,Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Gtgcess and Ey�ss Easement - Rcy 7!?mw e ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personalty appeared ' known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that hetshe executed the same as the act of said for the purposes and consideration tt3erein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of -- - - 20 Notary public in and for the State of Texas ACKNOWLEDGEMENT STATE OF TEXAS § GOUNTY OF TARRANT § BEFORE ME, the undersigned authrxity, on this day personally appeared Marc A Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein Expressed and in the capacity therein stated_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas 1 a�saaidSdresaElmsent Rev MOM ' "&r,�i"ds'.• �� rY ' n�'r rror■ms `=L'��.t.�'. �.a mme U LC@• OU C]dd �110�1.��*4 tblu?RO o 96£t -d 't-z£8 -IOA O • _ M a q t■ �!�cooz u 1� U a 7 W a •� ti 'M a3 tsif : N rr f" b N 3+ s5 a+ hl ' Y Vt ■� t13 F a3m Win ,:y Lo W Y •_�1 n - f ¢00 W� 1 N $ V dQlti i• N�z C-d}� wiaN4tai � i�3,N'iw cnLU w1�0 in WJ a UnO�. R" o 44 V) to } lFA sf. - 5 ra CA , Ty yrn°i L a ��m as m m * �4 � AbCto v A rEt...F�ryry � n -� IWIL O R E i ■ ul SP " m� 6 'a� ji a A® 0l 0 m m L�00 cz a+ M arc �a o f mAtf o D m At Vim$ zC`46u zom Jam'` CRAIM BYx Ep SHi. HO. 1 OATEi 12-26-OS t ()m= I►A�Oifuc OGN. NO.: 061140.OGN 1701Rive.��np,6�ulcblD -Wb4tTsh., dSf o FM4Uucffi,T=w76107 Da1fM7'44M} ?5Mf APFR05/>_0 8Y- SKY Fcc 17;33-,-MS FF. 14)631-3S17 k Parcel l Ingress and egress casement#1 DOR#4724 UP d C200-5312020127009783 7900 OLD DWMN ROAD, PORT WORTS THKAS. Block 115 Lot I Summedelds Addition, An Addition to the City OfPOrt Worth, Tanant County,Texas E3HLBIT B Real Property Description Of a 20 Foot Ingress and Egress Easement Uut of Lot 1,Block 175,Summerfields Addition An Addition to the City of Fort North Tanunt County,Texas Being a portion of land out of Lot 1,Block 175,Summerfields Addition,An Addition to the City of Fort Words,as recorded in Cabinet A,Slide 3777,Plat Records,Tanmt County,Texas, and being more particularly described as follows: Beginning at a point in the west Ew of a 7.5 foot utility casement per said Addition,from wldeh a 5/8 inch iron rod found in:the South line of said Lot 1,and Westerly litre of a 40 foot Drainage Right--of-Way as recorded in Volume 8321,Page 1398,Deed Records,Tarrant County,Texas,and the Northeast corner of Lot 11,Block 1,BrittanyPlace,as recorded in Cabinet A,Slide 4682,Plat Record,Tarrant County;Texas,bears South 01 degrees,49 minutes, 13 seconds East;2396 feet;and North 89 degrees,36 minz ,45 seconds East,7.51 fed; Thence: West,20.03 feet; Thence-North,36.48 feet Thence:Nest,22.06 feet; Thence:North,20.00 feet; Thence:East,42.09 feet to the vest line of said utility easement; Thence: With the west line ofsaid utility casement Soxn#b,56.48 feet to do place of beginning and containing 1,573 stltnare feet of land,more or less. Surveyed on the ground December 2006 Bearing Basis:Is the south line of tat 1.,block 115,Summert"telds Addition to the City of Fort Warth,Tarrant Cowtl)y Texas,Beatft South 89^31P 4S"West Plots;In accordance with the Texas Board ofProfesmonal Land Surveying,GewzW Rules ofProeedure and Puctices, 663.IV),this"report ronsisis of the Real PropertyDewdption included hercio,and Map ofSurvey attached herewith. Natm-In accordance with the Texas Board ofProlessioual Lend Surveying,General Rnies nfP=cedures and Practices. 663A9M`•Tire cited ins' eats are not necessarily the cutreat owners of the sutsject property,but are the documents containing the descriptiam ofthe boundaries as surveyed." ANA Project No_061140 Page 2 of2 i i i i u i� i i r i r i i i r r i n