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Home My WebLink AboutContract 38187 CITY SECRETARY D.O.E. FILE CITY SECRETAW CONTRACT NO. CONTRACTOR'S BONDING CO. CONSTRUCTION'S COPY SPECIFICATIONS ,AND `CLIENT DEPARTMENT CONTRACT DOCUMENTS _ LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS FOR BEN CREEK COURT, BLUE CREEK COURT, AND POWDERHORN ROAD DRAINAGE IMPROVEMENTS LOST CREEK ADDITION-FROM BEN CREEK COURT SOUTH TO GOLF COURSE LOST CREEK ADDITION-FROM BLUE CREEK COURT SOUTH TO MARY'S CREEK WESTPOINT ADDITION-FROM POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLEY ROAD FILE NO.SD-0135 DOE PROJECT NO. 4744 TPW PROJECT NO. C200 541200 2032800087 83 IN THE CITY OF FORT WORTH,TEXAS MIKE MONCRIEF DALE A.FISSELER,P.E. MAYOR CITY MANAGER FRANK CRUMB,P.E.-DIRECTOR FORT WORTH WATER DEPARTMENT GREG SIMMONS,P.E.--ACTING DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A.DOUGLAS RADEMAKER, P.E. - DIRECTOR DEPARTMENT OF ENGINEERING Prepared by: OF Clk 4 J.B.DAVIES INC .� •'' .;9 �� w . .r ENGINEERS-SURVEYORS r*�' •��* d F. Pi, i 3C FORT WORTH,TEXAS %*............................:.*1 DAVID C. MATHIESEN ! ............................... 93582 01-239989-9191-M I APRIL 2008 r ! •�s pG` e� o� /CENsE 01 -239989-919 1-MI , ORIGINAL 01-23-09 P02:02 IN r Page 1 of; City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/9/2008 DATE: Tuesday, December 09, 2008 LOG NAME: 20LOSTCREEKPH2 REFERENCE NO.: C-23228 SUBJECT: Authorize Contract with Bumsco Construction, Inc., in the Amount of $265,469.00 for Lost Creek Phase 2 Drainage Improvements RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Bumsco Construction, Inc., in the amount of $265,469.00 for construction of the Lost Creek Phase 2 Drainage Improvements. DISCUSSION: The 2004 Capital Improvement Program (CIP) included funds for the design of capital projects of storm drain facilities to alleviate recurring flooding problems in various locations. The existence of undersized drainage facilities has contributed to flooding of homes on Ben Creek Court and Blue Creek Court, adjacent to the Lost Creek Golf Course, and on Powderhom Road. On November 30, 2004, the City Manager executed adrriinistratively an engineering agreement with J. B. Davies, Inc., for the design of the Lost Creek Phase 2 Drainage Improvements. This design resulted in the recommendation for the construction of storm drain facilities in the following locations: . Blue Creek Court, west of Snow Creek Drive to Cul-de-Sac. . Ben Creek Court, east of Lost Creek Boulevard to south of Dead End. . Powderhom Road, Lone Pine Road to Little Valley Road. Available bond funding for the proposed work is not sufficient to complete the project. The Storm Water Utility Program will provide additional funds to implement the construction of this project. The project was advertised for bid on April 24 and May 1, 2008, in the Fort Worth Star-Telegram. The following bids were received on May 22, 2008: Bidders Amount Time of Completion Bumsco Construction,Inc. $265,469.00 60 Working Days Jackson Constuucion TX, LTD $288,255.00 S.H.U.C., Inc. $295,889.00 Humphrey 8 Morton Const. Co., Inc. $304,307.30 Ed A.Wilson, Inc. $320,737.50 Gin-Spen, Inc. $344,961.00 http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 12/10/2008 Page 2 of Funding in the amount of $25,093.00 is included for associated storm drain and paving construction survey, project management, pre-construction, materials testing, inspection and project closeout. The contingency fund for possible change orders for storm drain construction and paving is$13,273.00. M/WBE — Bumsco Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 21 percent M/WBE participation. The City's goal on this project is 20 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 58X, 71U and V. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Storm Water Capital Projects 2007 Revenue Bonds Fund. TO Fund/Account/Centem FROM Fund/Account/Centers C200 541200 203280008783 $198,500.00 P229 541200 203280008783 $66,969.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Richard Argomaniz (8653) http://apps.cfwnet.orgtcouncil_packet/Reportsimc_print.asp 12/10/2008 MAY-16-2008 FR1 04:56 PM CITY F. W. ENGINEERING FAX N0, 817 871 7854 P. 02 CITY OF FORT WORTH DEPARTMENT OF ENGINEERTNG FNGINEERING SERVICES DIVISION ADDENDUM NO. 1 Lost Creek Phase 2 Drainage Improvements Lost Creek Addition—From Ben Creek Court to Golf Course Lost Creek Addition—From.Blue Creek Court South to Mary's Creek Westpoint Addition—From Powderhorn Road to Park Just South of Little Valley Road TPW Project No. C200 541200 2032900097 83 DOE No.4744 File No. SD-0135 RELEASE DATE: May 16,2008 BIDS RECEIVED: May 22,2008 INFORMATION TO BIDDERS: The Contract Documents for the above mentioned project are revised and amended as follows: 1. Unit II,DrainAee Improvements: Add to Special Provision 99 Pay Item-3' x 2% 3' x 3' Reinforced Concrete Box Sections —"All transitions from RC Box Storm Drain to RCP Storm Drain and/or RC Box Storm Drains shall be installed with prefabricated transition sections from a City approved pipe manufacturer or as directed by the Engineer. Alternative Box to RCP and/or Box transition methodologies may be permitted only if approved by Engineer prior to construction." 2. Unit 11,Drainage Improvements: Add Pay Items to Proposal: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.99 47 2 EA, Install Pipe Transition For Proposed RC Box to SC.100 Existing RCP Storm rain BID- f.1ut,U' Dollars& $1000.00 $Zoao,o 00542 _. ^Cents Per EA. SC_99 48 1 EA Install Pipe Transition From Proposed 2'X3'.RC BID- Box to Proposed 3' 3'RC Box Storm Sewer. 00542 _Dollars& $ D.a D $(XD.OO Cents Per EA. SC.12 49 3 EA ,tnta-hol�j Existin San' ry Sewer Service Lines. BID- � Dollars& 00899 Yt-O Cents Per EA. $SOD•yy $65) Page I of 2 MAY-16-2008 FRI 04:56 PM CITY F, W, ENGJNEERINd FAX N0, 817 871 7854 P. 03 Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal,Units 11: Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelop: "RECEIVED& ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON-RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED: A. DOUGLAS RADEMAKER,P.E. DIRECTOR,DEPARTMENT OF ENGINEERING By By: Dena Johnson,P.E. Title: �_. `C Program Manager �r j .. h Page 2 of 2 SPECIFICATIONS AND CONTRACT DOCUMENTS LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS FOR BEN CREEK COURT, BLUE CREEK COURT, AND POWDERHORN ROAD DRAINAGE IMPROVEMENTS LOST CREEK ADDITION—FROM BEN CREEK COURT SOUTH TO GOLF COURSE LOST CREEK ADDITION—FROM BLUE CREEK COURT SOUTH TO MARY'S CREEK WESTPOINT ADDITION—FROM POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLEY ROAD FILE NO.SD-0135 DOE PROJECT NO. 4744 TPW PROJECT NO. C200 541200 2032800087 83 IN THE CITY OF FORT WORTH,TEXAS MIKE MONCRIEF DALE A.FISSELER,P.E. MAYOR CITY MANAGER FRANK CRUMB,P.E.-DIRECTOR FORT WORTH WATER DEPARTMENT GREG SIMMONS,P.E.--ACTING DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A.DOUGLAS RADEMAKER, P.E. - DIRECTOR DEPARTMENT OF ENGINEERING Prepared by: J.B.DAVIES INC P�P��•O r %;r 1I1 ENGINEERS-SURVEYORS o*r?.•' '�d'*1¢ FORT WORTH,TEXAS j ....:......................... ..Z DAVID C.MATHIESEN / I................................/ ar/ •o: 93582 APRIL 2008 I1tllp�cc I��ENSE. •. �`L TABLE OF CONTENTS 1. Notice to Bidders 2. Comprehensive Notice to Bidders 3. Prevailing Wage Rates 4. Compliance with and Enforcement of Prevailing Wage Laws 5. Special Instructions to Bidders(TPW) 6. Special Instructions to Bidders(Water) 7. Proposal 8. Statement of Materials and Other Charges 9. Conflict of Interest Disclosure Requirement 10. Conflict of Interest Questionnaire(Form CIQ) 11. Vendor Compliance to State Law 12. Minority and Women Business Enterprises Specifications 13. Subcontractors/Suppliers Utilization Form 14. Prime Contractor Waiver Form 15. Good Faith Effort Fora 16. Joint Venture Eligibility Form _ 17. Special Provisions 18. `Green'Cement Policy Compliance Statement 19. Details 20. Permits/Easements 21. Certificate of Insurance 22. Contractor Compliance With Worker's Compensation Law 23. Equipment Schedule — 24. Experience Record 25. Performance Bond 26. Payment Bond _ 27. Maintenance Bond 28. Contract UN NOTICE TO BIDDERS Sealed Proposals for the following: 2004 CAPITAL IMPROVEMENT PROGRAM LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS FOR: BLUE CREEK COURT,BEN CREEK COURT,AND POWDERHORN ROAD D.O.E.NO.4744 PROJECT NO. C200 641200 2032800087 83 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursdpy, May 22 , 2008, 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 purchased at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents may be purchased for a non-refundable cost of thirty dollars($30.00)per set. Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Bidders`must complete the proposal sections and submit the complete specifications book or face rejection'of bid as non-responsive. The major work on the referenced project consists of the following: 48 LF 24"Class III RCP 121 LF 30"Class III RCP 103 LF 3'X2' Reinforced Concrete Box Storm Sewer 307 LF TXT Reinforced Concrete Box Storm Sewer 1 Standard 4' Storm Manhole 1 Standard 5' Storm Manhole For additional information concerning this project, please contact David Mathiesen, P.E., Project Manager at the office of J. B. Davies, Inc. (817) 870-0056 or Richard Argomaniz, P.E. Project .. Manager, at the City of Fort Worth, (817)392-8653. A pre-bid conference will be held on Wednesday, May 14, 2008 at 11:00 a.m., In the Department of Transportation and Public Works Conference Room, Room 270, 2nd Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. Department of Engineering A Douglas Rademaker, Director Advertising Dates: April 24, 2008 i May 1, 2008 01 Nofte to Biddwr_Rev.doo COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: 2004 CAPITAL IMPROVEMENT PROGRAM LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS.FOR BLUE CREEK COURT,BEN CREEK COURT AND POWDERHORN ROAD: DRAINAGE IMPROVEMENTS LOST CREEK ADDITION.—FROM.BLUE CREEK COURT SOUTH TO MARY`S'CREEK LOST CREEK ADDITION-FROM BEN CREEK COURT SOUTH TO GOLF COURSE WEST POINT ADDITION-FROM POWDERHORN ROAD.TO PARK JUST SOUTH OF LITTLE: VALLEY ROAD 0.0:e.NO.4744 CITY PROJECT NO.C200 641.200 2032800087 83 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth,-Teicas,.:will be recelved at .,tha ,Purchasing Office until 1,.30 p.m. on Thursday May 22, 2008 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. A..set of plans and..documents may be purchased on a ton-refundable basis for thirty dollars ($30.00) for'each set. These docurnetits. contain additional information for prospective bidders. ,All:bidders will be required to comply with'provision 5159a of 'Vernon s.Annotated.Civi[Statutee of the State of Texas with respect to.the payment of prevailing.Wage rates..and City.Ordinance'No .7218,as amended by City,Ordinance No:.7400(Fort Worth City Cade Sections 13-Ar21 through.1.3- .A:29),prohibiting discrimination in employment practices. Bid:security is required in accordance with Paragraph 2 of the Special Instructions to.Bidders. .The .major work on the above project shall generally consist of fhe following (quantities sMr+t! approximate): 48 LF 24"Class III RCP 121 LF 30"Class III RCP 103.I F 3'X2'Reinforced Concrete Box Storm Sewer: 307 LF . 3'X3'Reinforced Concrete Box Storm Sewer. I Standard 4'Storm MaWidle 1 Standard 5'Storm Manhole Included in:the above will be all other items of construction as outlined in the plans and Specifications. Construction time is§0 Working Days AWARD OF CONTRACT: 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 of receipt.of Contractor's documents. The award of contract, If made,will be within nine. (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 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. Bidders are responsible for obtaining all addenda to the contract.documents_and acknowledging .0 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. HEAVY&HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Opera for $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine r $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 .� Bulldozer QpgqDr $13.22 Cwpenter $12.80 Concrete Finisher,Paving $12.85 Concrete Finisher,Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Pa-vinj Finishing MachineOperator_ $13.63 Concrete Paving Joint Sealer Operator $12.50 .� Concrete eavipA Saw Operator $13.56 Concrete Paving Spreader Operaq $14.50 Concrete Rubber $10.61 Crane,Clamshell,Backhoe Derrick,Dragline,Shoves O rator $14.12 Electrician $18.12 Flagger $ 8.43 Form Builder/Setter Structures $11.63 Form Setter,Paving&Curb $11.83 Foundation Drill Operator,Crawler Mounted $13.67 Foundation Drill Operator,Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer,Common $ 9.18 Laborer,Utility $10.65 Mechanic $16.97 Milling Machine Operator,Fine Grade $11.83 Mixer Operator $11.58 Motor Grader OpSator,Fine Grade $15.20 Motor Grader razor,Rough $14.50 .• Oiler $14.98 Painter,Structures $13.17 Pavement Marking Machine Operator $10.04 Pi la er $11.04 .. Reinforcing Steel Setter,Paving $14.86 Reinforcing Steel Setter,Structure $16.29 Roller Operator,Pneumatic,Self-Propelled $11.07 Roller Operator,Steel Wheel,Flat Wheel/Tamping Wheel/Tamping $10.92 Roller Operator,Steel Wheel,Plant Mix Pavement $11.28 Scraper Operator $11.42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator,Crawler Tye $12.60 Tractor Op5rator,Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver,Lowboy-Float $14.93 Truck Driver Single Axle,Heavy $1 I.47 Truck Driver,Single Axle,Light $10.91 Truck Driver,Tandem Axle,Semi-Trailer $11.75 Truck Driver,Transit-Mix $12.08 Wagon Drill,Boring Machine,Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 Comuliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. .L (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023,Texas Government Code,by a contractor or subcontractor,the City shall make an initial determination,before the 31 sc day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged LL violation of Section 2258.023,Texas Government Code,including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq.,Revised Statutes)if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph(c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required,a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The `y decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all COMPREHENSIVE NOTICE To:isIaDERs regarding the status of addenda may be obtained by contacting the.Department of Engineering at (817)3924910.' In accord with the City of Fort Worth Ordinance No .15530, the City of Fort Worth has:goals for the. participation of"m1n6nty business enterprises and:i Omen business enterprises.in City contracts: A-- copy'of the,Ordinance can be obtained from the Office of the City Secretary,: rra add�r;on,the btddsl shall submit.the:MBEIWBE UTILIZATION FORM;. SUB.CbNTRACTOR/ SUPPLIER: UT:ILZATION: ` FORM, PRIME CONTRACTOR WAIVER FORM"GOOD FAITH EFFORT FORM and/or the-JalNT: VENTURE FORM.("Documentation") q0 appropriate, The Documentation must be received by the , . managing de artment no later than 5:00 9 g P p;m.; anthin..five:(5).Gity business days after bid'opening• :• :date. The bidder shall obtain a receipt from the appropriate employee of the managing:department to whom delivery.was made. Such receipt shall Ike dvddenee that the Documentation was received by the City. Failure tb comply shall render the bid nonresponsive. • The water and sanitary:sewer;work must be performed by:a.contractor that is pre-qualified by the Water Department.at the time of the bid opening. A general contractor, who is not pre-qualified:by the Water Department, must employ the services of a: sub-contractor who is. pre-qualified. -The- procedure for pre-qualification is outlined in the"Special Instructions to Bidders(Water—Sewer)". The:Managing Department for this project Is the Department of Engineering. For additional Information concerning this proJegk..please,contact David Mathieseri,. P.E, Project Manager at..the offces of J. B: Davies, Inc., (817) 870-0i?56 or RichardArgomaniz,-.p:.E, Project. Manager at the.Cityof FortW- orth,(817)392-8651.. A: rebid p , conference will tie held on Wednesdajr; May 14.2d08 at 11:00 a.m.,in.the:Department.ctf Transportation.and Public blocks Conference Room, Room 270;.2nd Floor, City Municipal:B:UIiding,.• 10l)0 Tlirockmorton.Street, Fort Worth, Texas. Bidders° are encouraged to review the ptaris and specifications:prior io the pre-bid conference.. DALE A. FISSELER; P.E.. CITY MANAGER MARTY HENDRIX CITY SECRETARY 'r A DOUGLAS:,RADEMAKER P.E., DIRECTOR DEPARTMENT OF ENGINEERING ` By: t•- tCLI F Dena:Iohnson, P.E.M nager, Engineering Services Advertising Dates: Aorfi 24.2008 j.11Nay:,2008 a11i 2006 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY _ AC Mechanic $21.69 Plumber $20.43 AC Mechanic Helper $12.0D Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/Stone Mason $19.12 Roofer $14.00 Bricklayer/Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 Carpenter Helper $11.91 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler System Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 .� Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall Hel r $10.91 Concrete Pump $20.50 Cranes Clamsheet,Backhoe,Derrick,DLine Drywall Taper $13.00 Shovel $17.76 Drywall Taper Helper $9,00 Forklift $12.63 Electrician(Journeyman) $20.20 Front End Loader $10,50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electrons[Technician Helper I $1Z.00 Welder Helper $9.75 Floor Layer(Resilient) $20.00 .� Floor Layer Helper $13.00 Glazier $18.OD .� Glazier Helper $13.00 Insulator $14.78 Insulator Helper $11,25 Laborer Common $10,27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper $8.00 Pipefitter $18.85 Y Pi efitter Helper $12.83 Plasterer $17.25 Plasterer Het r $12.25 mo (f) reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. _. (g) Eay Estimates. With each partial payment estimate or payroll period,whichever is less;the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (h) Postingof f Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (i) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)through(g)above. SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the. treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance 10/27/04 1 _ with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a Maintenance Bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2) years after the date of acceptance of the project from defects in workmanship and/or material. 3. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No.7400 (Fort Worth City Code Section 13-A-21 through 13-a- 29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government _ Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid.to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise.require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 10/27/04 2 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury- $500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each occurrence). The City reserves the right to request any other insurance coverage as may be required by each individual project. ,. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor`s workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 10/27/04 3 Now k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. I L MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of _ Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise(WBE)on the contract and payment thereof. Contractor further agrees to 10/27/04 4 permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (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 of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT; The Contractor will receive full payment (minus retainage) from the .City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Plans Desk of the Department of Engineering Construction Division at (817) 392-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 9406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or 10/27/04 5 employees of any entity that furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or toner services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, 4 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. £ The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. .. 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 F payroll amounts and filing of any coverage agreements, which meets the 10/27/04 6 statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom, it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 10/27/04 7 B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes •• persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 16. NON-DISCREVIINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color,-or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy ("Policy') of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers, members, agents, or employees, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully 10/27/04 g comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. _ d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, City shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 10/27/04 9 SPECIAL INSTRUCTIONS TO BIDDERS l) PI-.EQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public .� accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(I)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(S%)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law,or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: 09/10/04 1 (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following.the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(U)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Right to Audit,under paragraph L of Section C 1:Supplementary Conditions To Part C— General Conditions,pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its ,�p subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the _ Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresidents bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. 09/10/04 2 _ Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will filly comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: 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 MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 pm.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall _ be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof Contractor frther agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(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 of not less than three(3)years. 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. 09/10/04 3 _ d. The warranty period shall begin as of the date that the final punch list has been completed e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. F F 09/10/04 4 PROPOSAL TO: Mr. Dale A. Fisseler,P.E. City Manager Fort Worth, Texas T FOR: LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS FOR: LOST CREEK ADDITION—FROM BLUE CREEK COURT SOUTH TO MARY'S T CREEK LOST CREEK ADDITION—FROM BEN CREEK COURT SOUTH TO GOLF COURSE WESTPOINT ADDITION—FROM POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLEY ROAD DOE NO. 4744 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor,equipment,and materials necessary to complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth.Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: UNIT II:DRAINAGE IMPROVEMENTS Furnish and install,including all appurtenant work,complete in place,the following items: (SC.-##refers _ to specifically related items of the Special Provisions of these Specifications and Contract Documents,all applicable General Specification and Special Provisions apply): SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.69 1. 4 EA. Project Designation Sign BID— TWO HUNDRED FIFTY Dollars& .. 00504 NO Cents Per EA. $2�00 $1000.000 SC.70 2. 1 LS. Utility Adjustment BID— FOUR THOUSAND Dollars& 00414 Cents Per LS. $4 0, 00.00 $4 00.00 SC.54 3. 216 LF. Remove Existing Curb and Gutter BID— T 1x1C Dollars& 00424 YN-O Cents Per LF. $ -t70 $ y 3oZ.cc SC.46 4. 181 LF. Concrete Curb or Curb and Gutter Including SC 91 LAydovp Curb BID— Dollars& 00425 Cents Per LF. $ 01H.00 SC.53 5. 720 SF. Remove Existing Concrete Driveway, SC 91 Sidewalk,Leadwalk BID— _ C Ke Dollars& 00402 WO Cents Per SF. Proposal Page 1 of 6 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.61 6. 3 EA. Remove/Salvage/Reconstruct Existing BID- Brick Mailbox 00407 Dollars& BID- NA-0 Cents Per EA. $ 4M. $ 1:aoo.00 00408 SC.95 7. 1 EA. Remove Existing 10-Foot Inlet Top BID- E ;1n '�. e1 Dollars& 00846 ttiD Cents Per EA. $ %00.00 $�•C SC.95 8. 1 EA. Remove Existing,20-_F000t Inlet Top BID- Dollars 00846 Per EA. & $ 12CO-M $ to SC.55 9. 1 EA. Remove Existing I 0-Foot Inlet BID-- Dollars& 00102 WV.-C Cents Per EA. $ scV. $ %Cacti SC.66 10. 1 EA. Standard 10-Foot Curb Inlet BID- Dollars& 00106 Cents Per EA. 01C EO $ SC.66 11. 1 EA. Standard 15-Foot Curb Inlet BID- Dollars& _ 00107 i/t y Cents Per EA. $3tKy' $ Mrc- SC.66 12. 1 EA. Standard 20-Foot Curb Inlet BID- ¢ Dollars& 00108 I&D Cents Per EA. $5cw.00 $�_ SC.95 13. 1 EA. Standard 10-Foot Curb Iplet Top BID- .L, Dollars& 00846 Q ti,o Cents Per EA. SC.95 14. 1 EA. Standard 20-Foot Curb Vet Top BID- 4A&mAa Dollars& 00846 J y buQ Cents Per EA. $ 3LIC0. $ 3�Lz�• SC.96 15. 2 EA. Connect Proposed Storm Drain Main to BID- Existing Storm Drain Inlet 00121 Dollars& Cents Per EA. $5O•co $ DO.fr SC.96 16. 1 EA. Connect Existing Storm Drain Main to BID- Proposed Storm Drain Inlet 00121 Dollars& Cents Per EA. $ S0.00 $ 50.cr SC.97 17. 63 SF. 4-Inch Reinforced Concrete Sidewalks, SC 91 Lead walks- BID- Dollars& $ $.OD $ _50g,D 00527 Cents Per SF. Proposal Page 2 of 6 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.56 18. 792 SF. 6-Inch Reinforced Concrete Standard SC 91 Driveway Approach Pavement BID— �p�_ Dolbns& $ .rJO $ 00404 Cents Per SF. SC.94 19. 2 EA. Storm Drain Concrete Manhole Collar SC 91 Dollars& BID— V-0 Cents Per EA. $3M.00 $ ISO•tE) 00197 SC.94 20. 2 EA. Sanitary Sewer Concr to Manhole Collar SC 91 L Dollars& BID— k.o Cents Per EA. $ 00197 SC.66 21. 1 EA. Standard 4'Storm DrW4 Manhole BID— ..�. Dollars& 00118 1,.o Cents Per EA. SC.66 22. 1 EA. Standard 5' Storm Drain anhole BID— Dollars& 00115 V�uy Cents Per EA. $ D.OD $a DD. SC.100 23. 48 LF. Proposed 24-Inch Class III RCP Storm BID— Dr in 00082 Dollars& $l 0.DO $loa tjD.O C is Per LF. SC.100 24. 121 LF. Proposed 30-Inch Class III RCP Storm BID— Drain 00083 Vk lents Per & $ 145.VV. $175�5• LF. SC.99 25. 103 LF. Proposed 3'x 2' Class III RC Box Storm BID— Sewer 00870 Dollars& $,23 5•ca $2 4� Vt-0 is Per LF. SC.99 26. 307 LF. Proposed 3'x 3'Class III RC Box Storm BID— Sewer 00871 Aw A4 j -"�g Dollars& $�1,3•CV $ 80 D Un T Cements Per LF. SC.98 27. 134 LF, Proposed 30"High Density Polethylene BID— Pi e 00293 - ollars& $ tj G1.00 $.23 l; nts Per LF. SC.100 28. 3 EA Propos 30-Inch 22030"RCP Bend BID— Dollars& 00121 Leo Cents Per EA. $ 50.00 $ Sc. DO SC.100 29. 1 EA Proposec136-Inch 22*30"RCP Bend BID— �� Dollars& 00121 �. Cents Per EA. $ 50•co $ �0• r. Proposal Page 3 of 6 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.67 30. 825 CY. Trench Excavation and Backfill for Storm BID- Drains 00101 '�&••o Dollars& U-40 Cents Per CY. $ •DO $ 16,5D. SC.101 31. 674 LF. Trench Safety System for Trenches BID- Greater Than Five Feet Deep 00372 O 1tis Dollars& K.o Cents Per LF. $ 1.00 $ to714-CC SC.51 32. 388 SY. Permanent Pavement Repair Per Fig. SC 91 2000-413 BID- and Fig 4 HMAC. 00450 3 Dollars& $ .DO $3oL42L.o 1% Cents Per SY. SC.105 33. 80 CY. 12"Rock Rip Rap Protection BID- A.;�_ Dollars& 0094 w Cents Per CY. $ 305.00 $ asoo-co - SC.106 34. 72 SY. Gabions and Gabion Mattresses BID- L...: . _ Dollars& 0067 J —cents Per SY. SC.71 35. 75 CY. Topsoil BID- SS Dollars& 00147 No Cents Per CY. $ 16.00 $ 1200.00 SC.102 36. 4 EA. Remove Concrete Headwall _ BID- '•'y��L^-' Dollars& 0070 vw Cents Per EA. $ laDO•D0 $ 2 0w.00 SC.103 37. 9 CY. Type`B'Modified Reinforced Concrete BID- Headwall 0069 Dollars& �.O G is Per CY. $1050.00 $ 5 q w. SC.59 38. 63 LF. Protect/Remove/Salvage/Reconstruct BID- Existing Iron Fence/Stone and Mortar 00126 Wall '•' BID- cT.... Dollars& $ 20.00 $ 13 t D.oc 00127 � Cents Per LF. SC.107 39. 2 EA. 8"Diameter Waterline Adjustment to SC.108 Avoid Storm Drain conflict Per Each BID- Location to Include All Fittings and 00414 Concrete Encasemen Dollars& $?500-t>0 $ Sabo. '• 14 V We Cents Per EA. SC.108 40. 1 LS. Furnish and Lay 2-Inch Pipe for BID- Te orary atgr Services. 00768 R,o Dollars& 1-0 v Cents Per LS. $ 256.DO $ :1 So• Proposal Page 4 of 6 .. SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID SC.104 41. 30 CY. Class`A'3000 psi Concrete for _ BID— Miscellaneous Placement as Directed by 00544 the En ineer _ Dollars& $ jo.00 $ geo.co Cents Per CY. SC.104 42. 30 CY. Class`D' 1500 psi Concrete for BID— Miscellaneous Placement as Directed by 00544 the Engineer T i,,...� Dollars& OO $ U_C, Cents Per CY. SC.92 43. 1 LS. Traffic Control Plan BID— Dollars& 00181 1i►0 Cents Per LS. $ 15D0 OD $ 5� oo•00 SC.109 44. 230 SY. Sodding, BID- Dollars& 00137 Cents Per SY. $ It-Do $ 1940.D SC 110 45. 10 CY. Flowable Fill. BID— 1��+., �,,..Q� Dollars& 00544 V� Cents Per CY. $ 45.00 $ qso. SC 108 46. l EA. Relocate Water Meter Box.Include BID— Service Line to 'ap 00549 _ Dollars& BID- k-v Cents Per EA. $ moo•aD $ :5oo•ocj 00759 v l'{7. TOTAL BID: $ W�. GRAND TOTAL AMOUNT BID: $ -2 I0 5, y 10 GRAND TOTAL AMOUNNT BID IN WRITING$ V Proposal Page 5 of 6 This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales taxes under House Bill 11,enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. (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. Non resident bidders in the State of ,our principal place of business,are not required to underbid resident bidders. + B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. LM The undersigned agrees to complete all work covered by these contract documents within Sixty (60)Working Days from and after the date for commencing work as set forth in the written Work Order to be issuedby the Owner and to pay not less than the"Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached dg sit check in the sum of S Dollars 4M Is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (Uwe), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1(Initials) Addendum No.3(Initials) Addendum No.2(Initials) Addend (Initials) RespectfuIl ubmitted: agmsto Co"waucrtowl�k,n G. By Address em I SoUTRWCS-r ELM 5eN 1 00 i<,t�c lei S a (SEAL) Telephone $11—73$—'s 1 p p Date -5 lazk Io$ Proposal Page 6 of 6 Statement of Materials and Other Charges MATERIAL INCORPORATED INTO THE PROJECT: $ I Sg IZ'%I .y 0 ALL OTHER CHARGES: $ �� . l8'1 . 60 *TOTAL: $ 2 to 5 i 4 tag _o a 'This total must agree with the total figure shown in Part B-Proposal, TOTAL AMOUNT BID for this UNIT in the bound contract. For Purposes of complying with the Texas Tax Code,the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACT IS TO BE FILLED OUT. 7 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: ?XAR 14SC.D CoW.tMu c_-rte N,1 r c- By: otatZl�S (PleasCpi ML Sarrmwayr QLVD Signature &,yBemt< 1 C 7i0 l 3 a Title: S l ZJ 1=1i"T' City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR.QUOTATION ' I 07-03-08 Al 0 : + ATTACHMENT IA Page 1 of 4 Fo R r WORTH City of Fort worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Burnsco Construction, Inc. PROJECT NAME: I M/W/DBE NON-M/W/DBE Host Creek Phase 2 Drainage Improvements for: BID DATE + Blue Creek Ct, Ben Creek Ct, & Powderhorn Rd May 22,, 20081I� City's MlwBE Project Goal: Prime's M/WBEC Project Utilization: C 2 0 0 5 41097 Nti U 8 0 0 0 8 7 20 % 20 % 83 U l r Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MMBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson,Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct + payment from the prime contractor to a subcontractor is considered 1"tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace,that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(MMIBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and + operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/ BEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. .. Rev.5/30/03 I � .� I ATTACHMENT IA FORT IVORTH Page 2 of 4 y Primes are required to identify ALL subcontractors/suppliers, regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. _ Certification N (check one) SUBCONTRACTORISUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D W Telephone/Fax r B B R o 8 E E C T E A Trucking & Const. Co. of TX, Inc. X Hauling by P.O. Box 951 Dumptruck $10, 000. 00 Keene, TX 76059 1 ' 817-558-0525 817-645-6441 Trucking & Const. Co. of TX, Inc. X Aggregates $9, 500. 00 P.O. Box 951 Keene, TX 76059 1 817-558-0525 817-645-6441 Cowtown Redi Mix Concrete X Ready Mix P.O. Box 162327 1 Concrete $9, 000. 00 Fort Worth, TX 76151 817-759-1919 817-759-1716 Ricochet Fuel Distributors, Inc. 1 X Fuel 1201 Royal Pkwy $5000.00 Euless, TX 76040 817-268-5910 817-282-7497 Perkins ConstructiDr 3721 Huntwick Dr. Ft. Worth, TX 76123 Asphalt 817-346-7140 Paving $12000 . 00 817-263-9621 1 X Axis Contracting P.O. Box 360715 1 X Concrete Da1la89xTX 75336 Pavintjg $8949. 00 .. 972-557-3672 972-557-3740 '� Rev.5/30/03 07-03-08 Al 0 : 09 IN ATTACHMENT IA FORT WORTH Page 3 of 4 ' Primes are required to identify/L subcontractors/suppliers, regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N o SUBCONTRACTOWSUPPLIER T (check one) Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount - Telephone/Fax r g B T o e E E C T E A Act Pipe & Supply 2585 NE 28th St. 1 X PVC Pipe $3200. 00 Ft. Worth TX 76111 817-831 -1663 - 817-831 -1903 Hanson 1000 N Macarthur 1 X Concrete Grand Prairie, TX Pipe $33100. 00 75050 972-260-3455 972-260-3633 r "' Rev.5130103 ATTACHMENT 1A FOR1_ ��TH 07-03-08 A10 : 09 IN Page 4of4 � T Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 54,449 .00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 36, 300 . 00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 90, 749. 00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, .. complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or 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 Authorized I ignature Printed Signature President Ab Grantges Title Contact NamdTitie(it different) Burnsco Construction, Inc. 817-738-3200 / 738-3203 n Company Name Telephone and/or Fax 6331 Southwest Blvd burnscoinc2@aol.com Address E-mail Address Benbrook, TX 76132 July 2, 2008 Clty/Btawilp Date r "r Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH �----�•..�..�--- City of Fart Worth J5-29-08 Al . . Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe Surnsco Construction, Inc, prime TMIW/DBE NON-MNV/DBE PROJECT NAME: Ix Lost Creek Phase 2 Drainage Improvements for:Blue Creek Court,Ben Creek Court and BID DATE Powderhorn Road City's M/WBE Project Goal: PROJECT NUMBER 20% C200 541200 2032800087 83 Ifyou have fa�ledto secure MNVBE particiation and you have subcontracting anrllar suppler opporEuart�es or if ydyr DBE partic�patioi is.less than:the GI#y's project goal,you.'Must compiete:th�s form If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and " submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. failurc�fo complete this ftlrrri, �n Its, entirety with`support�ngdocumentatton, and recelvecl ksy the Mar:agmg Department:onr before 5 00 p m five i5} CEty buslnessays after bid opening1 exclusive of bid»peeing tlate, nrlll,result in the:bid being consldereclron'r s ons>veo b�d::specifcaton� P I J Please list each and every subcontracting and/or supplier opportunity] for the completion of this project, regardless of whether it is to be provided by a MNVBE or non-MIWBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, ff necessary) List of Subcontracting Opportunities List of Supplier Opportunities Barricades Rebar Erosion Control Hauling by Dumptruek Fuel Concrete (Redi-Mix) ATTACHMENT1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing 3 / 5 / 2 0 0 8 No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? X Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? X Yes (If yes,attach list to include name of M/WBE firm,person contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MfWBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? X Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. _ Please use additional sheets, if necessary,and attach. Company Name Telephone Contact Person Sco a of Work Reason for Re ection omas ReyesJessie Hau ing by Not iow bidder Truckin 631 -2711 alas uez Dumptruck Ornelas & 214 Manuel Ornelas Hauling by Not low bidder Dum truck Ted Alvarez 972 Ted Alvarez Hauling by Not low bidder T u kin Trucking and 817 Cindy Cornish Aggregat89 Not low bidder e� Rev.05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. Burnsco Construction will be utilizing the following MWBE firms: Trucking & Construction - Hauling by Dumptruck - $8, 000.00 Cowtown Redi-Mix - Redi-mix Concrete - $4, 500. 00 Ricochet Fuel - Offroad Diesel - $5, 000. 00 For a total of $17, 500. 00, appuoximately 6. 6% of contract. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed 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 creates 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in nc nt 1 C will be contacted and the reasons for not using them will be verified by he City' L E Office. John Burns AuthorizYN gnature Printed Signature Presidehtt Ab Grantges - Project Manager Title Contact Name and Title(if different) Burnsco Construction, Inc. 817-738-3200 / 817-738-3203 Company Name Phone Number Fax Number 6331 Southwest Blvd. burnscoinc2@aol.com Address Email Address Benbrook, TX 76132 5/28/2008 City/State/Zip Date .� Rev.05/30/03 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Centex& 1. SCOPE OF WORK...................................................................................................................................SP4 2. AWARD OF CONTRACT.................................................................................. ..........................SP4 3. PRECONSTRUCTION CONFERENCE..................................................................................................SP4 4. EXAMINATION OF SITE ......................................................................................................................SP-4 5. BID SUBMITTAL....................................................................................................................................SP-5 6. WATER FOR CONSTRUCTION............................................................................................................SP-5 7. SANITARY FACILITIES FOR WORKERS......................................... ..................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 UIILITIES.............................................................................................................................SP-6 13. PARKWAY CONSTRUCTION...............................................................................................................SP-6 14. MATERIAL,STORAGE...........................................................................................................................SP-7 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS..........................................................................................................................SP-7 16. INCREASE OR DECREASE IN QUANTITIES......................................................................................SP-7 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..........................................................SP-7 18. EQUAL EMPLOYMENT PROVISIONS................................................................................................SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)COMPLIANCE.......................................................................................................................SP-8 20. FINAL CLEAN UP...................................................................................................................................SP-9 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATIONLAW..........................................................................................................................SP-9 22. SUBSTITUTIONS.................................................................................................................................SP-12 23. MECHANICS AND MATERIALSMEN'S LIEN................................»................................................SP-12 24. WORK ORDER DELAY 25. WORKING DAYS ..................................................................................................................................SR 12 26. RIGHT TO ABANDON...........................................................................................................................SP 12 27. CONSTRUCTION SPECIFICATIONS..................................................................................................SP-12. 28. MAINTENANCE STATEMENT ............................................................................................................SP-12 29. DELAYS ...................................................................................................................................SP-13 30. DETOURS AND BARRICADES ............................................................................................................SP-13 31. DISPOSAL OF SPOHAILL MATERIAL ..............................................................................................SP-13 32. QUALITY CONTROL TESTING ...........................................................................................................SP-13 33. PROPERTY ACCESS..............................................................................................................................SP-14 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ...............................................SP-14 35. WATER DEPARTMENT PRE-QUA.LIFICATIONS .............................................................................SP-14 36. RIGHT TO AUDIT ..................................................................................................................................SP-15 37. CONSTRUCTION STAKES ...................................................................................................................SP-15 38. LOCATION OF NEW WALKS AND DRIVEWAYS ..........................................................................SP-15 39. EARLY WARNING SYSTEM FOR CONSTRUCTION.........................................................................SP-15 40. AIR POLLUTION WATCH DAYS.....................................................................................I............4.4...SP-16 05/27/05 Sp-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM-UNCLASSIFIED STREET EXCAVATION....................... 42. PAY ITEM-6"REINFORCED CONCRETE PAVEMENT...................................................................SP-17 43. PAY ITEM-SILICONE JOINT SEALING.............................................................................................SP-17 44. PAY ITEM-7"CONCRETE CURB....»..................................................................................................SP-21 45. PAY ITEM-RETAINING WALL.................. .......................................................................................SP-21 46. PAY ITEM-REPLACE EXISTING CURB AND GUTTER..................................................................SP-21 ' 47. PAY ITEM-HMAC TRANSITION........ ............................................................................................SP-21 48. PAY ITEM-6"PIPE SUBDRAIN...........................................................................................................SP 21 49. PAY ITEM-TRENCH SAFETY.............................................................................................................SP 22 50. PAY ITEM-8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION................................................................................................................SP 22 51. PAY ITEM-6-HMAC PAVEMENT(FIGA)(THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES)...................................................... .........................................................SP 22 52. PAY ITEM-CONCRETE FLAT WORK(CURB,CURB&GUTTER,SIDEWALKS, �.. LEADWALKS,WHEELCHAIR RAMPS AND DRIVEWAYS)......:................................SP-23 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK,DRIVEWAYS,STEPS, LEADWALKS AND WHEELCHAIR RAMPS..................................................................SP-23 54. PAY ITEM-REMOVE EXISTING CURB AND GUTTER...................................................................SP-24 55. PAY ITEM-REMOVE EXISTING CURB INLET...................... SP-24 ........................................................... 56. PAY ITEM-6"REINFORCED CONCRETE DRIVEWAY...................................................................SP-24 57. PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS........................................................SP-24 58. PAY ITEM-4' STANDARD CONCRETE SIDEWALK,LEADWALK AND WHEELCHAIR RAMP.......................................................................................................SP-24 p+ 59. PAY ITEM-REMOVE AND REPLACE FENCE...................................................................................SP-24 _ 60. PAY ITEM-STANDARD T'CURB AND 18"GUTTER......................................................................SP-25 61. PAY ITEM-REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS 62. PAY ITEM-BORROW .................................................................................SP-25 63. PAY ITEM-CEMENT STABILIZATION..............................................................................................SP-25 64. PAY ITEM-CEMENT .........................................................................................................................SP-25 65. PAY ITEM-NEW 7"CONCRETE VALLEY GUTTER........................................................................SP 25 66. PAY ITEM-STORM DRAIN INLETS AND MANHOLES...................................................................SP 25 67. PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN.....................................»..................................................................SP-26 68. PAY ITEM-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE)....................................................................SP-26 69. PRE BID ITEM-PROJECT DESIGNATION SIGN...............................................................................SP-27 70. PRE BID ITEM-UTILITY ADJUSTMENT...........................................................................................SP-28 71. PRE BID ITEM-TOP SOIL..................................................................................................................SP-28 72. PRE BID ITEM-ADJUST WATER VALVE BOX............................................:...................................SP-28 73. PRE BID ITEM-MANHOLE ADJUSTMENT......a...............................................................................SP-28 74. PRE BID ITEM-ADJUST WATER METER BOX................................................................................SP-28 75. NON-PAY ITEM-CLEARING AND GRUBBING................................................................................SP 29 76. NON-PAY ITEM- SPRINKLING FOR DUST CONTROL...................................................................SP-29 77. NON-PAY ITEM- PROTECTION OF TREES,PLANTS AND SOILS................................................SP-29 78. NON-PAY ITEM-CONCRETE COLORED SURFACE.......................................................................SP-29 05/27/05 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 79. NON-PAY ITEM-PROJECT CLEAN-UP..............................................................................................SP 29 80. NON-PAY ITEM-PROJECT SCHEDULE............................................................................................SP-30 81. NON-PAY ITEM-NOTIFICATION OF RESIDENTS...................................„.....................................SP 30 82. NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-30 83. NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING........................................SP-30 84. NON-PAY ITEM-WASHED ROCK.....................................................................................................SP-31 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE...................................................................SP-31 86. NON-PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES..........................................................................................SP-31 87. NON-PAY ITEM-TIE-IN INTO STORM DRAIN STRUCTURE........................................................SP-31 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT......................................................................SP-31 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-32 90. NON PAY ITEM-TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN 1 ACRE)....SP-32 91. NON PAY ITEM-`GREEN'CEMENT POLICY .................................................................................SP-33 92. NON PAY ITEM-TRAFFIC CONTROL ......................................................................................„......SP-33 93. NON PAY ITEM-PROTECTION OF ADJACENT STRUCTURES....................................................SP-34 94. PAY ITEM-CONCRETE MANHOLE COLLARS................................................................................SP-34 95. PAY ITEM-REMOVE AND REPLACE EXISTING INLET TOPS.....................................................SP-34 96. PAY ITEM-CONNECT TO EXISTING/PROPOSED STORM DRAIN INLET OR STORMDRAIN MAIN....................................................................................................SP-35 97. PAY ITEM-4"REINFORCED CONCRETE SIDEWALK,LEADWALK, OR DRIVEWAY PAVEMET............ ..............................................................................SP-35 98. PAY ITEM-30"HIGH DENSITY POLETHYLENE PIPE(HDPE) ....................................................SP-35 99. PAY ITEM-3X2,3X3 REINFORCED CONCRETE BOX SECTIONS...............................................SP-35 100. PAY ITEM-24"AND 30"DIAMETER CLASS III RCP STORM DRAINS........................................SP-35 101. PAY ITEM-TRENCH SAFETY SYSTEM FOR TRENCHES GREATER THAN 5 FEET DEEP......SP-36 102. PAY ITEM-REMOVE CONCRETE HEADWALL...............................................................„.............SP-36 103. PAY ITEM-TYPE B MODIFIED REINFORCED CONCRETE HEADWALL...................................SP-36 104. PAY ITEM-MISCELLANEOUS PLACEMENT OF MATERIAL.......................................................SP-36 105. PAY ITEM-ROCK RIP RAP SLOPE PROTECTION..........................................................................SP-37 106. PAY ITEM-GABIONS AND GABION MATTRESSES......................................................................SP-37 107. PAY ITEM-8"DIAMETER WATERLINE ADJUSTMENT TO AVOID CONFLICT WITH STORM DRAIN PER EACH LOCATION........................................................................SP 39 108. PAY ITEM-INSTALLATION OF WATER FACILITIES....................................................................SP-39 109. PAY ITEM-SODDING.......................................................................................................„..................SP-44 110. PAY ITEM-FLOWABLE FILL ............................................................................................................SP-44 05/27/05 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS: BLUE CREEK COURT, BEN CREEK COURT AND POWDERHORN ROAD LOST CREEK ADDITION—FROM BLUE CREEK COURT SOUTH TO MARY'S CREEK LOST CREEK ADDITION—FROM BEN CREEK COURT SOUTH TO GOLF COURSE WEST POINT ADDITION—FROM POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLEY ROAD Project No.C200-641200 203280008787 D.O.E. NO. 4744 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Reconstruction of Storm Drainage Improvements 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: Submission of Bid: Lost Creek Unit 11: Drainage Improvements. If the Contractor submits a bid on Unit 11 and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. 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 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. 05/27/05 SP-4 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. 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: Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify In writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that 05/27/05 SP-5 there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall — retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract, and (11) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. _ Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include In its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through (g)above. _ (Wage rates are 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. 05/27/05 SP-6 U. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property owner and/or 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. 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 do 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 Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such Injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, Its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such Injury or damage Is caused in whole or in part by the negligence or alleged negligence of City,Its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. U. 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. 05/27/05 SP-7 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(M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is — incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM,as applicable, must be submitted within fine(5)city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts(other than a negligent misrepresentation) and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance,or to demonstrate"good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/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 M/WBE utifation or good faith effort forms as applicable. Failure to contact the listed M/WBE 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 MM/BE subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 05/27/05 SP-8 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10)days after final payment from the City,the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 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'stperson'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 05/27/05 SP-9 of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new — certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one 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 05/27/06 SP-10 (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 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 tiled 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 entities 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 addltional 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." Cali 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". 05/27/05 SP-11 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 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 Buliding, 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 w. 05/27/05 SP-12 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. 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 SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). 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 spoil/fill 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 05/27/05 SP-13 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. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 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 line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (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 05/27/05 SP-14 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 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 excavation/or 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 re-locate 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 05/27/05 SP-15 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. 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 "Law 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 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. 05/27/05 SP-16 Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be -� considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the 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. PAY ITEM-SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: 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 05/27/05 SP-17 Class A sealant except as modified by the test requirements of this specification. Before the Installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. _ 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 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 MILS-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 21 DAYS AT 25C 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. T- 3. TIME OF APPLICATION 05/27/05 SPA 8 On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail"sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 1/4 inch width "green"saw-cut and the"reservoiru 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 out joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 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 05/27/06 SP-19 completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done In one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 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. 05/27/05 SP-20 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 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. PAY ITEM-THIS ITEM INTENTIONALLY OMITTED: 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 walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not Impacted by proposed grade changes will be at the expense of the Contractor. 46. 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. Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for"REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 47. 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. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 48. PAY ITEM- THIS ITEM INTENTIONALLY OMITTED: 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 05/27/05 SP-21 and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. 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. Quantities for this pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for"8"THICK LIME STABILIZED SUBGRADE"as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "LIME FOR SUBGRADE STABILIZATION" as shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM - 8" H.M.A.C. (FIG. 4) 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 '/ 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 • 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: 05/27/05 SP-22 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 ow 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 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. PAY ITEM - CONCRETE FLAT WORK(CURB. CURB& GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, 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 fiatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. 53. 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 Standard Specification No. 104"Removing Old Concrete", for Specifications governing this item. 54. PAY ITEM—REMOVE EXISTING CURB AND GUTTER: 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. 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 of connecting of the existing inlet RCCP lead pipe as shown on the Plans and as directed by the Engineer. 06/27/05 SP-23 56. 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. The price bid per square foot for"6"THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 57. PAY ITEM—THIS ITEM INTENTIONALLY OMITTED: 68. 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 enclosed details, 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 so 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. PAY ITEM—THIS ITEM INTENTIONALLY OMITTED: 61, 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 05/27/05 SP 24 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. PAY ITEM—BORROW: The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity Index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non- expansive earth fill. 63. PAY ITEM—CEMENT STABILZATION: All applicable provisions of Item 214, 'Portland Cement Treatment shall apply. 64. PAY ITEM—CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment shall apply. 65. PAY ITEM—THIS ITEM INTENTIONALLY OMITTED: 66. PAY ITEM—STORM DRAIN INLETS AND MANHOLES: 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 for 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 Standard Specification Item 444, "Manholes and Inlets" and said construction shall be in compliance with all other requirements of Standard Specification Item 444 where applicable. Manholes shall be constructed in accordance with Standard Specifications Drawing No. S-SD 7. A trench safety system shall be used for all excavations of all depths as required in Standard Specification Item 400. The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor, Subpart P shall be the minimum governing requirement of the item and is hereby made a part of this item and payment for the trench safety system shall be included in the unit prices bid for the items involving trenching in this contract. 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. 88. PAY ITEM-STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): 05/27/05 SP-25 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.tnrec.state,bc.ustpermitting/water perm/wwperm/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 a 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 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 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 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 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including 05/27/05 SP-26 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. PRE BID ITEM-PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (4) 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 Y4* 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. The work, which includes the painting of the signs,_ installing and removing the signs, fumishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM—UTILITY ADJUSTMENT: 05/27/05 SP-27 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. PRE BID 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 quantifies 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. 73. PRE BID 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. 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. 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. 05/27/05 SP-28 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 II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 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 shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. 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. 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 05/27/05 SP-29 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 shalt include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number.A sample of the 'pre-construction notification'flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. in addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 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 3/8" 55-90 #4 90-100 ~' #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: 05/27/05 SP-30 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 i 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. _ 90. NON PAY ITEM-TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): 05/27/05 SP-31 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 6P 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, M 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 Fminimize siltation of streams, takes 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 F 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 soil-erosion control on construction and haul roads and material sources and his plan for disposal of F 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. 05/27/05 SP-32 F 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 — 'GREEN' CEMENT POLICY: All cement utilized for this project shall be procured from a kiln utilizing a dry kiln process that does not produce an excess 1.71b of NOx emissions per ton of clinker produced. Cement from wet kiln process plants shall also be acceptable if the cement manufacturer certifies that it meets the NOx emission requirements as stated above. In cases where cement meeting the above requirement is not available, and where cement from a non-compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two North Texas cement suppliers who use the Dry Kiln Process stating that no stock of 'green' cement available for the contractor at that time. These letters must be dated no later that the bid opening date of the project. All related costs for complying with the 'Green Cement Policy shall be considered subsidiary to the applicable project pay items. The contractor shall submit the 'Green Cement Policy Compliance Statement at the time of the pre-Construction conference. A copy of the Compliance Statement Is attached at the end of the Special Conditions. Failure to comply with the 'Green' Cement policy shall be grounds for rejecting the bid as nonresponsive. 92. NON PAY ITEM -TRAFFIC CONTROL: The Contractor will be required to obtain a 'Street Use .. Permit" prior to starting work. Unless otherwise included as a part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered 4 Professional Engineer In the state of Texas), to the City Traffic Engineer[Tel (817)392-87701 at or before the preconstruction conference.Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued to the Contractor. The traffic control plan shall be consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, F pertinent sections being Section Nos.27, 29, 30 and 31. 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 M 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. I!< 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 F 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." The lump sum pay item for traffic control shall cover design, and / or installation and maintenance of Fm the traffic control plans. 93. NON PAY ITEM— PROTECTION OF ADJACENT STRUCTURES: Contractor is advised that the storm drain construction will be performed in close proximity to several structures. Contractor is F required to take all necessary steps to protect the integrity of the structures. Any measures taken to 05/27/05 SP-33 protect structures shall be considered subsidiary to other pay items and no additional payment will be .. made to the Contractor. Furthermore, collapse Insurance must be provided as part of comprehensive general liability insurance and shall be shown on the insurance certificate. Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, Contractor shall provide support systems such as shoring, bracing, or underpinning to ensure the stability of such structures, as designed by contractor's engineer. The city has not designed such support systems, it being the contractor's responsibility to obtain such design as necessary as determined by the contractor in its sole discretion. Do not excavate below the level of the base or footing of any foundation or retaining wall if it could pose a hazard without a determination by a registered professional engineer retained by the contractor that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity, or that such excavation work will not pose a hazard to employees. Such determination by a professional engineer shall NOT relieve the contractor of responsibility for the safety of or damage to structures 94. PAY ITEM—CONCRETE MANHOLE COLLARS: Standard Specification Item No.444,"Manholes and Inlets" shall govern this Item except as modified here in. Concrete manholes collars shall be constructed at locations designated on plans in accordance to Figure S - SD 16"Reinforced Concrete Collar Detail". Removal and disposal of existing concrete collar shall be included in this pay item—no additional compensation will be awarded. Contractor shall dispose of concrete and other debris at a location approved by the Engineer. Measurement will be by per each as shown in the proposal and will be full compensation for removal and disposal of existing concrete collar, construction of concrete collar and for all labor, tools, materials and incidentals (including saw-cutting where required or as directed)necessary to complete the work. 95. PAY ITEM — REMOVE AND REPLACE EXISTING INLET TOPS: Standard Specifications Item No. 452, "Removing Old Structures" shall govern this Item except as modified here in. No blasting shall be allowed. Where shown on the plans or where designated by the Engineer, existing curb inlet tops shall be removed and disposed of in a manner satisfactory to the Engineer. This item shall consist of the removal and disposal of the existing inlet top a minimum of 18 inches or as required, whichever is greater, and constructing a new inlet top to the proposed lines and grade shown on the plans. The contractor shall maintain the existing reinforcing steel to be used as dowels for the new construction. A concrete bonding agent shall be applied to the joint. Measurement will be per each inlet top.removed and replaced as shown on the proposal and shall be full compensation for the removal, reconstruction and disposal of the curb inlet top; including all labor, tools, and incidentals(including saw-cutting where required or as directed)necessary to complete the work A trench safety system shall be used for all excavations of all depths. The excavating and trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor; Subpart P shall be the minimum governing requirement of the item and Is hereby made a part of this Item and hereby made part of this specification. However no direct payment will be made for this item and payment for trench safety system(s) shall be included in the unit prices bid for the items involving trenching in this contract. 96. PAY ITEM — CONNECT TO EXISTING/PROPOSED STORM DRAIN INLET OR STORM DRAIN MAIN: The Contractor shall determine the exact location, elevation, configuration and angulations of existing storm sewer inlet, pipe or box culvert prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulations of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. The cost of removing any existing concrete plug or cutting into the existing inlet, pipe or box culvert shall be included in the cost of connection. All cost incurred shall be included in the unit price bid for the appropriate connection. 05/27/05 SP-34 97. PAY ITEM — 4" REINFORCED CONCRETE SIDEWALK. LEADWALK OR DRIVEWAY PAVEMENT: The applicable provisions of Standard Specification Item 504 shall govern this item. Sidewalks and lead walks shall be constructed with 3000#concrete on a two inch sand cushion. Place one-half inch preformed bituminous expansion joints at junctions with existing work and at intervals not to exceed 50 feet, or as directed by the Engineer. The unit price bid per square foot shall prevail regardless of the actual final amount required and shall be full compensation for furnishing all material, labor, and incidentals required to complete the work. The thickness of the proposed concrete shall be based on the thickness shown on the plans and as specified in the bid items of the proposal. 98. PAY ITEM — 30" HIGH DENSITY POLETHYLENE PIPE (HDPE): Construction shall be governed according to City Standards for HDPE Pipe and City of Fort Worth Construction Standards. The unit price bid per Llnear Foot and shall be full compensation for the furnishing of all materials to install the 30" HDPE to the lines and grades shown on the plans or as directed by the Engineer, including embedment, castings, fittings, storm sewer connection, labor, equipment, tools, and other incidentals necessary to complete the work. Refer to the HDPE Installatlon detall in the detail section of this document. A trench safety system shall be used for all excavations of all depths. The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor; Subpart P shall be the minimum governing requirement of the item and is hereby made a part of this item and hereby made a part of this specification. However, no direct payment will be made for this item and payment for the trench safety system(s) shall be included in the unit prices bid for the items F� involving trenching in this contract. 99. PAY ITEM—3X2 3X3 REINFORCED CONCRETE BOX SECTIONS: This item shall be governed by the applicable provisions of Standard Specification Item 441 "Precast Reinforced Concrete Box Sections". The unit price bid per Linear Foot and shall be full compensation for the furnishing of all materials to install the 3X2, and 3X3 Reinforced Concrete Box Sections to the lines and grades shown M on the plans or as directed by the Engineer, including embedment, castings, fittings, storm sewer connection, labor, equipment, tools, and other incidentals necessary to complete the work. A trench safety system shall be used for all excavations of all depths. The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor; Subpart P shall be the minimum governing requirement of the item and is hereby made a part of this Rem and hereby made a part of this specification. However, no direct payment will be made for this Rem and payment for the trench safety system(s) shall be included in the unit prices bid for the items Involving trenching in this contract. 100. PAY ITEM—24" 27° AND 30" DIAMETER CLASS Ill RCP STORM DRAINS: This item shall be governed by the applicable provisions of Standard Specification Item 440"Reinforced Concrete Culvert Pipe". The unit price bid shall be full compensation for the furnishing of all materials to install the 24", 27" or 30" Diameter Class III Reinforced Concrete Pipe to the lines and grades shown on the plans or as directed by the Engineer, including embedment, castings, fittings, storm sewer connection, labor, equipment, tools, and other incidentals necessary to complete the work. A trench safety system shall be used for all excavations of all depths. The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor, Subpart P shall be the minimum governing requirement of the item and is hereby made a part of this M item and hereby made a part of this specification. However, no direct payment will be made for this item and payment for the trench safety system(s) shall be included in the unit prices bid for the items Involving trenching in this contract. 101. PAY ITEM —TRENCH SAFETY SYSTEM FOR TRENCHES GREATER THAN 5 FEET DEEP: Description: This item will consist of the basic requirements that the contractor must comply with in order to provide for the safety and health of workers in a trench and the protection of adjacent homes, 05/27/05 SP-35 structures and property. 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 and the protection of adjacent homes, structures and property. The trench excavation safety protection system shall be used for all trench excavations deeper than five (6) 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. The contractor shall, in addition, when working near homes, structures and property provide for the protection of the homes, structures and property and shall at their expense be responsible for and complete any repair needed due to damage caused by their activates. 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. 102. PAY ITEM — REMOVE CONCRETE HEADWALL: See Standard Specifications Item No. 452, "Removing Old Structures" except as modified here in. Where designated on plans or where directed by the Engineer, existing concrete headwall shall be removed and disposed of in a manner satisfactory to the Engineer. No blasting shall be allowed. Measurement will be per cubic yard as shown on the proposal and shall be full compensation for the removal and disposal of the concrete headwall; including all labor,tools and incidentals necessary to complete the work. 103. PAY ITEM —TYPE B MODIFIED REINFORCED CONCRETE HEADWALL: Except as modified herein, Standard Specifications for Street and Storm Drain Construction Item 410 "Concrete Structures" shall govern this item constructed in accordance with Standard Specifications Drawing No. S-SD 13A. The unit price bid per cubic yard for"Type 'B' Modified Reinforced Concrete Headwall" F shall include the removal and disposal of the existing °concrete headwall wing" and includes any demolition dowelling Into existing headwall or complete headwall replacement as required. 104. PAY ITEM - MISCELLANEOUS PLACEMENT OF MATERIAL: Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. } 105. PAY ITEM — ROCK RIP RAP PROTECTION: The contractor shall install rock riprap to line the outfall channel as shown on plans. Construction shall be governed according to City Standards for rock riprap and City of Fort Worth Construction Standards. RIPRAP MATERIAL: Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cracks, seams and other defects that would tend to increase deterioration. Rock shall be grade per the following prescribed limits: Rock size Diameter %Smaller 30" 100 24" 65-90 18" 45-55 12" 0-20 05/27/05 SP-36 Filter Fabric Blanket: Approved Manufacturers Supac—Heavey Grade 8NP(UV) Trevira 011/280 Amoco 4553 Or Equal Heavy Grade as approved by Engineer Measurement will be per Square Yard as shown on the proposal and shall be full compensation for all materials, labor, tools,and incidentals necessary to complete the work. 106. PAY ITEM—GABIONS AND GABION MATTRESSES: Material Specifications: • Mesh type: Flexible hexagonal woven wire mesh of 80mm opening size • Mesh wire: Steel wire to ASTM A 975 2.7mm and PVC coated to 3.7 mm w • Detail Reinforced selvages: All mesh edges shall be reinforced with galvanized PVC .. coated selvage wire of 3.4 mm core and 4.4 mm overall. • Protective Coating: Mesh wire to be galvanized to Style 1 or be galvanized to Style 3 with a bonded grey PVC coating of mean wall thickness of 0.5mm • Gabion Cells: TX TX 1' • Rock Gradation: At least 85% of the rock particles, by weight, shall be within the predominant rock size range. Use rocks that are between 4 to 8 in. for gabions and between 3 to 6 in.for gabion mattresses. Table 1 Minimum Panel-to-Panel Connection Strength _ Application Strength Ib/ft Gabions, galvanized 1,400 Gabions, PVC-coated 1,200 F Gabion mattress, galvanized and PVC-coated 700 The contractor shall install gabions to line the outfall channel as shown on plans. Construction shall be governed according to City Standards for gabions and City of Fort Worth Construction Standards. Furnish woven wire gabions and gabion mattresses in accordance with ASTM A 975. Furnish producer or supplier certification that wire baskets, stiffeners, lacing wire, and spiral connectors conform to applicable ASTM specification. Provide filler rock consisting of clean, hard, durable rock that does not contain shale, caliches, or other soft particles. Rock appearing to contain such particles will be tested for soundness. Provide Type 2 filter fabric when required in accordance with DMS-6200. Filter filler material should consist of hard, durable, clean sand or gravel with a max particle size of 3/8 in. w� Foundation Preparation: Excavate the foundation to the extent shown on the plans or as directed. it F Remove all loose or otherwise unsuitable materials. Carefully backfill all depressions to grade with suitable materials from adjacent required excavation or another approved source, and compact the backfill to a density at least equal to that of the adjacent foundation. Remove any buried debris ri protruding from the foundation that will impede the proper installation and final appearance of the gabion or gabion mattress, and carefully backfill and compact voids as specified above. Immediately before gabion placement, have the Engineer inspect the prepared foundation surface. F Filter Placement: When filter material is required, spread it uniformly on the prepared foundation surface to the slopes, lines, and grades indicated on the plans. Do not place filter material by methods 4�4 that tend to segregate particle sizes. Repair all damage to the foundation surface that occurs during 4! filter placement before proceeding with the work. Compaction of the filter material is not required, but i finishes the material to present a reasonably even surface,without mounds or windrows. 05/27/05 SP-37 A 1411 Filter Fabric Placement: When filter fabric is required, place it as shown on the plans. Any defects, rips, holes, flaws, or damage to the material may be cause for rejection. Place the material with the long axis parallel to the centerline of the structure, highway, or dam. Place securing pins in the lapped longitudinal joints, spaced on approximately 10-ft. centers. Keep the fabric material free of tension, stress, folds, wrinkles, or creases. Lap the material at least 3 ft. along the longitudinal joint of material, or lap the joints 1 ft. and sew them. Lap the ends of rolls at joints by at least 3 ft. Repair torn or punctured fabric by placing a layer of fabric over the damaged area, overlapping at least 3 ft. beyond the damaged area in all directions. Place securing pins through both strips of material at lapped joints at approximately the midpoint of the overlap. Place additional securing pins as necessary to hold filter fabric in position. Store filter fabric out of direct sunlight. After placing filter fabric, cover as soon as possible but within 3 days. Assembly and Installation: If PVC wire coating is specified, do not place PVC-coated materials unless the ambient temperature and the temperature of the coated wire are at least 15°F above the brittleness temperature of the PVC. Assemble empty gabion or gabion mattress units individually, and place them on the approved surface to the lines and grades shown on the plans with the sides, ends, and diaphragms erected to ensure that all creases are in the correct position, the tops of all sides are level, and all sides that are to remain exposed are straight and plumb. Fill the basket units after transporting them to their final position in the work. Place the front row of gabion or gablon mattress units first and successively construct units toward the top of the slope or the back of the structure. Place the initial line of basket units on the prepared surface, and partially fill them to provide anchorage against deformation and displacement during subsequent filling operations. Stretch and hold empty basket units as necessary to remove kinks and provide a uniform alignment. Before filling, connect all adjoining empty gabion or gabion mattress units with lacing, wire spiral binders, or approved fasteners along the perimeter of their contact surface to obtain a monolithic structure. If lacing wire is used, provide continuous stitching with alternating single and double loops at intervals of no more than 5 in. Securely fasten all lacing wire terminals. Provide connections meeting the joint strength requirements of Table 1. These requirements apply to all connections including attachment of end panels, diaphragms, and lids. Join twisted wire baskets through selvage-to-selvage or selvage-to-edge wire connection; do not use mesh-to-mesh or selvage-to-mesh wire connection except where baskets are offset or stacked, in which case join each mesh opening where mesh wire meets selvage or edge wire. Carefully fill the basket units with stone, using hand placement to avoid damaging wire coating, to ensure as few voids as possible between the stones and to maintain alignment. Machine placement of stone will be allowed if approved by the Engineer. Correct excessive deformation and bulging of the mesh before further filling. To avoid localized deformation, fill the basket units in a row in stages consisting of maximum 12-in. courses; do not at any time fill a cell to a depth exceeding 1 ft. more than its adjoining cell. Do not drop stones into the basket units from a height greater than 36 in. For gablon units more than 2 ft. high, place 2 uniformly spaced internal connecting wires between each stone layer In all front and side gablon units, connecting the back and the front faces of the compartments. Loop connecting wires or preformed stiffeners around 2 twisted wire mesh openings or a welded wire joint at each basket face, and securely twist the wire terminals to prevent loosening. Along all exposed faces, carefully place the outer layer of stone and arrange it by hand to ensure a neat and compact appearance. Overfill the last layer of stone uniformly by 1 to 2 in. for gabions and 1 in. for gabion mattresses to compensate for future settlement in rock while still allowing for the proper closing of the lid and providing an even surface with a uniform appearance. Make final adjustments for compaction and surface tolerance by hand. Stretch lids tight over the stone fill, using an approved lid-closing tool, until the lid meets the perimeter edges of the front and end panels. Do not use crowbars or other single-point leverage bars for lid closing. Close the lid tightly along all edges, ends, and internal-cell diaphragms with spiral binders or lacing wire or with other wire fasteners if approved. Ensure that all projections or wire ends are turned into the baskets. Where shown on the plans or directed or where a. complete gabion or gabion mattress unit cannot be installed because of space limitations, cut the basket unit and fold and wire it together to suit site conditions. Fold the mesh back and neatly wire it to an adjacent basket face. Complete the assembling, installation, filling, lid closing, and lacing of the reshaped gabion or gabion mattress units in accordance with this Section. 05/27/05 SP-38 Measurement will be by the Cubic Yard of stone-filled gabions. Gabon mattresses will be measured in place by the Square Yard of surface area or by the Cubic Yard. The price bid is full compensation for wire baskets, stone fill, lacing and fasteners,filter fabric,filter material, excavation, grading and backfill, materials, tools, equipment, labor, and incidentals. Filter fabric and filter material, if used, will not be paid for directly but will be considered subsidiary to this Item. 107. PAY ITEM —8" DIAMETER WATERLINE ADJUSTMENT TO AVOID CONFLICT WITH STORM DRAIN: The locations of potential grade conflicts with the proposed stormdrain have been shown on the stormdrain construction plans. Waterline relocation shall comply with the WATERLINE ADJUSTMENT DETAIL as shown on the construction plans DETAIL sheet. Waterline construction and materials shall comply with Fort Worth Water Department's General Contract Documents and Specifications, effective July 1, 1978, with the latest revisions. The unit price bid for"8-Inch Diameter Waterline Adjustment to shall include all pipe, fittings, blocking, encasement, materials, excavation, backfill, equipment, labor and work necessary to adjust waterlines at each stormdrain location where the waterline elevation conflicts with the proposed storm drain or lead pipes. 108. PAY ITEM—INSTALLATION OF WATER FACILITIES: 108.1 Polyvinyl Chloride(PVC)Water Pipe POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, shall be included in the linear foot price bid of the appropriate BID 1TEM(S). 108.2 Blocking Concrete blocking on this Project will necessarily be required as shown on the Plans and shall be installed in accordance with the General Contract Documents. All valves shall have concrete blocking provided for supporting. No separate payment will be made for any of the work involved for the item and all costs incurred will be considered to be included in the linear foot bid price of the pipe or the bid price of the valve. " 108.3 Type of Casing Pipe 1.WATER: The casing pipe for open cut and bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: For the inside and outside of casing pipe, coal-tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C-203. Touch-up after field welds shall provide coating equal to those specified above. C. Minimum thickness for casing pipe used shall be 0.375 inch. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non-concrete pipes when Installed In casing. Installation shall be as recommended by the manufacturer. 2.SEWER: Boring used on this project shall be in accordance with the material standard E1-15 and Construction standard E2-15 as per Fig. 110 of the General Contract Documents. 3. PAYMENT: Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 108.4 Tie-Ins 05/27/05 SP-39 F 7 The Contractor shall be responsible for making tie-ins to the existing water mains. It shall be the responsibility of the Contractor to verify the exact location and elevation of the existing line tie-ins. And any differences in locations and elevation of existing line tie-ins between the contract drawings and what may be encountered in the field shall be considered as incidental to construction. The cost of making tie-ins to existing water or sanitary sewer mains shall be included in the linear foot bid price of the pipe. 108.5 Connection of Existing Mains The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum, In case of shutting down an existing main, the Contractor shall notify the Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C - GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writing as to the location,time,and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. 108.6 Valve Cut-Ins It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or iF replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of F time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenants required, shall be included in the price of the appropriate bid items. F 108.7 Water Services The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards(E1-17&E1-18)contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1-inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation from the main line to the meter box. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. 05/27/05 SP-40 A minimum of 24 hours advance notice shall be given when service interruption will be required as specified In Section C5-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise Ih directed by the Engineer. All such work on the outlet side of the service meter shall be performed by a licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is required when the existing service is lead or is too shallow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line Within the 5 foot area shall be subsidiary to the service installation. Payment for all work and materials such as tap saddle(if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. i 2. WATER SERVICE RECONNECTION: Water service reconnection Is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service F reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter box is moved more than twelve(12) inches, as measured from the center line of the existing meter to location to the center line of the proposed meter location, separate payment will be allowed for the relocation of service meter and meter box. Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this centerline will be paid for separately. Relocations made along the centerline will be paid of in feet of copper service line. When relocation of service meter and meter box is required, payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop,type K copper service line, curb stop with lock wings, and meter box. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with _ lock wings shall be included in the Linear Foot price bid for Service Line from Main to Meter five (5) feet behind the meter. h 05/27/05 SP-41 F Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be Included in the price bid for Service Taps to Mains. Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 5. MULTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). 108.8 2-Inch Temporary Service Line The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the schedule of the temporary service connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 24nch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime(HTH)prior to installation. In order to accurately measure the amount of water used during construction, the Contractor will install .. a fire hydrant meter for all temporary service lines. Water used during construction for flushing new mains that cannot be metered from a hydrant will be estimated as accurately as possible. At the pre- construction conference the contractor will advise the inspector of the number of meters that will be needed along with the locations where they will be used. The inspector will deliver the hydrant meters to the locations. After installation, the contractor will take full responsibility for the meters until such time as the contractor returns those meters to the inspector. Any damage to the meters will be the sole responsibility of the contractor. The Water Department Meter Shop will evaluate the condition of the meters upon return and if repairs are needed the contractor will receive an invoice for those repairs. The issued meter Is for this specific project and location only. Any water that the contractor may need for personal use will require a separate hydrant meter obtained by the Contractor, at their cost,from the Water Department. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-Install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next successive project location. 05/27/05 SP-42 Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be Included in the appropriate bid item. 108.9 Adjust Manholes, and Vaults(Utility Cut) Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 108.10 Adjust Water Valve Boxes Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted, if necessary, by City of Fort Worth Water Department forces. Prior to the beginning of work,the Contractor shall make an inventory of the condition of existing water valve boxes. The Construction Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are _ damaged during construction at no cost to the City. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. 108.11 Purging and Sterilization of Water Lines Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The Contractor will furnish all water for INITIAL cleaning and sterilization of water lines. All materials for construction of the project, including appropriately sized "pipe cleaning pigs", chlorine gas or chlorinated lime (HTH)shall be furnished by the Contractor. Chlorinated lime(HTH)shall be used in sufficient quantities to provide a chlorine residual of fifty(50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be"de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples,taken 24 hours apart, have met the established standards of purity. Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. 108.12 Work Near Pressure Plane Boundaries M Contractor shall take note that the water line to be replaced under this contract may cross or may be In close proximity to an existing pressure plane boundary. Care shall be taken to ensure all "pressure plane" valves Installed are installed closed and no cross connections are made between pressure M planes 108.13 Water Sample Station GENERAL: All water sampling station installations will be per attached Figure 34 or as required in large water meter vaults as per Figure 33 unless otherwise directed by the Engineer. The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be Included in the price bid for copper Service Line from Main to Meter. 05/27/05 SP-43 The appropriate water sampling station will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up this item at the Field Operations Warehouse. PAYMENT FOR FIGURE 34 INSTALLATIONS: Payment for all work and materials necessary for the installation of the 3/4-inch type K copper service line will be shall be Included in the price bid for copper Service Line from Main to Meter. Payment for all work and materials necessary for the installation tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, concrete support block, curb stop, fittings, and an incidental 5-feet of type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations, PAYMENT FOR FIGURE 33 INSTALLATIONS: Payment for all work and materials necessary for the Installation tap saddle, gate valve, and fittings shall be included in the price bid for Service Taps to Main. Payment for all work and materials necessary for the installation of the sampling station, modification to the vault, fittings, and all type K copper service line which are required to provide a complete and functional water sampling station shall be included in the price bid for Water Sample Stations. 108.14 Ductile Iron and Gray Iron Fittings Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid for waterline adjustment will include the price per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included In bid items for vales and fittings and no other payments will be allowed. 109. PAY ITEM — SODDING: Except as modified herein, Standard Specifications for Construction Item 118°Sodding" shall govern this item. Sodding shall be installed as directed by the Engineer. The unit price bid of Nine(9) Dollars per Square Yard of Sodding will be full compensation for all materials, labor,tools, and incidentals necessary to complete the work. 110. PAY ITEM-FLOWABLE FILL: A. Description This item governs the use of Ready-Mix Flowable Fill, sometimes known as Controlled Density Fill (CDF), as an alternative to compacted soil. It is sometimes used for bedding, encasement, and closures for tanks and pipes. It is also used for general backfill in trenches and abutments. Flowable fill is always less than 2500 psi in ultimate strength and may be designed to be less than 150 psi where future excavation is probable. 05/27/05 SP-44 Flowable fill will normally consist of Portland cement,flyash, sand, fine rock,and water in various mixtures depending on the design strength of the mixture. It may contain high volumes of entrained air to act as a strength capping agent and/or to improve flowability. Ready-Mix flowable fill or Controlled Density Fill is prepared at the batch plant. Slump is designed for 10"to 12"and will generally be self leveling. It should not require vibration after placement. B. Materials A. Portland Cement meeting ASTM C-150 B. Aggregates meeting the requirements of ASTM C-33 C. Sand or fine aggregate meeting the City of Ft.Worth Sped#406 D. Fyyash, Class C or F, meeting the requirements of ASTM C-618 .E. Admixture (1) Mineral admixtures will be pozzolanic materials used in the standard ready mix. (2) Chemical admixtures shall be in liquid or powder form used in standard ready-mix concrete production unless specifically designed for flowable fill. Permissible types of admixtures are: a. High air generators specifically designed for Flowable Fill to lower unit weights, reduce shrinkage and subsidence, and control compressive strength. b. Air entraining admixtures conforming to ASTM C-260. c. High range water reducers conforming to ASTM C494,Type F or G. d. Accelerating admixtures conforming to ASTM C-494, Type C. 1. Non chloride, non corrosive accelerators will be used where metals are present in concrete or embedded members. 2. Calcium chloride C. Mixtures The Contractor shall gain the engineer's approval for use of Ready-Mix Flowable Fill mixture. The examples of various types listed below are for information only and should be confirmed by trial batches. The various categories of Ready Mix Flowable Fill are as follows: Type 1 Very flowable(non-excavatable) Type 1 E Very flowable(excavatable) Type 2 Flowable(non-excavatable) _ Type 2E Flowable(excavatable) Type 1 mixes will contain a minimum of 250 lbs. of Class C or Class F flyash or high air(25%plus)and F will be self leveling. They are intended for use in permanent installations such as fill under structures. They are capable of moving long distances and filling small areas. Type 1 mixes are not suitable for bedding of pipe. Sample Type 1 Mix Cement 50lbs, Fly Ash 250 lbs. F Sand 2700 lbs. Water 60lbs. Type 2 mixes are used where size and distance do not require the very flowable characteristics of Type 1. They are intended for permanent installations such as thick fill under structures. They typically contain less flyash and/or air unless the excavatable feature is required. Type 1 E and 2E mixes(excavatable mixes)shall be hand tool excavatable and shall meet the following requirements: Time 28 day 90 Day Compressive Strength 30-60 psi 100 psi Max Air 22-30 percent In the absence of prior strength data, mixes shall contain a minimum of 50 lbs. cement, 160 lbs, flyash, F and shall have a plastic unit weight of 90-115 per cubic foot. 05/27/05 SP-45 D. Execution 1). Contractor shall secure site during the placement and curing period for the Flowable Fill using stations, lights, fences, steel plates, etc. as required. 2). Contractor s supplier will,pretest all pump applications prior to day of placement with actual equipment. Flowable Fill shall be batched at the concrete plant and hauled to job sites in ready- mix trucks with continuous agitating drums shall agitate mixture. Entrained air shall be added as per manufacturer's instructions. - 3). Tanks, pipes, and all other members to be encased in Flowable Fill shall be temporarily secured in place to prevent displacement by the Flowable Fill mixture during the Flowable Fill placement. Should the pipe or structure move either horizontally or vertically,the flowable fill and the structure shall immediately be removed and the pipe or structure re-laid to proper line and grade. To reduce hydrostatic pressure and limit displacement potential, Contractor may use a high air generator In the Flowable Fill mixture to lower unit weights. 4). The height of free fall of the flowable fill shall not exceed four feet or as directed by the Engineer. The use of a vibrator will not be required. After the flowable fill has been placed, it shall not be covered or subjected to additional loads for 24 hours. Curing will not be required. E. Basis of Payment The basis of payment for Ready-Mix Flowable Fill shall be by the cubic yard of material in place where specified for use by an item in the proposal. The unit prices bid for this type of material shall prevail regardless of the actual amount used for the project. Where the Contractor opts to use flowable fill in lieu of granular backfill specified,the price shall be considered subsidiary to the various bid items in the contract. 05/27/05 SP-46 (To be printed on Contractor's Letterhead) Date: DOE No: 4744 PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: LOST CREEK PHASE 2 DRAINAGE 1 WROVEMENTS MAPSCO LOCATION: LIMITS OF CONST.: LOST CREEK ADDITION-FROM BLUE CREEK COURT SOUTH TO MARY'S CREEK LOST CREEK ADDITION—FROM BEN CREEK COURT SOUTH TO GOLF COURSE WEST POINT ADDITION--FROM POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLEY ROAD_ EKQJECT NO.C200 541200 203280008783.FILE NO. SD-0135 Estimated Duration of Construction on your Street: days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE M CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER _ AND/OR SEWER LINES - RECONSTRUCT THE STREET> 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. 05/27/06 SP-47 (To be printed on Contractor's Letterhead) Date: DOE No:DOE PROJECT NO. 4744 PROJECT NAME:LOST CREEK PHASE 2 DRAINAGE IMPROVEMENTS MAPSCO LOCATION: LIMITS OF CONST.: LOST CREEK ADDITION-FROM BLUE CREEK COURT SOUTH TO MARY'S CREEK LOST CREEK ADDITION—,FROM BEN CREEK COURT SOUTH TO GOLF COURSE WESTPOINT ADDITION—POWDERHORN ROAD TO PARK JUST SOUTH OF LITTLE VALLY ROAD PROJECT NO.C200 541200 203280008783,FILE No. SD-0135 , Estimated Duration of Construction on your Street: days **NOTICE** Construction only three days away DEAR RESIDENT, AS A FOLLOW UP TO OUR PREVIOUS FLYER DATED , THIS IS TO INFORM YOU THAT CONSTRUCTION ON THE ABOVE MENTIONED PROJECT IN YOUR NEIGHBORHOOD WILL BEGIN IN THREE DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL IMMEDIATELY: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR>AT <I'ELEPHONE NO.> PLEASE DEEP THIS FLYER HANDY WHEN YOU CALL. GREEN CEMENT POLICY COMPLIANCE STATEMENT (To be furnished by the Contractor to the City at the time of bid opening) (Submit separate forms for each supplier!retailer) This goes to certify that the cement used for this project meets the following criteria: ❑ The cement was manufactured in a kiln utilizing the dry process (list source below) that met the emission standard of 1.71b or less of NQx /ton of clinker released into the atmosphere. ❑ The cement meets ASTM C-150 requirements Source of Cement: Name of Concrete Supplier Name of Plant(Kiln) & Address Name of Manufacturer CONTRACTOR SUPPLIER Name Name .. Title Title Company Company Phone Number Phone Number CITY OF FORT WORTH CORRUGATED DUAL WALL HDPE PIPE TRENCH INSTALLATION DETAIL NOTES: 1. BEDDING AND BACKFlLL MATERIAL: PIPE EMBEDMENT SHALL BE CRUSHED STONE OR ROCK, CRUSHED GRAVEL OR GROUND SURFACE CRUSHED CONCRETE, 100X PASSING 1-4 INCH SIEVE, S 10% PASSING No. 4 SIEVE AND < 5X PASSING No. 200 SIEVE, .A NON-PLASTIC EQUAL TO NORTH CENTRAL TEXAS COUNCIL OF y, GOVERNMENTS AGGREGATE GRADE 4 OR CITY OF FORT WORTH f.i . SPECIFICATION 402.2 2. FOUNDATION: WHERE THE TRENCH BOTTOM IS UNSTABLE, THE CONTRACTOR SHALL EXCAVATED TO A DEPTH REQUIRED BY THE ENGINEER AND REPLACE WITH A FOUNDATION OF BEDDING AND BACKFlLL MATERIAL. AS AN ALTERNATIVE AND AT THE DISCRETION OF THE ENGINEER, THE TRENCH BOTTOM MAY BE FINAL BACKFlLL STABILIZED USING A WOVEN GEOTEXTILE FABRIC. UNDISTURBED 3. BEDDING: UNLESS OTHERWISE SPECIFIED BY THE ENGINEER, EARTH MINIMUM BEDDING THICKNESS SHALL BE 6-INCHES. 4. HAUNCHING AND INITIAI_ BACKFlLL: FOR PIPE DIAMETER 36-INCH AND LARGER, EMBEDMENT MATERIALS SHOULD BE WORKED UNDER THE HAUNCHES BY HAND. INITIAL BACKFlLL HDPE PIPE Q SHALL EXTEND 12-INCHES ABOVE THE TOP OF THE PIPE. o , INITIAL BACKFILL, S. MINIMUM TRENCH WIDTHS 6' ABOVE TOP OF PIPE NOMINAL PIPE SIZE TRENCH WIDTH TRENCH WIDTH EACH DISTANCE j OUTSIDE OF PAVEMENT, (INCHES) (INCHES) SIDE OF PIPE(INCHES) TO SIDEWALL 12' ABOVE TOP OF PIPE 15 34 8 UNDER PAVEMENT, 18 39 9 24 48 10 HAUNCHING, TO 30 66 15 SPRINGLINE OF PIPE 36 78 18 BEDDING MATERIAL 42 83 18 48 89 18 54 96 18 FOUNDATION 60 102 18 6. MINIMUM COVER: MINIMUM RECOMMENDED DEPTHS OF MIN, TRENCH WIDTH COVER FOR VARIOUS LIVE LOADING CONDITIONS ARE SUMMARIZED IN THE FOLLOWING TABLE UNLESS OTHERWISE NOTED, ALL DIMENSIONS ARE TAKEN FROM THE TOP OF THE PIPE TO GROUND SURFACE SURFACE LIVE LOAD CONDITION MINIMUM RECOMMENDED COVER (INCHES) TYPICAL TRENCH CROSS-SECTION H25 (FLEXIBLE PAVEMENT) 12, 24* FOR 54 & 60 INCH DIAMETER PIP N.T.S.) H25 (RIGID PAVEMENT) 12, 24 FOR 54 & 80 INCH DIAMETER PIPE ESO RAILWAY 24 HEAVY CONSTRUCTION 48 *TOP OF PIPE TO BOTTOM OF BITUMINOUS PAVEMENT SECTION 7. CORRUGATED HDPE PIPE WITH SMOOTH INNER WALL SHALL MEET THE REQUIREMENTS OF AASHTO M294, TYPE S AND ASTM F2306. C,'•Documents and Settings'-Joe Babconec`Desktop`_W Instoll 10-05,dwg ► - '__ a !RrTi TYPE "C" BACKFILL �— . s'•:rSfi w�.-..:s`•, _ SEE .SPEC. Ei--2.4 MINIMUM 6" INITIAL- G.C.D_ BACKFILL COVERT SAND MATERIAL EMBEDMENT INITIAL BACKFILL SEE SPEC. EI—2.3 G.C.D. MINIMUM 60 ------ EMBEDMENT �� ►I i.1��F E II �..•_._ __..... WA R.: 5I -S. 1R._�-Q_.. ND_-INCLU ..L DING- 2.r . J�pa �I I I II 'TYPE "C" BACKFILL i J SEE SPEC. E1--2.4 MINIMUM 6" INITIAL BACKFILL COVER: CRUSHED STONE OR SAND WATER — 6 SEWER — 12" I— I '" "� ' I� 5EE SPEC` E1 2.4(b) OR STORM DRAIN — 12" t I— Ii El—2 3 G.C.D. CRUSHED STONE. f INIMUM 8'--- I — -TILL SEE SPEC. E1-2.3 EMBEDMENT G,C.D. WATER: SIZES 16" AND LARGER SEWER- ALL SIZES STORM Qj 6ft ALL SIZES SANb GRADATION THAN 109b PASSING ►�ATEBIAL �.CIFICATIQNS LESS E200 SIEVE THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS . SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF BOTH THE: •P.I. = 10 OR LESS E1-2.4(b) AND E1—Z3 OF THE G.C.D. AND STD. SPEC. ITEM 402 OF THE, TPW STANDARD SPECIFICATIONS FOR STREET & STORM DRAIN CONSTRUCTION. ALL OTHER PROVISIONS-OF THESE ITEMS SHALL APPLY. CRUSHED STONE SR DA AT4QN SIEVE SIZE RETAINED 1" 0-10 40-75 55-90' #4 90-100 8 95—•100 FoRTWORTH CITY OF FORT WORTH,TEXAS DATE: 08-2007 WATER, SEWER, & STORM DRAIN EMBEDMENT AND BACKFILL DETAILS WTR-034 COLLAR CONFIGURATION— COLLAR CONFIGURATION FOR PAVED AREA FOR UNPAVED AREA 4'-0' Y: •t. . i�a't ��0•:••a r ri CLASS 'A' s� ,• t � I ^ J •� ,�� . :• � 3000 PSI ,�� \ '�' •'+�� C )CONCRETE 8-#4 REBARS TYP. -;• '•�::::� �• :.;";; '.;,f;; ;;': `'•�''- GRADE RINGS %7 CHAMFER (TYP.) •; „. r :y.< GROUND r.a'2: 7;•2 .- SUB'a. • <:? • ;?�rAs ,•. ;, ..: . CASE 1 CASE 2 +',:{ •;��.� CONCRETE COLLAR HEIGHT VARIES 6•'v E `t (8" MIN.. 24" MAX.) RAM-NEK ? ' s CASE 1 - •1w.X• COLLAR SHALL EXTEND TO TOP OF 2:27 CONCRETE ,.;.• (REBAR REQUIRED) CASE 2 COLLAR SHALL EXTEND 3" W BELOW BOTTOM OF LOWEST O REBAR SHALL BE GRADE RING PLACED 3" MIN. FROM (REBAR REQUIRED) SE-Q110N A-A TOP AND BOTTOM OF CONCRETE COLLAR. .� E1-20, E1-21 MATERIAL E2-20, E2-21 CONSTRUCTION (JRTWQ CITY OF FORT WORTH,TEXAS DATE: 08-2007 MANHOLE CONCRETE COLLAR SAN-009 TRENCH REPAIR LIMITS EXISTING EXISTING HMAC PAVEMENT HMAC PAVEMENT SAW CUF SAW cvr f i NEW HMAC . . �: 8" MIN 2:27 CONCRETE'• `f ' �. ; s: 4.r• EXISTING BASE Zks (IF ANY) EXISTING CURB EXISTING CURB 12, , k„ 12 & GUTTER. �/� �� `:C•�- /I`i DITCH WALL / BACKFILL MATERIAL �`/ �• a� /\�/' (SEE NOTE #3) \ ��- 1 PIPE ol TRENCH REPAIR W/PERMANENT HMAC PAVEMENT AND NON-REINFORCED CONCRETE BASE TYPICAL SECTION NOTES: 1. PLACE A MIN. OF 2" HMAC SURFACE COURSE (TYPE "0" MIX) TO MATCH EXISTING HMAC PAVEMENT GRADE AS SHOWN. 2, PLACE A MIN. OF 8" 2:27 CONCRETE AS SHOWN. 3.FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED 4. ALL CONSTRUCTION MUST BE IN ACCORDANCE FOR SUCH. FOR STORM DRAIN INSTALLATION, BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE WITH THE CITY OF FORT WORTH STANDARD STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH. SPECIFICATIONS FOR STREET AND STORM FOR WATER OR SANITARY SEWER INSTALLATION,BACKFILL SHALL BE PER FIGURE A. DRAIN CONSTRUCTION. REV. 05/2006 oRTYVORz CITY OF FORT WORTH, TEXAS DATA; .•09/2005 PERMANENT ASPHALT PAVEMENT REPAIR MTH NON-REINFORCED CONCRETE BASE 2000-1 A T:B W:GENE[tAL CONS"ILV i'1QN`N=S 1. Contractor is responsible for.maintaining.water and sewer connections�n:working ordier at all,times.In no case.stroll services be allowed to remain out of service ovemight, 2. Contractor shall become familiar with the terms and conditions set:fourtti in.tempaora y construcubn'easements. Ingress'and egress is allowed on private property in order to.access:temporary.construction easements.:In:the areas:: where no construction easements are available,contractor shall limit'activities to vv. .ft ft.existing utAity Basemen 3. brltractor,shap verily the elevatlon,configuration and location of existing-lines p r,to*construction:Such verification shall..be conskered subsddlary to the cost.of't.e.project'and.not additional ctirmpensatian wilt be allowed. 4;_ The-contractor shall remove from the project area all surplus material.This shall beincidental.and not a separate.pay item:Surplus materials-from excavation including dirt,i adhcrete;trash;etc.,strati be property disposed of°att she approved by the city inspector. 5. The contractor shall preserve and protect or remove and replace(with.prior approval of affected property owner)any trees,'stikubs,.hedges;landscaping:etc., In or near proposed constructior area.:This work shall be considered incidental and not a separate pay item; .6:. All-gr'ass areas'damaged by construction shall receive 4"of_topsoil a W solid soddiing..Contractor shall remove and Teplace existing topsoil whenever possible. 7, The.contractor shatremove all fences interfering.with construction..operation::witiim::roe,andfor easements removed fences shall be replaced with new fence or undamaged original fencing with pricrbpproval of property owner 8. The contractor shall make-necessary provision for.the support ion of all.:utiliityp'1es,gas;mains,telephone cables,sanitary sewer lines,electric cabdes,,drainage pipes;.ublityservices,;and aii.:ather.utilities and the structures: tth above and below ground during constniction.The corifractor:is liable for all damages done to.such existing facilities as a result of the contractor's operations: 9.. Contractor shall submit written request to.the engineer for approval of all areasto be used..for staging,mobiliiation; eq:uiprnent,and material storage acid general'project construction management._Request shall be submitted to the engineer vAhin five(5)days of n6666 ta.proceed:: 10., Contractor shall be.responsibte for maintaining genera[safety.at and.:adjacent.of the..projeet ar,4:including:the :. personal safety of the construction crew and genemal public and the.safety of�pubtic and private propehy: 11. AN barricades,warning:signs, tight.devices;ek :turthe gultlarice.and pro tectton;of:traff1c arid;pedesblians must conform to the installation shown on the 1980 Texas Manualof UnJfbrrn T ControI Dei+.ioes,:as currently amended.by the Texas State Department of Highways and public Transportations 12. The con' cl or is responsible for keeping streets and sidewalks_adjacent to the project free,of mud and debris from the construction 13. Two-way trafrrc°Must be maintained,at all times.One lane of traffic around constnrction operations in progress with adequate safeguards wilt tie acceptable', unless otherwise directed by the engineer. 14. Cor ractom shall have utdli Companies locate and mark all underground facilities before beginning•excavatlon. .. 15. Tire:contractor shall clean'up and restore the area of operations to a condition as good as or better than that which =existed prior to the.praject. 16. The contractor is responsible for maintaining the existing storm dram system until the proposed-system is in service iri po case should ithe contractor leave the existing storm sewer out of service where runoff would cause damage to adjacent homeowners. 17. Vertical deflections and pipe Mqp6s.1or existing utilities.shown on plans Were obtained from record drawings'and have not been field verified..Som6 pipe.slopes were adjusted to.match surveyed manhole flow-lines.Rim elevations :lons and horizd6tal locations Ofekisti.ng manho,,s were determined.from field d survey's: No"uiprh6nt or material.shall bedepopliedon private property without written permissionfrorn the prope.rtyowners. If the contractor places'Ox :09terial'in the area without written. permission,he will be responsible for all damages resulting from such f1h and he ihill remove tine materialat..his own cost,if the'engineer so di(ects, 19. The'lo.cation of driv steps,and retairilngWall,etc:,and aD water,sanftRry*sewer,storm sewer.telleph9n ..qf gas. 6t: ion utiftes shown on these prate locations shah be.verified electric,and cable.televis ese plans.are approximate.Acc. the time of construction after consultationw th rt h . .... i prope...y,oWnus acid respective q.. COM'Pantes, 20..The contractor shall co'n:s.trpct a*lt*'draina..g".psys..W...i..systems from.V...o'M' **he*. doWnstr'ean end to allo.wd6rtinued storm.drain service;de, if.the contractor choosesto construct the system otherwise, Propos construction pre-6onstructl6n meeting 21'..The contractor's personnel.shall wear idL-.ntJfytn:g..:dq'thin9 or hats at all times. 22. Cdnstiuctlon activities shall tie'limited to the hours of 8:00 O,fn..to 6:00 p.m.unless 6potoved or directed by the engineer. 23.-Th6adjijstment:eindlorrelocaUop.9f,'sprinkler head*eiico tdted�hii[lbepaid'fb*r under miscellaneous ublity . ....... .... . ...... iidjustment Y' ofthisl:i�MMU6 pa"ifirn in the proposal toe.section and contract documents.. EASEMENTS 2004 CIP LOST CREEK AND POWDERHORN DRAINAGE IMPROVEMENTS DOE#4744 PARCEL# 3809 BEN CREEK CT LOT-7,BLOCK 8,LOST CREEK ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § Ihat the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block I Lot 2, Lost Creek Addition, as shown on the deed recorded in Instrument No. D206058682, Tarrant County Deed Records, a/k/a 3809 Ben Creek Ct, Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of constructing drainage improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee,at which time the above described temporary right of entry �. becomes void Ihis Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above_ Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right oflntry. EXECUTED this the day of es.. 200 . GRANTOR: Horace L.and Billie Flowers Horace L.Flowers Billie Flowers MWORARY WHI OF ENTRY Rav 6/2Q07 we H 2004 CIP LOST CREEK DRAINAGE IMPROVEMENTS PARCEL #10 DOE# 4744 11913 BLUE CREEK DRIVE LOT 37,BLOCK 3,LOST CREEK ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL,BY THESE PRESENTS COUNTY OF TARRANT , § That the undersigned, hereinafter referred to as "Grantor"" does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 3,Lot 37,Lost Creek Addition, 11913 Blue Creek Dr.,Fort Worth, Tarrant County, Texas,hereinafter referred to as the "Property",for the purpose of installation of storm drain improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein,until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void_ This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of'Entxy EXECUTED this the day of 2005, GRANTOR: (Please Print) ( ignature) 2004 CIP LOST CREEK DRAINAGE E%UROVEMENTS PARCEL #11 DOE# 4744 3809 BEN CREEK CT. LOT 7,BLOCK 8,LOST CREEK ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OlF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 8,Lot 7, Lost Creek Addition, 3809 Ben Creek Ct., Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property",for the purpose of installation of'storm drain improvements. Upon execution - of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein,until such time as the project is completed and approved by the Grantee,at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property, TO HAVE AND TO HOLD the above described right of entry, together with all and singular; the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the—.--day of Ve V'2005. i GRANTOR: w �, 4 lease Print) tore AN 2004 CIP LOST CREEK DRAINAGE IlVIPROVEMENTS PARCEL #12 DOE# 4744 3805 BEN CREEK CT. LOT 8,BLOCK 8,LOST CREEK ADDITION CITY OF FORT WORTH TEMWORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a — temporary right of entry onto property described as Block 8, Lot 8, Lost Creek Addition, 3805 Ben Creek Ct., Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of installation of storm drain improvements.. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein,until such time as the project is completed and approved by the Grantee,at which time the above described tempoiary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the ' day of AJo(;ynber ,2005. GRANTOR: k CRAMW,CA.,1u.A.,?r-vdec RNA (Please Print) (Signature) JkMA J 61y Nov. 16. 2005 11:49AM Bruce A Bollinger MD No 4426 P 3 2004 C1P LOST CREEK DRAINAGE WRO'VEMENTS PARCEL #13 DOE# 47d4 3810 BEN CREEK CT. LOT 7,BLOCK 7,LOST CREEKADDMON CITY OF FART WORTH TEMPQBARY_RIGUT OF ENTRY STATE OF TEXAS § § XNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned,hereinafter referred to as"Grant'oi", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Qmntec" a temporary right of entry onto property described as Block 7,Lot 7,Lost Creek Addition, 3810 Ben Creek Ct., Fort'Worth, Tarrant Comity. Texas, hereinafter refeeired to as the "Property'".for the purpose of installation of storm drain improvements. Upon execution of this fit, Orator-will grant Grantee and its contractor's access to the Property from the purpose stated herein,until such time as the project is completed and approved by the Grantee,at which time the above dwenInA temporary right of carry becomes void. This Right of Entry shall include the tight of Grantee and its employees, agents, t+ resa�ntadves,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of cntry► togetimer with all and singular,the rights and appuMn►owes thereto,anywise belonging unto the said Grant, is successors and assigns,for the purposes set foxth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Ert►try. EXECUTED this the J �%y of 2005. GRANTOR: lca�Print) (8 gnatur�e) �� s 2004 CIP LOST CREEK AND POWDER.HORN DRAINAGE IMPROVEMENTS PARCEL #15 DOE# 4744 10162 LITTLE VALLEY RD. LOT 4,BLOCK 40,WESTPOINT ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 40, Lot 4, Westpoint Addition, 10162 Little Valley Rd.,Fort Worth,Tarrant County, Texas,hereinafter referred to as the "Property",for the purpose of installation of storm drain improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein,until such time as the project is completed and approved by the Grantee,at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the—� . day of/�gZ$m b�.(` ,2005. GRANTOR: too �A (Please Print) (Signature) 2004 CIP LOST CREEK AND POWDERHORN DRAINAGE EUPROVEMENTS PARCEL #16 DOE# 47" 10154 POWDERHORN RD. LOT 5,BLOCK 40,WESTPOI T ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § — § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents giant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 40, Lot 5,Westpoint Addition, 10154 Powderhorn Rd_,Fort Worth, Tarrant County,Texas,hereinafter refereed to as the "Property'; for the purpose of storm drain installation and driveway construction. Upon execution of this agreement, Grantor will grant Grantee and its contrutor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. rO HAVE AND TO HOLD the above described right of entry, together with all and singular;the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under-this Right of Entry. EXECUTED this the_10 day of_AQ4JAbaL,2005. GRANTOR: -,R vZ h2al (Please Print) (Signature) 2004 CIP LOSI CREEK AND POWDERHORN DRAINAGE 11"ROVEMENIS DOE#4744 PARCEL#17 10158 POWDERHORN RD. LOT-b,BLOCK-40,WESTPOINT ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § Ihat the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 40 Lot 6, We&Voint Addition, as shown on the deed recorded in Instrument No. D20512697 Tarrant County Deed Records and plat recorded in Volume 388=123, Page 68 Tarrant County Plat Records a/k/a 10158 Powder Horn Rd, Fort.Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of installation of storm drain improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the i` Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void- This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or-contractors to access the aforementioned property. IO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above_ Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right yof Entry EXECUTED this the day of lR., 200_ TOR:Kelly&Charles James IJ e a e (PIease Pr' / ignature) rEMPOURY RIGHT OF ENTRY Rev W007 2004 CWLOSI CREEK AND POWDERHORN DRAINAGE IMPROVEMENTS DOE#4744 PARCEL#IS 10162 POWDERHORN RD. •- LOT-7,BLOCK 40,WESTPOINT ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § Ihat the undersigned, hereinafter referred to as "Grantor", does by these presents giant _ and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 40 Lot 7 WesMoint Addition, as shown on the deed recorded in Instrument No. D207064804 Tarrant County Deed Records and plat recorded in Volume 8- 223, Page 68. Iarrant County Plat Records a/k/a_10162 Powder Horn Rd, Fort North,Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of installation of storm drain improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void, This Right of Entry shall include the right of Grantee and its employees, agents, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular,the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns,for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to .. accessing the Property under this Right of Entry, EXECUTED this the day of Q tip ,200_1. GRANIOR: Elysium Enterprises,LP,a Texas limited liability company MKI Anderson Management,Inc.,a Iexas corporation `Ym „d Mario Anderson rEMPORARY RIGHT OF ENTRY Rev N2007 2004 CIP LOST CREEK DRAINAGE IMPROVEMENTS PARCEL # 21 DOE# 4744 11912 BLUE CREEK DRIVE LOTS 31A&32,BLOCK 3,LOST CREEK ADDITION CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor"; does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 3,Lots 3IA& 32, Lost Cheek Addition, 11912 Blue Creek Dr.,Fort Worth, Tarrant County,Texas,hereinafter referred to as the"ProperW', for the purpose of installation of storm drain improvements. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agerrts, representatives,or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular,the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns, for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the day of o V )2005. GRANTOR: (Please Print) igna e ,_....,_.�.._..3. ..,.�. COPY ARA# 2004 CIP LOST CREEK DRAINAGE IMPROVEMENTS �{ Parcel#27 �� o Doe#4744 sv �� TRACT 6 OF J. BURLESON SURVEY,ABSTRACT 78 �-- ka STATE OF TEXAS § —+ § KNOW ALL MEN BY THESE PRESENTS ra COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT(Pipe) AND TEMPORARY CONSTRUCTION EASEMENT DATE: GRANTOR: SOMERSET-LOST CREEK GOLF, LTD. GRANTOR'S MAILING ADDRESS (including County): 4101 LOST CREEK BLVD, ALEDO,TARRANT COUNTY,TX 76008 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THORCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and .valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of the J. Burleson Survey, Abstract 78,Tarrant County, Texas,as recorded in Volume 6587, Page 233, Deed Records, Tarrant County, Texas, and being more particularly described in the Permanent Drainage Easement (Pipe), in Exhibits`A" and "B", and the Temporary Construction Easement in Exhibits"C°and"D". Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, 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, rock rip-rap and other erosion.control measures in, upon, under and across a portion of the Property and more fully described in Exhibits "A" and "B" PERMANENT DRAINAGE FACILITY EASEMENT(P")AND TEMPORARY CONSTRUCTION EASEMENT Rev.712006 r attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Properly, 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 Exhibits "G" and "D', 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 (11) 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 permitted 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 Grantee's 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 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 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 warrant 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, See Addendum attached hereto and incorporated herein by reference, in the event of a eonfTct between the Addendum and this easement, the provisions of the Addendum shall control. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT DRAINAGE FACILITY EASEMENT(Pipe)AND TEMPORARY CONSTRUCTION EASEMENT Rev 712006 GRANTOR: Somerset-Lost Creek Golf, Ltd. GRANTEE: Cifiy Fort Worth a Texas limited partnership By: Somerset-Lost Creek Management, L.L.C. a Texas limited liability company ,.- - Marc A ,Assistant City Manager APPROVED AS TO FORM AND LEGALITY t on Bouterie,Vice President' Assistant City Attorney M& C: DATE AV'Z 'y 20 7 AGENT DOE ' PERMANENT DRAINAGE FACILITY EASEMENT(Pipe)ANDTEMPORARY CONSTRUCTION EASEMENT Rev 712M 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 ;e , 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 29.PX day of 20g. emy wIWE F.INGRAMNotary PublicSTATE OF TEXAS Notary Public in and for th COMM.gxp.04105=10 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 Marc A. Ott, Assistant City Manager of the City of Fort Worth, 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 the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this oe day of 20 O�7 , .<. £ Ia�e �� ee Notary Public in and forte State of Texas PERMANENT DRAINAGE FACILITY EASEMENT(Pipe)AND TEMPORARY CONSTRUCTION EASEMENT Rev.7=06 ADDENDUM This Addendum to the foregoing City of Fort Worth Permanent Drainage Facility Easement and Temporary Construction Easement(the"Easement')modifies the Easement as follows: Notwithstanding any provision in the.Easement to the contrary: 1. Grantee agrees to remit to Grantor the amount of$2,500.00 to replace trees removed to _ accommodate the new headwall for the drainage outlet 2.. Grantee agrees to reimburse Grantor the amount of$2,000.00 for the construction of a temporary Tee Box. The temporary Tee Box is necessary so that construction crews will not be in danger of being struck by flying golf balls. 3. Grantee agrees to reimburse Grantor the amount of$1,244.00 for the installation of two 12 inch pipes beneath Grantors' cart path to accommodate the increased flow of water as a result of Improvements to Grantees'facility, GRANTOR: Somerset-Lost Creek Golf, Ltd. GRANTEE: of Fort Worth a Texas limited partnership By: Somerset-Lost Creek Management, L.L.C. a Texas limited liability company 16"-/� - Marc k Ott,Assistant City Manager 4"on APPROVED AS TO FORM AND LEGALITY erie,Vice PresidentAWk Assistant City Att ey PERMANENT DRAINAGE FACILITY EASEMENT(Pipe)AND TEMPORARY CONSTRUCTION EASEMENT Rear Vrnos PARCEL 27 FEZ IT "All SITUATED in the City of Fort Worth,in Iarrant County, Texas and being a tract of land on and across a portion of a tract of land in the J.Burleson Survey Abstract 78,as conveyed to Somerset-Lost Creek Golf,ltd,(Lost Creek tract)by deed as recorded in Volume 6587,Page 233 of the Deed Records of Tarrant County being more patticularly described by metes and bounds as follows: BEGINNING at a point in a northerly line of said Lost Creek tract at the southwest coiner of Lot 8,Block 8 of Lost Creek Addition an addition to the City of Fort Worth as recorded in -- Volume 388-115,Page 97 of the Plat Records of Tarrant County, Iexas; THENCE,S 81020'43"E_,along a northerly lane of'said Lost Creek tract and along the south line of said Block 8,a distance of 25.0 feet; THENCE,S.89917"W.,a distance of'36.0 feet; THENCE,N. 81020'43"W.,a distance of'50.0 feet; THENCE,N.8039'17"E_,a distance of 36.0 feet to a point in a northerly line of said Lost Creek tract and the south line of said Block 8; THENCE,S_81°20'43"E. along a northerly line of said Lost Creek tract and the south line of said Block 8,a distance of 25.0 feet to the POINT OF BEGINNING and containing 1,800.0 square feet of land- J.B..Davies,Inc. Fort Worth, Texas .January 7,2005 / YQF r Q ' L _ � d BLOCK 8 ! LOST CREEK ADDN, 1 VOL. 388--115, PG, 97 ! ! a P,R,T.C,T. LOT 7 ! . ! o � w LOT 8 ! ! d ! w o ! POINT OF BEGINNING FOR DESCRIPTION OF EXHIBIT A VOL. 17396, PG. 430 D.R.T.C. 25 °, _ _ OWNER: SOMERSET--LOST CREEK cap`; ;�;;. 25•,Q-, le 0'43"� GOLF, LTD. 4101 LOST CREEK BLVD. ALEDO TX. 76008 '. PARCEL 27 STORM DRAIN EXHIBIT "A" ' M IMPROVEMENTS Go PROPOSED PERMANENT N81'43"`yy' DRAINAGE EASEMENT '0 1800 SF J. BURL.ESON SURVEY A--78 DRAWING SHOWING PARCEL 27 5s EXHIBIT "T DRAWING OF EXHIBIT '°A" 50.0' BY 36.0' STORM DRAIN EASEMENT ACROSS ...0. ?.....�:5.11I . ....q- -.-.. . ....y-.... TRACT 5 OF THE J. BURLESON SURVEY ABSTRACT No. 78 AS DESCRIBED IN VOLUME 17396, PAGE 430.OF THE `. � S�co DEED RECORDS OF TARRANT COUNTY. TEXAS 0 20 40 .T. B. DAWC , INC. ZMAGM and smvmiw 3018 SE LOOP 820 MRT WO= TEW 76.140 HORIZONTAL SCALE: 1" = 20' 817-335-3154 PARCEL 27 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE City of Fort Worth, Tarrant County, Texas and being a tract of land on the and across a portion of a tract of land in the J. Burleson Survey Abstract Now 78 , as described in the deed to Somerset- Lost Creek Golf, Ltd. (Lost Creek Tract) recorded in Volume 17396, Page 430 of the Deed Records of Tarrant County, Texas, being more particularly described as follows: BEGINNING at a point in the northerly line of the said Lost Creek tract, being S8I*20'43"E, 25.Oft from the southwest corner of Lot 8 Block 8, Lost Creek Addition an addition in the City of Fart Worth, Tarrant County, Texas, as shown by plat recorded in Volume 388-115, Page 97 of the Deed Records of Tarrant County, Texas; THENCE S81°20'43"E, 15.Oft; THENCE S8 -39'17"W, 60.Ofk.; THENCE N81°20'43"W, 80.Oft.; THENCE N8°39'1rE, 60..Oft. to a point in the said northerly line of the Lost Creek tract; THENCE S81°20'43"E, 15.Oft to a the northwest corner of the Permanent Drainage Easement as described in Exhibit A herein; THENCE S8°39'17"W, 36.Oft.; THENCE S81°20'43"E, 50.Oft.; THENCE N8°39'17"E, 36.Oft. to the place of beginning and containing 2998 square feet of land.. J. B. Davies, Inc. Fort Worth, Texas October 26, 2007 '•" in.H. " ,13,DAV I'':$III ,..,.A.. .,.4368 y �pE.sSt r{ l��AS1l9v��0 1� BLACK 8 r ! r4 LOT 7 r v LOST CREEK ANN, r ac VOL. 388-115, PG, 97 JPiR*T.C,T& } ! LOT 8 IL VOL. 17396. PG. 430 D.R.T C. +` OWNER: SOMERSET—LOST CREEK kk : GOLF. LTD. . $12O'43,. 4101 LOST CREEK BLVD. p `"�--E ALEDO TX. 76008 p co PROPOSED DRAINAGE ANENTf o `tea 0 SEMENT t: Q, 4369 QRco ARY' •SiiAV�^t r ONttR :• Go 4EN 7 PARCEL 27 81 P W 80 DRAWING SHOWING PARCEL 27 �� EXHIBIT "D" DRAWING OF EXHIBIT "C„ TEMPORARY CONSTRUCTION EASEMENT FOR TRACT 5 OF J. BURLESON SURVEY ABSTRACT No. 713 AS DESCRIBED IN VOLUME 17396• WAGE 430 OF THE DEED RECORDS OF TARRANT COUNTY_ TEXAS J• 0 20 40 .T B. DA M. 8016 SE LOOP 820 .� I' BT WO= 7=8 76140 HORIZONTAL SCALE: 1" — 20' BIT-9s6-3t1s4 Fyst 1►Pwr a44tr F'�s{jl�.l��ior 4 r ■PA iF P i CITY OF FT WORTH 900 MONROE ST N. #302 FT WORTH TX 76102 Submi4ter. CITY OF FORT WORTH/REAL PROPERTY-001 ZCFVI SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH,TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD, Filed For Registration: 11129/200711:35 AM Instrument#: D207423697 E 10 PGS $48.00 By: III11111111111111111111111111111IIIII1111111111111111111IN D207423697 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: ap �. ACORD,. CERTIFICATE OF LIABILITY INSURANCE DA12/18/08Y) PRODUCER Aon Risk Services southwest, inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Dallas TX Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ci tyPl ace center East CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE 2711 North Haskell Avenue COVERAGE AFFORDED BY THE POLICIES BELOW. suite 800 Dallas TX 75204 USA INSURERS AFFORDING COVERAGE PHONE•(214) 989-0000 FAX-(214) 989-2530 INSURED INSURER A: Hartford ins co of the Midwest Burnsco Construction, inc. INSURERB: Illinois National insurance co 6331 southwest Blvd. Benbrook TX 76132 USA INSURERC: Hartford casualty insurance co L a: INSURERD: Hartford underwriters ins. Co. `•" a r a INSURER E: 'L r COVERAGES This Certificate is not intended.to specify all endorsements,coverages,terms,conditions and exclusions of the policies shown. SIR May App y c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING L ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS N DATE(MM\DMYY) DATE(MM\DMYY) pc N D GENERAL LIABILITY 46 C QT1165 06/20/08 06/20/09 EACH OCCURRENCE $1,000,000Lr COMMERCIAL GENERAL LIABILITY O X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300,OOO m CLAIMS MADE X❑OCCUR MED EXP(Any one person) $10,000 O n X Per Project Aggregate PERSONAL&ADV INJURY $1,000,000 X Contractual Liabilitv GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRO- PRODUCTS-COMP/OP AGG $2,OOO,OOO a POLICY E JECT LOC 'Z a a A 46 UEN QT1166 06/20/08 06/20/09 a AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO BUSINESS AUTOMOBILE (Ea accident) $1,000,000 � a ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY M10 NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) No GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG B EXCESS LIABILITY BE 7227337 06/20/08 06 20 09 EACH OCCURRENCE $15,000,000 UMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE AGGREGATE $15,000,000 DEDUCTIBLE X RETENTION $10,000 C WORKERS COMPENSATION AND 46 WE QT1164 06/20/08 06/20/09 X WC STATU-I OTH- EMPLOYERS'LIABILITY WORKERS' COMPENSATION TO Y LIMITS ER E.L.EACH ACCIDENT $1,000,000 0 E.L.DISEASE-POLICY LIMIT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 C. OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Lost Creek Phase 2 Drainage improvements for Ben Creek Court, Blue Creek Court, and Powderhorn Road; DOE W_ Project NO: 4744, TPw Project No. c200 541200 2032800087 83, City Of Fort worth, Texas. The City, its officers, employees, and servants shall be named as an additional insured, on a primary and non CERTIFICATE HOLDER CANCELLATION X� .. City Of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION '�rl 1000 Throckmorton street DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL fir. Fort worth TX 76102 USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, C! BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ��JJ �Q �p -o c�4'ossc7�cLfr�cw��sw ACORD 25-5 7/97 ACORD CORPORATION 1 888 - 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 insurer(s).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. INSURER INSURED Burnsco construction, Inc. INSURER 6331 southwest Blvd. Benbrook TX 76132 USA INSURER INSURER INSURER 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 INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR POLICY DESCRIPTION DATE DATE r DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS contributory basis, for all coverages except workers` compensation J waiver of subrogation in favor of do the additional insured with regard to all certified coverages. W ar Certificate No: 570032054282 ■ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4744 and City of Fort Worth Project No. C200- 203280008783. CO A OR _ Bufnsco C nstruction Inc. Name: ,ol.tiw, '1JL*kp . Title: Ik a 51 c-ey'. ' Date: �2�tz p S STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Y fie ►:;,�3 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 Bumsco Construction, Inc.for the purposes and consideration therein expressed and in the capacity therein stated. C� Given Under My Hand and Seal of Office thisday 20 �0 Notary Pub in and for the State of Texas r MAW F RM"LL My CoMMIM ►EXPk*6 SepA�+r►b91 28,2010 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successful) completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety Bond No. 6581471 - PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Safeco Insurance Company That we (1) Buroxo Construction. Inc. 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 Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of. Two Hundred Sixty-five Thousand Four Hundred Sixty-nine and oo/100»»»,»....,»...».»»». ($265,469,00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the 9th of December, 2008 a copy of which is attached hereto and made a part hereof,for the constriction of: Laat Crcek Phase 2 Drainf M 1wyMyp enty NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SE D this 9*of December,2008. ATTEST: t — Burn o Const coon Inc. (Principal) cre ry PR' CIPAL ff Morton. BY: Secretary Title: Joh Burns, President (SEAL) 6331 Southwest Blvd. Benbrook.TX 76132 (Address) Safeco Insurancg Company of America Wi as t 6331 Southwest Blvd., Benbrook, TX 76132 Address BY: no -in-fact)( ) Lisa M. Bont 5 (Suzy)Secretary Safeco Plaza Seattle, WA 98185 _ (Address) (SEAL) NOTE: Date of Bond must not be prior to date 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 urety 2711 N. Haskell Avenue#800, Dallas, TX 75204 (Address) Bond No. 6581471 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Safeco Insurance Company That we,(1)Burnsco Construction,Inc.,as Principal herein,and(2) of America a corporation organized and existing under the laws of the State of(3) Washington as simty, are -, held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Sixty-five Thousand Four Hundred Sixty-nine and no/100-.-»...----..--..» Dollars ($265,469,00) for the payment whereof, the said Principal and Surety bind themselves and their heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 9th day of December, 2008,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: Lost Creek Phase 2 Drainaee Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfidly make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code, as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duty authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 9th day of,December2008. Bu o struction. Inc., PRI CIPAL ATTEST: By:. ` Name: Jo n Burns (Princ:ipaq - �'' Jeff Morton Title: President Je (S E L) SecretaryAddress: 6331 Southwest Blvd. Benbrook.TX 76132 Witness asio Prin&Qpi Safeco Insurance Company of America SUR TY ATTEST: By: Name: Lisa M. Bonnot Secretary Attomey in Fact (S E A L) Address: Safeco Plaza Seattle, WA 9818B � l V iiriess as to &irely Telephone Number: 206/473-3799 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 Attomey shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 6581471 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § Safeco Insurance Company That Burnsco Construction, Inc. ("Contractor"), as principal, and of America a corporation organized under the 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, ("City") in Tarrant County, Texas, the sum of Two Hundred Sixty-five Thousand Four Hundred Sixty-nine and no/100.................................................................................................................................... Dollars ($265,469.00), 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 Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 9th of December, 2008, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Lost Creek Phase 2 Drainane Improvements the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-203280008783 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2)years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 9th day of December, A.D.2008. ATTEST: Bumsco Construction, Inc. (SEAL) Contractor � By: Secret Name: J n Burns eff Morton Secretary Title: President ATTEST: Safeco Insurance Company of America IS E A L) Surety ,V�- - By: Secretary t4ame: Lisa M. B not Title: Attorney-in-fact Safeco Plaza Seattle, WA 98185 Address + Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle,WA 98185 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.; + RICARDO J.REYNA;JERRY P.ROSE;Dallas,Texas****************************"**"****************************** its true and lawful attorney(s)-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 this 13th November 2008 + day of Edmund C.Kenealy.Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE - Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA + and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY 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 individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar 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 seal, 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 adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) 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 (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Edmund C.Kenealy 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 Power of 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,I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th day of December 2008 CRORATf SEAL W SEAL A tat' trF�wAswti�d d(waSti�° Edmund C.Kenealy,Secretary r Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 10/08 WEB PDF r Figure: 28 TAG§1.601(a)(3) 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Home Office Surety at Usted puede contactar a servicio de la 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 informacion o para at: someter una queja al: (800)472-5357 Surety Option #7 (800)472-5357 Surety Opcion De#7 ---4�75[r may also wMe tb-S L5-d`"--- - UsTedTambien puede-escn6ir_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 el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener information coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: (800) 252-3439 (800) 252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (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 Y 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente 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 se resuelve la disputa,puede contact the Texas Department of Insurance. entonces comunicarse con el departamento (TDI). 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 information y no se ' become a part or condition of the attached convierte en parte o condition del documento document. adjunto. 4 3 CITY OF FORT WORTH TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS .. COUNTY OF TARRANT This agreement made and entered into this the 9th day of December A.D.,2008 by and between the CITY OF FORT WORTH,a municipal corporation of Tarrant County,Texas,organized and existing — under and by virtue of a special charter adopted by the qualified voters within said City on the 11'h day of December, A.D. 1924, under the authority(vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city,and the City of Fort Worth being hereinafter termed Owner,Bur nsco Construction, Inc.,HEREINAFTER CALLED Contractor. .. WTTNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: .. Lost Credo Phase 2 Drainage Improvements 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 x accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are .. hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10)days after being notified in writing to do so by the Department of Engineering of the City .. of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 60 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract _ Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$210 Per calendar day, not as a penalty but as liquidated damages,the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety s to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,and if in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. .• 6 Contractor covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the n project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees._Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. _ The Director may, if he deems 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(includinglexcluding)alternates shall be Two Hundred 5:., -five Thousand Four Hundred Sixty-nine and no/100.. ..Dollars,($265,469.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas,a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 9th day of December.A.D.,2008. APPROVAL RECOMMENDED: CITY OF FORT WORTH DIRECTOR,DEP OF +� TRANSPORTATIONIPUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER -2 ATTEST: _ SEc� Burnsco Con ru ion, Inc.Jeff Morton 6331 Southwest Blvd. Secretary Benbrook,TX 76132 CONTRACTOR CITY SECRETARY (SEAL) BY: k� Contract Authorizatiou iNwsi=r-%>T' la 69 TITLE Date APPROVED AS TO FORM AND �p33/ �r,e3vD gRoamevc T5c LEGALITY: ADDRESS 76r (K60,V11, �3z l ! ASST. L November 1960 Revised May 1986 Revised September 1992 ® RID � E 4