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HomeMy WebLinkAboutContract 38332NoCITY SECRETAWN 4 � A SPECIFICATIONS D.O.E. FILE me AND `;ITY SECRETAFiy CONTRACTOR'S BONDING CO. %ONTRgCT NO. CONTRACT DOCUMENTS CONSTRUCTION'S COPY CLIENT DEPARTMENT FOR PLANS FOR THE CONSTRUCTION OF LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS Department of Engineering No. 5556 City Project No. 00633 in the CITY OF FORT WORTH, TEXAS /� � PZE pF rf,�q�Illt ...:.......................:...� l) CLAYTON 7T. R7EDINGER rr MIKE J. MONCRIEF MAYOR S. FRANK CRUMB, P.E. DIRECTOR WATER DEPARTMENT DALE A. FISSELER, P.E. CITY MANAGER I GREG SIMMONS, P.E. DIRECTOR (ACTING) TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED FOR: CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING DeOtte, Inc. CIVIL ENGINEERING 2553 East Loop 820 North Fort Worth, Texas 76118 fax 817-59G-8600 www.deotte.00m 817-589-0000 r OFFICIAL. RECORD CITY SECRETARY FT. WORTHI TX 2008 *L� ®RIN At 03-13-09 P03:38 IN M&C Review rage 1 of 1 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 2/17/2009 Uffictal site of the City of Fort Worth, Texas FORT WORTII DATE: 2/17/2009 REFERENCE NO.: C-23354 LOG NAME: 20LOWERKRAUSS CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize a Contract with Erosion and Retaining Wall Structures, Inc., in the Amount of $465,796.00 for the Lower Krauss -Baker Channel Improvements RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $465,796.00 with Erosion and Retaining Wall Structures, Inc., for construction of the Lower Krauss -Baker channel improvements. DISCUSSION: The Storm Water Management Program was established to reduce flooding in the City of Fort Worth, preserve streams, minimize water pollution, and to operate the storm water system in a more effective manner to fully comply with State and Federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review and increased public education and outreach. On October 16, 2007, the City Council approved the issuance and sale of bonds which will be used to fund capital improvements in the storm water utility system scheduled over the next two years. On August 21, 2007, (M&C C-22322) the City Council authorized the City Manager to execute an Engineering Agreement (Agreement) with DeOtte, kv-, for the design of the Lower Krauss -Baker channel improvements. This design resulted in the recommendation for the construction of the following drainage improvements: grading and drainage improvements consisting of unclassified excavation, gabion mattress, maintenance access ramps, concrete rip -rap and retaining wall construction. The project was advertised for bid on October 16 and October 23, 2008, in the Fort Worth Star - Telegram. On November 6, 2008, the following bids were received: Bidders Amount Time Of Completion Erosion and Retaining Wall Structures, Inc. $465,796.00 48 Working Days Ark Contracting Services, LLC $550,860.00 Craig Olden, Inc. $648,500.00 Based on price, experience, and reputation Erosion and Retaining Wall Structures, Inc., was determined to offer the best value. Costs for the implementation of this project will be funded by the Storm Water Capital Projects 2007 Revenue Bond Fund. Funding in the amount of $37,400.00 is included for associated storm drain 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 $23,290.00. Erosion and Retaining Wall Structures, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation. The City's goal on this project is 22 percent. http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1009&cotmcildate=2/17/2009 3/2/2009 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 to the Specifications & Contract Documents for CONSTRUCT LOWER KRAUSS-BAKER CHANNEL IMPROVMENTS CITY PROJECT NO.00633 Bid Submittal Due Date: November 6, 2008 Addendum No. 1 Issued: October 31, 2008 The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: SHEET 20 OF 22; GABION DETAILS AND NOTES REVISE THE FOLLOWING NOTES: BACKFILL BEHIND CRUSHED STONE LAYE SHALL BE SELECT BORROW. SELECT BORROW SHALL BE UNIFORMLY BLENDED CLAYEY SAND THAT CONTAINS NO ORGANIC MATERIAL, STONES LARGER THAN V, MANMADE DEBRIS OR ANY OTHER DELETERIOUS MATERIALS. SELECT BORROW MATERIAL SHALL HAVE A PLASTICITY INDEX BETWEEN 4 TO 16. SELECT FILL SHALL BE PLACED IN LIFTS NO DEEPER THAN 8 INCHES AND COMPACTED TO A MINIMUM OF 95% STANDARD PROCTOR DENSITY. EXCEPT AS NOTED ON THESE PLANS, SELECT FILL SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 6.2, "PLACEMENT AND COMPACTION" OF THE GEOTECHNICAL STUDY. 2. TOPSOIL AND SOD (TO MATCH EXISTING GRASSES) SHALL BE PLACED IN ALL GRASS AREAS DISTURBED BY CONSTRUCTION ABOVE THE GABION STRUCTURE OR MATTRESS AND IN OTHER AREAS AS DIRECTED BY THE ENGINEER.DISTURBED AREAS GREATER THAN 10 FEET FROM THE G__enIntic WILL BE REPAIRED AT THE vrccr� r�-� r-. THAN ry ■-�c� CONTRACTOR'S EXPENSE. . TOPSOIL SHALL BE 6" THICK AND, EXCEPT AS NOTED ON THESE PLANS, SHALL COMPLY WITH REQUIREMENTS OF ITEM 2.03,70PSOIL" OF THE "EARTHWORK" SECTION OF THE TECHNICAL SPECIFICATIONS. 3. CRUSHED STONE & FILTER FABRIC SHALL BE SUBSIDIARY TO GABION OR GABION MATTRESS. ADD THE FOLLOWING NOTES: 4. TOPSOIL AND SOD PLACEMENT SHALL BE SUBSIDIARY TO GABION OR GABION MATTRESS. ADD THE FOLLOWING T&PW GENERAL CONSTRUCTION NOTES: Addendum No. 1 IV 10/31/2008 TPW GENERAL CONSTRUCTION NOTES 1. CONTRACTOR SHALL LIMIT ACTIVITIES TO WITHIN THE EXISTING DRAINAGE ROW. 2. CONTRACTOR SHALL VERIFY THE ELEVATION, CONFIGURATION AND LOCATION OF EXISTING LINES PRIOR TO CONSTRUCTION. SUCH VERIFICATION SHALL BE CONSIDERED SUBSIDIARY TO THE COST OF THE PROJECT AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED. 3. THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS FOR THE SUPPORT AND PROTECTION OF ALL UTILITY POLES, GAS MAINS, TELEPHONE CABLES, SANITARY SEWER LINES, ELECTRIC CABLES, DRAINAGE PIPES, UTILITY SERVICES, AND ALL OTHER UTILITIES, AND THE STRUCTURES BOTH ABOVE AND BELOW GROUND DURING CONSTRUCTION. THE CONTRACTOR IS LIABLE FOR ALL DAMAGES TO SUCH EXISTING FACILITIES AS A RESULT OF THE CONTRACTOR'S OPERATIONS. 4. CONTRACTOR SHALL SUBMIT WRITTEN REQUEST TO THE ENGINEER FOR LAPPROVAL OF ALL AREAS TO BE USED FOR STAGING, MOBILIZATION, EQUIPMENT AND MATERIAL STORAGE AND GENERAL PROJECT CONSTRUCTION MANAGEMENT. REQUESTS SHALL BE SUBMITTED TO THE ENGINEER WITHIN FIVE (5) DAYS OF NOTICE TO PROCEED. 5. CONTRACTOR SHALL HAVE ALL UTILITY COMPANIES LOCATE AND MARK ALL UNDERGROUND FACILITIES BEFORE BEGINNING EXCAVATION. 6. CONTRACTOR SHALL CLEAN UP AND RESTORE THE AREAS OF OPERATIONS TO A CONDITION AS GOOD AS OR BETTER THAN THAT WHICH EXISTED PRIOR TO THE PROJECT. 7. NO EQUIPMENT OR MATERIAL SHALL BE DEPOSITED ON PRIVATE PROPERTY WITHOUT WRITTEN PERMISSION FROM THE PROPERTY OWNERS. 8. CONTRACTOR SHALL PRESENT PROPOSED CONSTRUCTION STAGING AT THE PRE - CONSTRUCTION MEETING. 9. IT IS RECOMMENDED THAT THE CONTRACTOR VIDEO ALL POTENTIALLY IMPACTED PRIVATE PROPERTY AREAS PRIOR TO WORK. VIDEOS SHOULD INCLUDE THE DATE, NOTATION AND AUDIO IDENTIFICATION OF PROPERTY ADDRESS. ANY PRE - CONSTRUCTION VIDEO TAPING OF IMPACTED PROPERTIES SHALL BE CONSIDERED SUBSIDIARY TO THE COST OF THE PROJECT. 10. TWO-WAY TRAFFIC MUST BE MAINTAINED AT ALL TIMES. TEMPORARY LANE CLOSURES FOR DELIVERY AND ACCESS OF EQUIPMENT WILL BE ALLOWED IF TRAFFIC CONTROL PLANS PROVIDED BY THE CONTRACTOR ARE REVIEWED AND APPROVED BY THE CITY TRAFFIC ENGINEER. THERE SHALL BE NO LANE CLOSURES AFTER HOURS OR WHEN ACTIVE WORK IS NOT TAKING PLACE AT A SPECIFIC LOCATION. This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Addendum No. 1 10/31 /2008 Acknowledge your receipt of this addendum No. 1 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM NO.1" Failure to acknowledge receipt of the Addendum No. 1could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. GREG SIMMONS, P.E. ACTING DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By: 22L 1F1 f Dena Johnson, PA. Engineering Manager J L r--] J Addendum No. 1 3 10/31/2008 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PLANS FOR THE CONSTRUCTION OF LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS MIKE J. MONCRIEF MAYOR S. FRANK CRUMB, P.E. DIRECTOR WATER DEPARTMENT Department of Engineering No. 5556 City Project No. 00633 in the CITY OF FORT WORTH, TEXAS ......................... CLAYTON T. REDINGER r;•, 97497 DALE A. FISSELER, P.E. CITY MANAGER GREG SIMMONS, P.E. DIRECTOR (ACTING) TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED FOR: CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING DeOtte, Inc. CIVIL ENGINEERING 2553 East Loop 820 North Fort Worth, Texas 76118 fax 817-590-8600 www.deotte.com 817-589-0000 2008 am THE CITY OF FORT WORTH, TEXAS Construct Lower Krauss -Baker Channel Improvements City Project No. 00633 FORTWORTH MIKE MONCRIEF MAYOR DALE FISSELER, PE CITY MANAGER Greg Simmons, PE Acting Director, Transportation & Public Works Department DeOtte, Inc. October 2008 Lower Krauss -Baker Channel Improvements October 2008 TABLE OF CONTENTS 1. NOTICE TO OFFERORS 2. COMPREHENSIVE NOTICE TO OFFERORS 3. INSTRUCTIONS TO OFFERORS 4. PROPOSAL 5. EXPERIENCE RECORD 6. WORKER'S COMPENSATION LAW COMPLIANCE 7. CONFLICT OF INTEREST QUESTIONAIRE 6. VENDOR COMPLIANCE No 9. GREEN CEMENT COMPLIANCE 10. SPECIFICATIONS AND CONTRACT DOCUMENTS No Lower Krauss -Baker Channel Improvements October 2008 no No NOTICE TO OFFERORS Proposals for the construction of the Lower Krauss -Baker Channel Improvements (the channel improvements intersect Westcreek Drive, Sandra Drive, and Jennie Drive) will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, November 6, 2008, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offeror that offers the best value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. The major work will consist of the following: Grading and drainage improvements consisting of unclassified excavation, gabion mattress, maintenance access ramps, concrete rip -rap and retaining wall construction. Offeror shall comply with the City's Green Cement Policy as stipulated in the 'Comprehensive Notice to Offerors'. A Pre -Bid Conference will be held at 10:00 A.M., Tuesday, October 28, 2008 at the Department of Transportation and Public Works Conference Room, Room 270, 2"d Floor, City Municipal Building, 1000 _. Throckmorton Street, in Fort Worth. The offers will be valid for ninety (90) calendar days. The Engineer's Estimate for the construction costs is $548,780.10. The MWBE participation requirement is 22%. Offeror(s) must submit the appropriate completed MWBE forms within 5 business days of submitting their Best Value Proposal. Failure to document proposed _t attainment will remove the Proposal from further consideration. Contact the M/WBE Office at 817-392- 6104 to obtain list of certified subcontractors and suppliers. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made no will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. General Contractors and Suppliers may make copies of the Contract Documents, Specifications, and Plans through their printer. The bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line at https://projectpoi nt. buzzsaw.com/fortworthgov/DO E_P rojects/00633%20-%20Lower%20Krauss- Baker%20Channel%201mprovements?public. Contact the Project Manager, Michael Owen, P.E., at (817) 392-8079 or Email michael.owen@fortworthgov.org for assistance. For additional information contact Clayton Redinger, P.E., DeOtte, Inc., (817) 589-0000 or Email claytonredinoerandeotte.com. Advertisement: October 16, 2008 October 23, 2008 Lower Krauss -Baker Channel Improvements October 2008 r COMPREHENSIVE NOTICE TO OFFERORS Proposals for the construction of the Lower Krauss -Baker Channel Improvements (the channel improvements intersect Westcreek Drive, Sandra Drive, and Jennie Drive) will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, November 6, 2008, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offeror that offers the best value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. on The major work will consist of the following: Grading and drainage Improvements consisting of unclassified excavation, gabion No mattress, maintenance access ramps, concrete rip -rap and retaining wall construction. Offeror shall comply with the City's Green Cement Policy as stipulated in the 'Comprehensive Notice to Offerors'. A Pre -Bid Conference will be held at 10:00 A.M., Tuesday, October 28, 2008 at the Department of Transportation and Public Works Conference Room, Room 270, 2nd Floor, City Municipal Building, 1000 Throckmorton Street, in Fort Worth. The offers will be valid for ninety (90) calendar days. The Engineer's Estimate for the construction costs is $548,780.10. General Contractors and Suppliers may make copies of the Contract Documents, Specifications, and Plans through their printer. The bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line at Y https://projectpoint.buzzsaw.com/fortworthgov/DOE_Projects/00633%20-%20Lower%20Krauss- Baker%20Channel%201mprovements?public. NOTICES All offerors will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. �. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. No offer may be withdrawn until the expiration of ninety (90) days from the date offers are opened. The award of contract, if made, will be within ninety (90) days after the opening of offers, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the offeror to whom it is proposed to award the Contract. Offerors are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Offers that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Engineering Department at (817) 392-7910. Lower Krauss -Baker Channel Improvements October 2008 we Offerors, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Offerors must complete the proposal section(s) and submit the complete specification book or face rejection of the offer as non -responsive. It is recommended that the offeror make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the offeror may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. Offerors, using the electronic bidding system (Buzzsaw) and as outlined in the submission instructions, shall submit those documents electronically that are requesting information but do not require a signature. And for those documents that require signatures, print a copy of each document, complete, sign, and received at the Purchasing Office within the time deadline stated above. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The offeror shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City of Fort Worth 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 City of Fort Worth received the Documentation. Failure to comply shall r render the offer non -responsive. The MWBE participation requirement is 22%. Contact the MWWBE Office at 817-392-6104 to obtain list of certified subcontractors and suppliers. As per Fort Worth City Council Resolution 3536, the City Manager is authorized to specify the purchase of dry kiln cement in City of Fort Worth projects for the purchase of cement from an unspecified source and preferential purchasing for bids from a cement kiln with emissions not exceeding 1.7 pounds of NOx r per ton of clinker produced. In cases where cement meeting the above requirements is not available, and where cement from a non -compliant source must be utilized, the Contractor shall furnish good faith effort documentation in the form of letters from two North Texas cement suppliers of green cement stating that no stock of green cement is available for the contractor at that time. These letters shall be considered valid for a maximum of one week after which new letters must be submitted to the Project Inspector if green cement continues to remain unavailable. 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 or the good faith effort documentation at the time the of offer opening of the project. A copy of the Compliance Statement is included in these documents. Failure to comply with the Green Cement Policy may result in rejection of the bid as non -responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable offer, the Contractor is required to submit an offer for the complete proposal. An offer proposal submittal that is received with the proposal incomplete will be rejected as being non -responsive. Offerors are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the offer that is considered to be in the best interest of the City of Fort Worth. Contact the Project Manager, Michael Owen, P.E., at (817) 392-8079 or Email michael.owen@fortworthgov.org for assistance. For additional information contact Clayton Redinger, P.E., DeOtte, Inc., (817) 589-0000 or Email claytonredinQertldeotte.com. Advertisement: October 16, 2008 October 23, 2008 Lower Krauss -Baker Channel Improvements October 2008 am r INSTRUCTIONS TO OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice-president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety 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. In order for a surety to be acceptable to the City, 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. Include completed "Experience Record" Include executed "Conflict of Interest Questionnaire," "Vendor Compliance to State Law," and "Green Cement Policy Compliance Statement" with Proposal. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed price (50%) 2. Reputation/experience of the Offeror as demonstrated by past project work and the report of references (40%) 3. Offeror's past relationship with the City. (10%) "NOTE": If the Offeror does not have previous work experience with the City, then the reputation evaluation criterion will represent 50% of the overall score. The proposed price shall be scored as follows: the low bidder shall receive the full amount of points designated for "Proposed price"; the remaining bidders shall receive the percentage of the points designated for "Proposed price" resulting from the difference between 100% and the percentage the bid is over the low bid total; and if the bidder's total is 100% or greater over the low bid total, then zero points will be received. Lower Krauss -Baker Channel Improvements October 2008 lu The remaining criteria shall be reviewed independently by a panel of evaluators and cumulative average scores will be awarded. The City shall review the projects listed in the experience record provided by the offeror in order to evaluate the quality of the offeror's past work. After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Offeror. The City and its engineer may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) (,BEST VALUE PROPOSAL) All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date, ALL Offerors will be required to submit the appropriate completed M/WBE documentation. The M/WBE goal is 22%. The M/WBE firm(s) must be located or doing business in the City's geographic market area that include the following nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation. (TXDOT), Highway Division prior to recommendation for award being made by the City Council. If you will not have any M/WBE participation during this contract, then a completed Good Faith Effort Form with appropriate supporting documentation must be submitted. Failure to submit the appropriate M/WBE documentation or the detailed explanation of the Offeror's Good Faith Effort to meet or exceed the stated M/WBE goal, may Render the proposal non -responsive. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security 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. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, 'the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The 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 Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, 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 Lower Krauss -Baker Channel Improvements October 2008 required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such .� reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds IM orwhich are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract 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 also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth, PRE -BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the bidder shall be considered evidence that it has complied with these requirements. 6. 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. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. POST BID - PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Engineering Services Division, 1000 Throckmorton Street, Fort Worth, Texas 76102, within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: M/WBE Documentation (for bids in excess of $25,000) Proposed Subcontractors and Suppliers Project Schedule Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Lower Krauss -Baker Channel Improvements October 2008 F� MW so Should a Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. EL Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. BID DOCUMENTS: Hard copies of bidding documents may be obtained directly from printers or downloaded and printed by the Offeror. 14. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 15. PROJECT SCHEDULE: The Project Schedule, submitted as a part of the Post Bid — Pre Award Submittal Package will, at the minimum, include the following: mobilization, site preparation, excavation, concrete work, placement of gabion mattress, and closeout. The Schedule may be submitted as a table or PERT diagram. so Lower Krauss -Baker Channel Improvements October 2008 10 I IZ0510+.J s RAF iAj I AtG WAL-L S'TiILuC74RAE'S 1 PROPOSAL TO: MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: Lower Krauss -Baker Channel Improvements Fort Worth, Texas City Project No. 00633 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. ,. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: M r__J I—] Lower Krauss -Baker Channel Improvements October 2008 Drainage Improvements PAY COFW APPROX. DESCRIPTION OF ITEMS WITH BID PRICES ITEM BID # UNIT QUANTITY WRITTEN IN WORDS UNIT PRICE AMOUNT BID (Furnish and install complete in place, including all appurtenant work, the following items.) 1 BID-00504 EA 2 Sign -Project Designation - Install AVE 1 fbJSAND Dollars Cents $ 5, 000.00 $ /0, OW • 00 2 BID-00124 LS 1 Mobilization - Services t♦-uNOOt� A Fry Nwemzy Itkx�s,4w, I Dollars 7A20 Cents $ 1 ZSO. ono $ (9, 2 So. oo 3 BID-00065 CY 2,770 Channel -Unclassified Excavation - Remove -re/ l Dollars no 2&R0 Cents $ /0.00 $ 211 400.00 �. 4 BID-00070 LS 1 Headwall - Remove I tk(LT %? FtVa t+ViVV (1gV Dollars Cents $ 3, 5a0.C) $ 3, S00. 00 5 BID-00093 SY 170 RipRap- Remove 'mil (Lry Five Dollars Z�Ro Cents $ :56. 00 $ 5; 9EO - 00 6 BID-00127 LF 162 Fence - Remove INGNEY AVE Dollars Cents $ 25'. DO $ yJ D 50.00 "' Lower Krauss -Baker Channel Improvements October 2008 WL 7 BID-00185 EA 7 Tree Removal - Remove E%ewr 4,Okw Dollars _2�8(2o Cents $ 0010•00 $ S, 600.00 8 BID-00406 LF 180 Guardrail - Remove -rweNT`( 1i t/: Dollars Zip Cents $ 2 ' 00 $ qI 500.00 9 BID-00424 LF 47 Curb & Gutter - Remove i E HV/VDpgo 6)aTy Dollars ML 2c p Cents $ l Ko• 00 $ %, 580. 00 Erosion Control-Gabion Basket - Install 10 BID-00067 CY 1,152 (MATRESS) //�^^ --jW0 HVNpj,,O TU 5/1/C`l✓ 1'1 Ug Dollars 06, 2rr-Qp Cents $ =5_- 00 $ 25 9, LOD . 00 .. 11 BID-00092 CY 21 RipRap - Install Fgt2 �'ft/Hbl E16 ti'1'i� S1X Dollars Cents $ {A.00 $ to, W6 .00 12 BID-00128 LF 200 Fence -Chain Link - Install F6u(1-T`t' TWO Dollars J Cents $ Z-00 $ 00.00 13 BID-00405 LF 165 Guardrail - Install A FTY Dollars J ZEap Cents $ 50. 00 $ 8j Z 50• 00 WN Lower Krauss -Baker Channel Improvements October 2008 14 BID-00411 CY 131 (Retaining Wall - Install 71 �E tjVW KQ !i #�dL� A IJaE Dollars Cents $ S OO $ 70 0 5- 00 15 BID-00535 LF 185 Walk -Handrail - Install 91 gTy Dollars 2" Cents $ 65. 00 $ 121025. o0 16 SPECIAL EA 3 4'x10' Tubular Barrier Gate�� //"�� thew AyE t4ynawD Dollars Cents $ 3150O- OD $ 10 SoO. 00 DRAINAGE IMPROVEMENTS TOTAL: $ 4 6 S, 6 • OU M nu no No Lower Krauss -Baker Channel Improvements October 2008 -. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, By: Address: Comp Sig?Pdfe ' JAtMG6 9. (;eE P(►�sinGN i Printed Name of Principal Title PID 8OX 33+0 Street 1.r-'w4SylLLe -150(1) City zip Phone:g-iz.' 2z[- '3n-t Fax: CQ LIM Email: Receipt is acknowledged of the following addenda: Addendum No. ~" Addendum No. 2: Addendum No. 3: Addendum No. 4: Addendum No. 5:�__ _ Lower Krauss -Baker Channel Improvements October 2008 The undersigned agrees to complete the Work within _ working days after the date of Notice to Proceed (the contractor is to insert the proposed number of working days). A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or _ principal place of business are outside of the State of Texas) that 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 Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. 1_1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. Ivj' Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($_ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. Lower Krauss -Baker Channel Improvements October 2008 EXPERIENCE RECORD List of Projects your Organization has successfully completed: Amount of Contract Award Type of Work Date Accepted Name and Address of Owner �r 1 t. See AATAcA*eO 6tN61 T List of Projects your Organization is now engaged in completing: Amount of Anticipated Date Contract Award Type of Work of Completion Name and Address of Owner 325, 5zs yo R.�PR>NP �Pu. ZooB �-4arr15 COUTHA Fool, (WU - 9J°O NarfhW 5-t = aLva.y , IP5y, 105. GO CAgION5 Mc_ Doul-r 5390 15-e4 (-ear Tx 71 � q8 i 391l,L112- sv C�gtO N S Nov . U08 C,+L, eF Noll 144L.410 '73o NE LooP GAO ey94 t,M( -71,180 561;103 . DO 19M WNs U09 Co 'n 6004r ii.AAAA 5•Mc 9. 9C2 0 r" Lower Krauss -Baker Channel Improvements October 2008 ffi 11S Erosion do Retainin y WaH Structures, Inc. PO BOX 336 Lewisville, TX 75067 (972) 221.8397 — Phone (972) 221.4044 — Fax www.erwsinc.com November 5, 2008 Subject: Construct Lower Krauss -Baker Channel Improvements (City Project No. 00633) References To Whom It May Concern, .. Please see the following information which represents a sampling of projects that we've completed over the past few years. The first three projects are located in the DFW area, with the remaining projects located throughout the United States. McCormick Park Bank Stabilization Project on Little Bear Creek Euless, TX City of Euless, TX - Owner (817) 685-1647 Allen Harts was the Point of Contact with the City of Euless. We installed a tie -back gabion retaining wall approximately 21' (foot) tall along Little Bear Creek where it was in danger of eroding a part of the .. sidewalk that runs through McCormick Park. The total contract cost was $216,135.11. Fairdale Substation — Garland Power & Light 200 North 5th Street Garland, TX 75040 Can-Fer Construction Company, Inc. — General Contractor (972) 484-4344 .. Tommy Bower is the Point of Contact with Can-Fer Construction Company, Inc. We were a sub- contractor to CanFer on this project where we built an 18' (foot) gabion tie -back wall 287' (foot) long. We self performed this, while CanFer handled the footings for the power transfer station. Our contract amount was $150,300. We began this project in December 2007 and finished in February of 2008. College Substation — Garland Power & Light 200 North 5th Street Garland, TX 75040 (214) 686-7594 Joe Cherry — Point of Contact We installed approximately 400 CY of tie -back gabion retaining walls along with 850 CY of rock excavation. We self performed this contract as the general contractor. We began work in September of 2008 and have completed the construction aspect of the project and are currently awaiting our retention payment on the work performed. Our contract amount was $406,754.95. City of Lubbock Business Park Phase 1 A Lubbock, TX We were a sub -contractor to Duinick Bros., Inc. for this project. Jason Shelburne, with Duinick Bros is the point of contact on this project (817-491-0946). We installed approximately 1,246 CY of 12-inch PVC gabion mattresses along with other items for drainage control and detention pond construction. We began this project in February 2008 and completed work in March of 2008. • Page 2 November 4, 2008 Dallas Co. TXDOT Maintenance Project RMC 6133-27-001 Mo Khoshkar - Engineering Specialist SWAO - Dallas TXDOT (972) 293-4475 We self performed this project as a general contractor. We installed approximately 1,000 CY of gabion mattress to prevent further erosion along Mauk Branch Creek in Duncanville, TX. Collin County TXDOT Project Maintenance Project (RMC 6126-87-001) We self performed this contract as the general contractor. Royce Godwin was the Point of Contact (972) 542-2461 We installed 331 CY of gabion retaining walls under pre-existing bridges on US Highway 75 at Throckmorton Creek. Our contract amount was - $83,000.00. We began the project in August 2005 and completed it in October 2005. Carlisle Area Drainage Rehabilitation Phase 2-B City Project No. 98-202-39 City of Mobile, AL We were a subcontractor to J.H. Adams & Sons Construction Co. (251) 456-1909 James F. Adams - Point of Contact Our portion of the project consisted of installing approximately 3,500 CY of gabion retaining walls ranging from 19' to 9' high and 1,600 LF long. We also installed approximately 8,150 SY of gabion mattresses in the channel bottom between the walls. The approximate value of our contract was $380,000. We began our portion in November 2006 and completed it in May 2007. Navy Canal/Cameron Ditch Stormwater Facility Owner's Contract #: CC-0349-06 / DRR Seminole County, FI Public Works Division - Owner Prime Construction Group, Inc. - General Contractor Ketan Patel was the project manager on this project for Prime Construction Group, Inc. (407) 856-8180 ext. 246 _ We installed - 2,150 CY of Gabion Baskets and - 585 SY of Gabion Mattresses. We began our portion of the project in May 2006 and completed it in August 2006. Our contract value was approximately $470,000.00. Collin County TXDOT Project Maintenance Project (RMC 6126-87-001) We self performed this project as a general contractor. Royce Godwin was the Point of Contact (972) 542-2461 We installed 331 CY of gabion retaining walls under pre-existing bridges on US Highway 75 at Throckmorton Creek. Our contract amount was - $83,000.00. We began the project in August 2005 and completed it in October 2005. Buffalo Bayou Hike and Bike Trail / Bagby to Sabine GFS No. N-0420T-38-3 City of Houston Buffalo Bayou Partnership / United Engineers, Inc. Boyer, Inc. - General Contractor Bill Kelly- Point of Contact (713) 466-5395 We were a sub contractor on this project and we installed sack gabions along Buffalo Bayou along with .., gabion mattresses, and limestone landscaping items. We began our portion of the project in August 2004 and completed it July 2006. Our original contract value was - $400,000.00, but as the project started, change orders drove the value to near - $600,000.00. • Page 3 November 4, 2008 Emergency Watershed Protection Program, North Chickamauga Creek Watershed USDA / NRCS - Chattanooga, TN Steele & Associates, Inc. - General Contractor Wayne Singleton - Point of Contact (770) 475-8199 We installed - 4,800 CY of Gabion retaining walls and - 6,000 tons of riprap. We began our portion of the project in October 2005 and completed it in January 2006. Our contract value was -- $490,000.00. As I mentioned, this is only a sample of the work Erosion & Retaining Wall Structures, Inc. has completed since 2001. Please visit our website, www.erwsinc.com to see pictures of these and other projects. If you need any further information, please don't hesitate to contact me. We look forward to working with you. cerel , 4 James E. Fee M Vice President am Is CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project LOWER KRAUSS BAKER CHANNEL IMPROVEMENTS CITY PROJECT NUMBER 00633 Fort Worth, Texas By: s' t Title N 200$ Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of �S OMEZ&O N -------------, for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Nd%Lt#J&P& ___, 20_Q_j —__. JOE C. SCHWEIGHOFER " Notary Public, State of Texas Notary u lic in and for the State of Texas My Commission Expires July 23, 2012 a ontractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. MI Lower Krauss -Baker Channel Improvements October 2008 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. A. Our principal place of business or corporate offices are in the State of Texas. BIDDER:5<<�� ��OSl01J k Q.�CJAU, --- __ may: � � ----- Company (Please print) ?b Vol *90 _—_—_-- Signature: _----_—_—_ _--- Address Title:_ ft6 VON------ -- City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Lower Krauss -Baker Channel Improvements October 2008 r i M 111/05/2008 04:24 8173354035 REDI-MIX PAGE 01 NOV-04.2000 16:27 From: To:8178354035 P.2/2 GREEN CEMENT POLICY COMPLIANCE STATEMENT � ('To be iiornished by the Contractor to ft City at the time of bid opening) (Submit separase forms for each svpplier / product Wppliei j Noma of PrOjeCt: (. s:ft WLL&LJF.r c ujS - G3C4% �ft City Prof. No,: '—Vg. wg3- This is to oortffy that the cement to be utilized for the above project 40 meet the following oriteru The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln that meets the emission standard of 1,71b or leas of NOx ! ton of clinker relewd into the atmosphere. Name of Manufacturer �. Address of Manufacturer: / 1 SUPPLIER �? � t✓ L(� t.° irk �'` Name iitle Tr e n EMID-n $r iammyK VAXIL �r irtG• Company Company Phone Number Lowcrl(muss-BakerChoAricl impmvemcnts October 2008 Ina Phone Number PROJECT DESIGNATION SIGN 1-1/2• FORTWORTH, 3° 3° Project Title 4" Contractor: 1/2" 2-1/2° Contractors Name 1-3l4' 1° FUNDED BY 2-112" (List Bond Fund, etc) 1-12 SCHEDULED COMPLETION DATE 1 1 YEAR SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR, BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE "MOLLY" LOGO IS PMS 167. Lower Krauss -Baker Channel Improvements October 2008 ow 00 dft SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PLANS FOR THE CONSTRUCTION OF LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS Department of Engineering No. 5556 City Project No. 00633 in the CITY OF FORT WORTH, TEXAS MIKE J. MONCRIEF MAYOR S. FRANK CRUMB, P.E. DIRECTOR WATER DEPARTMENT f*' .............. CLAYTON T, REDINGER. 00* ........... . ........ . it 97497 1�1,� . t �,• �; DALE A. FISSELER, P.E. CITY MANAGER GREG SIMMONS, P.E. DIRECTOR (ACTING) TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED FOR: CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING DeOtte, Inc. CIVIL ENGINEERING 2553 East Loop 820 North Fort Worth, Texas 76118 fax 817-590-8600 www.deotte.com 817-589-0000 • 2008 TABLE OF CONTENTS 1 — Project Information 2 — Front End Documents 3 — MWBE Documentation 4 — Bid Package 5 — General and Special Conditions ❑ 1.1 -MSC pdf ® 1.2 — Title Page MS -Word ® 1.3 — Location Maps pdf 2.1 — Table of Contents MS -Word ❑ 2.2 — Notice to Bidders MS -Word ❑ 2.3 — Comprehensive Notice MS -Word to Bidders ❑ 2.4 — Special Instructions to pdf Bidders (water -sewer) ® 2.5 — Special Instruction to pdf Bidders (paving -drainage) ® 2.6 — Detailed Project MS -Word Specifications (no drawings provided) ® 3.1 — MWBE Special pdf Instructions ® 3.2 — MWBE pdf Subcontractors/Suppliers Utilization Form ® 3.3 — MWBE Prime Contractor pdf Waiver ® 3.4 — MWBE Good Faith Effort pdf ® 3.5 — MWBE Joint Venture pdf ❑ 4.1 — Bid Proposal Cover S pdf Signature Sheets ❑ 4.2 — Bid Proposal(s) MS -Excel ❑ 4.3 — Green Cement Policy MS -Word Compliance Statement ❑ 4.4 — Bid Schedule pdf ❑ 4.5 — Vendor Compliance to pdf State Law ❑ 4.6 — List of Fittings pdf ❑ 4.7 — Addenda Index and pdf Receipt ❑ 4.8 — Pre -Qualified Sub- MS -Word Contractor List ❑ 5.1 — Part C General pdf Conditions (water — sewer) ❑ 5.2 — Supplementary pdf Conditions to Part C (water — sewer) ❑ 5.3 — Part D — Special MS -Word Conditions (water — sewer) ❑ 5.4 — Part DA — Additional MS -Word Special Condition (water — sewer) ❑ 5.5 — Part E Specifications pdf ® 5.6 — Special Provisions (paving - drainage) a TABLE OF CONTENTS 6 — Contracts, Bonds and Insurance 7 — Permits 8 — Easements 9 — Reports 10 — Addenda ® 5.7 - Wage Rates pdf ® 5.8 — Compliance with and pdf Enforcement of Prevailing Wage Rates ❑ 5.9 — Standard Details (water- dwf sewer) ❑ 5.10 — Standard Details dwf (paving- drainage) ® 6.1 — Certificate of Insurance MS -Word ❑ 6.2 — Contractor Compliance pdf With Workers' Compensation Law ❑ 6.3 - Conflict of Interest pdf Questionnaire ® 6.4 - Performance Bond pdf ® 6.5 - Payment Bond pdf ® 6.6 - Maintenance Bond pdf ® 6.7 — City of Fort Worth pdf Contract ❑ 7.1 — TxDOT Permit(s) pdf ❑ 7.2 — Railroad Permit(s) pdf ❑ 7.3 — Other Permit(s) pdf ❑ 8.1 — Easement pdf ❑ 9.1 — Geo-tech Report(s) pdf ❑ 9.2 — Cathodic Protection pdf Study Report ❑ 9.3 — Other Project Specific pdf Study Report(s) ❑ 10.1 Addendum MS -Word DETAILED PROJECT SPECIFICATIONS ., SPECIFICATION FOR GABION STRUCTURES GENERAL: SEE PLANS MATERIALS: SEE PLANS + CONSTRUCTION: SEE PLANS MEASUREMENT AND PAYMENT: + For items of work for which specific unit prices are established in the contract, the volume of rock will be measured within neat lines of the gabion mattress structure and computed to the nearest cubic yard. Payment for gabions will be made at the contract unit price, and includes the wire mesh, rock, specified bedding material and geotextile. Such payment will be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of the work. SPECIFICATION FOR METAL BEAM GUARD FENCE The specifications for the construction of metal beam guard fence shall comply with North Central Texas Council of Governments (NCTCOG) specifications item 801.2 and Standard Drawings 2270-A through E. no Page 1 of 1 M 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. k. a 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 .r 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 fumished 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 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. 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 he 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 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 (1001/6) 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. MW no 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. 7. FINANCIAL STATEMENT: A current certified financial statement maybe 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 No 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 Comprebensive General Liability (Bodily Injury-$500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each oc(aience). The City reserves the right to request any other insurance coverages as may be required .. by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: we No 10/27/04 Ma Md 00 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. so 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. No 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 NN 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 No contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability. claim 00 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. a. 10/27/04 so "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 s bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a 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 n UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRRYIE 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 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. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid maybe 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. so 60 10/27/04, s w 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) 871-7910. 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: Certain of coverage C`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 §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, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or 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, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and M. ;10/27/04 ow (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, 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 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 w 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. 10/27/04 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. 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 DISCRIlVQNATION: 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 DISCREWINATION: In accordance with the policy (`Polley") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage 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 so 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 10/27/04 no no 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 C 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 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. so no 10/27/04 no q ATTACHMENT IA Page 1 of 4 FORT WORTii City of Fart Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime V �- ` M/W/DBE X NON-M/W/DBE PROJECT NAME: _ 44t ChCCity's O t- ATE be M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter' into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications 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 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. w Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business �. Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5130/03 FORTWORTH Ir— ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and ntik-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name T ; Certification (check one) N n Detail Detail N T Address a N, W C T X D M W Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B E B E R C O T B E A RNSPoR.i�'[kNItN� mct� i a1 bv�ul jP�bio� sfi P X 36d ALuoo,Ti l�zz5 J mc��irial haul '1�P Soy I �0,�3�•Nu g40•47,-+- 2033 PnOaZ 2'1431 fax ato�on r�ti/,�c�erft Gabi�,,��• �-�2. So Lowcsv� 112"139 o -Z-vai lb3°1_ f hog r�hys Lccf wW tu��i hu�lrrai ?dot tvgvus Qd -I ._.. �2` SZS.00 QoQkr t jT bZb2 8t1- qql• im - P tvl- tiro- 0001- � J mq Can-wucem� , lam• 3 132$ Gr �vardr�l 750.00 tl . �t3o• �rd�� ^ P 6li3o.1i . Lk%b - f (mN Conslruvk Z06 Po WX 2310 Az lt, TX �160% ✓ t ns' �1 �hu�� I i hK. fcanc�, 4 $ , too • 00 VoLl - M. tWb - P T5- 3325 Panolk AVC vqa kjn '1 03 ✓ ✓ rtkC4:mr VN5 wall �► 1�W-00 q)IJ- � U10r 1 f ��r�.Q sn.53b. ll3l-f Kev. O/JU(UJ FoRTWORTH ATTACHMENT IA Page 3 of 4 w M w w 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) o SUBCONTRACTORISUPPLIER T Detail Detail N T Company Name Address i M wC X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T R D O B E E C T E A Im .r on no i MW FORT % 13— ATTACHMENT 1A Page 4 of 4 /N Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 1 4ol B3-440 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 1 O 6 ` 6q�- SO TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ Zl.�I �', 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. re �X�5101e� f Zawl!rcm wa(t S�Yu kmx , lic, Company Name &M Address City/State/Zip Printed Signature Contact Name/Title (if different) 6(12 2u 9007 Telephone and/or Fax E-mail Address I. Rev. 5/30103 y FORT WORTH City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 1B Page 1 of 1 �P'RRIIM,,E COMPANY NAME: A r / GWS100 NiAlG I ' / - ` MU //V Check applicable block to describe rime M/W/DBE NON-M/W/DBE PROJECT NAME: BID DATE r� ,,,ca�,� ✓ L. City's MMBE Project Goal: % PROJECT NUMBER f •/J\, If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manaaina Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. YES NO Will you perform this entire contract without suppliers? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. YES NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) 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 by the M/WBEs 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 creates a material breach of contract may r n a determination of an irresponsible offeror and barred from participating in City work for a period o e not an o 1 year. s ---- -----------------�--- '-------------------- Aut ized Signature Printed Signature w ves k------------ ------------------------------------------- Title Contact Name (if different) 1AL 9-14- 2.36 ----9 -S I ts�- --- Company Name / Phone Number Fax Number .. Address ail Address l�—w&L -r c�'1---------- _-�-------------- City/State/Zip Date Rev. 5/30/03 s w M r w w we ATTIC,HMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME CCOMPANY (%NAME: A I A'/� G ( ��/ �I' sk a / a"V� 1 NG WALL, ✓ � /7 (A;C - Check applicable block to describe rime M/W/DBE NON-MNV/DBE PROJECT NAME: ,�,•�/},�- (�,� 1 / (ALow M a ss" /rn BID DATE ^ I_ (� City's M/WBE Project Goal: 22. PROJECT NUMBER If you have failed to secure MMIBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the MfWBE 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. Failure to complete this form, in its entirety with supporting 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. 1.) 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 M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (use aaa►aonat sneers, it necessary) List of Subcontracting Opportunities I List of Supplier Opportunities Rev. 05/30/03 7"iJ ATTACHMENT IC 1 ? ; 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 No Date of Listing 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? 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? 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 MfWBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs 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? 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.) an Company Name Telephone Contact Person Scope of Work Reason for Rejection 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. 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 Attachmpat- Il be contacted and the reasons for not using them will be verified by the . y's IVINV Offic . ----------------- ---------------- � �> _E. f---------------- Author' d Signature Printed Signature �'---� a&-------------------- -- -------------------------------------- Title Contact Name and Title (if different) r �oe� a in �r ► �i St r (k�------2�-( ------ -- $W 33 -1-5--7 Company Name Phone Number Fax Number -a -M -33P------------------------ Address UAN sy i ate Tit s City/State/Zip mail Address Dat am Rev. 05/30/03 no SPECIAL. PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents + 1. SCOPE OF WORK.............................................................................................I..... SP-4 2. ................................. AWARD OF CONTRACT .............................. .......................... SP-4 + 3. PRECONSTRUCTION CONFERENCE.................................................................... SP-4 4. EXAMINATION OF SITE......................................................................................... Sp-5 5. BID SUBMITTAL....................................................................................................... Sp-5 6. WATER FOR CONSTRUCTION.............................................................................. Sp-5 7. SANITARY FACILITIES FOR WORKMERS............................................................. Sp-5 8. PAYMENT .,....................................................................................................... Sp-5 9. SUBSIDIARY WORK . ........................................................................................... Sp-5 + 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC................................................................................................... SP-6 11. WAGE RATES..................................................................................................... SP-6 12. EXISTING UTILITIES............................................................................................... SP-7 11 PARKWAY CONSTRUCTION .................................................................................. SP-7 14. MATERIAL STORAGE............................................................................................. SP-7 15. PROTECTION OF EXISTING UTILITIES + ANDIMPROVEMENTS 16, INCREASE OR DECREASE IN QUANTITIES.......................................................... SP-8 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS ................................. SP-8 18. EQUAL EMPLOYMENT PROVISIONS..................................................................... SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE........................................................................................... SP-9 20. FINAL CLEAN UP................................................................................................ SP-10 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW.......................................................................................... SP-10 22. SUBSTITUTIONS.....................................................................................................SP-13 23. MECHANICS AND MATERIALSMEN'S LIEN ..................................................... ...... SP-14 24. WORK ORDER DELAY............................................................................. ..........SP-14 25. WORKING DAYS....................................................................................................SP-14 - 26. RIGHT TO ABANDON.............................................................................................SP-14 27. CONSTRUCTION SPECIFICATIONS......................................................................SP-14 28. MAINTENANCE STATEMENT................................................................................SP-14 29. DELAYS...... ............................... .................................................................. SP-14 30. DETOURS AND BARRICADES...............................................................................SP-15 31. DISPOSAL OF SPOIL/FILL MATERIAL................................................................... SPA 5 32. QUALITY CONTROL TESTING............................................................................._ SP-15 aw 33. PROPERTY ACCESS ....................................................... ..................... SP-16 34.. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ....................... SP-16 35. WATER DEPARTMENT PRE-QUALIFICATIONS................................................... SP-17 No 36. RIGHT TO AUDIT .................................................................................................. SP-17 37. CONSTRUCTION STAKES..................................................................................... SP-17 38. LOCATION OF NEW WALKS AND DRIVEWAYS.................................................SP-18 so 39. EARLY WARNING SYSTEM FOR CONSTRUCTION..............................................SP-18 40. AIR POLLUTION WATCH DAYS..............................................................................SP-18 05/01 /08 Sp-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEM : 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION ....................................... SP-1 9 so 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT ................................... SP-19 43. PAY ITEM - SILICONE JOINT SEALING........................................................... SP-21 44. PAY ITEM - 7" CONCRETE CURB ............................. .r 45. PAY ITEM - RETAINING WALL ........................................................ ................. SP-25 46. PAY ITEM - REPLACE EXIST. CURB AND GUTTER ........................................ SP-25 47. PAY ITEM HMAC TRANSITION....................................................................... SP-25 48. PAY ITEM - 6" PIPE SUBDRAIN........................................................................SP-25 49. PAY ITEM - TRENCH'SAFETY..........................................................................SP-26 50. PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION ........... I............... 51. PAY ITEM - 6" HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES) ........................... ........ .......................... SP-26 52. PAY ITEM - CONCRETE FLAT.WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS)............................................................................... SP-27 53. PAY ITEM- REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEELCHAIR RAMPS ......................SP-28 54. PAY ITEM - REMOVE EXISTING CURB AND GUTTER....................................SP-28 55. PAY ITEM - REMOVE EXISTING CURB INLET.................................................SP-28 56. PAY ITEM - 6" REINFORCED CONCRETE DRIVEWAY...................................SP-28 57, PAY ITEM - REMOVE AND CONSTRUCT CONCRETE STEPS .......................SP-28 58. PAY ITEM- 4' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP ........................................... ......... ,........ I ........ SP-29 - 59. PAY ITEM - REMOVE AND REPLACE FENCE.................................................SP-29 60. PAY ITEM - STANDARD 7" CURB AND 18" GUTTER.......................................SP-30 61. PAY ITEM - REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUSSP-30 62. PAY ITEM - BORROW ................................................. ........................... SP-30 63. PAY ITEM - CEMENT STABILIZATION............................................................. SP-30 64. PAY ITEM - CEMENT........................................................................................ SP-30 65. PAY ITEM - NEW 7" CONCRETE VALLEY GUTTER........................................SP-30 66. PAY ITEM - STORM DRAIN INLETS., ....................... 67. PAY ITEM - TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN ...................................................... ................ SP-31 68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1. ACRE).......................SP-31 69. PRE BID ITEM - PROJECT DESIGNATION SIGN ...................... ............................. SP-33 ., 70. PRE BID ITEM - UTILITY ADJUSTMENT..................................................................SP-34 71. PRE BID ITEM - TOP SOIL. ..... ... ............................................................SP-34 72. PRE BID ITEM - ADJUST WATER VALVE BOX......................................................SP-34 05/01 /08 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS r' Table of Contents 73. PRE BID ITEM - MANHOLE ADJUSTMENT.......................................................SP-34 74. PRE BID ITEM - ADJUST WATER METER BOX................................................SP-36 75. NON -PAY ITEM - CLEARING AND GRUBBING ................................................... SP-36 76. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL ....................................... SP-36 77. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOILS....................SP-36 78. NON -PAY ITEM - CONCRETE COLORED SURFACE........................................SP-36 79. NON -PAY ITEM - PROJECT CLEAN-UP.............................................................. SP-37 80. NON -PAY ITEM - PROJECT SCHEDULE .................................. .........,.................SP-37 81. NON -PAY ITEM - NOTIFICATION OF RESIDENTS ............................................. SP-37 82. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ............................................... SP-37 83. NON -PAY ITEM - PRE -CONSTRUCTION NEIGHBORHOOD MEETING ............ SP-38 84. NON -PAY ITEM - WASHED ROCK.......................................................................SP-38 85. NON -PAY ITEM - SAWCUT OF EXISTING CONCRETE......................................SP-38 „y 66. NON -PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ......... .............................................SP-38 87, NON -PAY ITEM - TIE-IN INTO STORM DRAIN STRUCTURE ............................. SP-39 ' 88. NON -PAY ITEM - SPRINKLER HEAD ADJUSTMENT .......................................... SP-39 89. NON -PAY ITEM -- FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ... SP-39 90. NON -PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN1 ACRE)......................................................................... SP-40 91. NON -PAY ITEM- `GREEN` CEMENT POLICY ............... ....................................... SP-41 „ 92. PAY ITEM - TRAFFIC CONTROL............................................................... SP-41 L 05/01 /08 SP-3 ■ SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS CITY PROJECT NO.: 00633 DOE NO.: 5556 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Constrtactlon of gra��ng�d drainage ftltprouerrents cnrtsistiigFof tirclassifed retaining `;walls and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the ,. work. 2. AWARD OF CONTRACT: Bidders are hereby informed that the Director of the Engineering Department reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City - - City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and " sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City A of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non- 05/01 /08 SP-4 responsive" and rejecting bids as appropriate and as determined by the Director of the Engineering Department. 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 05/01 /08 SP-5 City shall make an initial determination, before the 31 st 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. 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 (1) 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 r 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. W 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 05/01 /08 SP-6 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 Engineering Department. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, mo 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 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 05/01 /08 SP-7 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. 18, EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (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 05/01 /08 SP-8 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 utilization 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 M/WBE 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: Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. 05/01/08 SP-9 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's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 05/01 /08 S P-10 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; 05/01 /08 SP-11 r (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are • providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. p k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The 05/01 /08 SP-12 text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-463-3642 to receive information on the legal requirement for coverage, to verify whether �. your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the 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. 05/01 /08 SP-13 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Engineering Department 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 the latest version of the 'Texas Manual on Uniform Traffic Control Devices for Streets and Highways" 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 05/01 /08 SP-14 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 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. 05/01 /08 SP-15 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 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. r (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 05/01/08 S P-16 no 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 R 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 bl-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: 05/01 /08 SP-17 ..0 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to no 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. r 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. RJ The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 05/01 /08 SP-18 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. 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. so (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 am 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. 05/01 /08 VW SP-19 ., w t_fi w 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 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 no 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 so The joint sealant shall be Dow Corning 890-SL self -leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686- 0994, or an approved equal. Self -Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin -Over Time, minutes max. 60 **** Cure Time, days 14 to 21 05/01 /08 S P-20 No ou Full Adhesion, days 14 to 21 AS CURED - ASTM D 412, Die Mod. Elongation, % min. 1400 °y 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 no shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail' sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch -- width "green" saw -cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of 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 r. inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 05/01 /08 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. SP-21 W 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width + requirements. + 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on the "Construction Detail' sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one -direction to prevent joint contamination. 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. so 05/01 /08 10 The blown joint shall be checked for residual dust or other contamination. If SP-22 any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. .. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any .. failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT I. 05/01 /08 Y 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. SP-23 �ii 44. PAY ITEM- 7" CONCRETE CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45. PAY ITEM - RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk" where applicable. All existing brick and/or stone retaining 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: r• 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. i 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 - - 6" PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 05/01 /08 SP-24 NK, 49. PAY ITEM - TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. 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 w shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM - 6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 312.7 'Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot -mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of 05/01 /08 SP-25 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'/z 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. no 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan ow thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot -mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre -Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density. testing. For type "B" asphalt a maximum of 200% 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 y 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. 05/01 /08 SP-26 Ow am Required backfilling and finished grading adjacent to flatwork shall be completed in order for no the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes 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 Item No. 104 "Removing Old Concrete", for Specifications governing this item. 54. PAY ITEM — REMOVE EXISTING CURB AND GUTTER: so 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 and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 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. go 57. PAY ITEM — REMOVE AND CONSTRUCT CONCRETE STEPS: No r See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this item as well as details SM-3. The price bid per each for "REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 05/01 /08 S P-27 58. 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 817-392-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry -shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM — REMOVE AND REPLACE FENCE: • This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in + reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM — STANDARD 7" CURB AND 18" GUTTER: All provisions of Standard Specification No. 502 'Concrete Curb and Gutter' shall apply except as modified herein: 0 Subsidiary to the unit price bid per linear foot shall be the following: A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. 05/01 /08 SP-28 If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter jo shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 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 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 — NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. 05/01 /08 SP-29 See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot -Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 66. PAY ITEM — STORM DRAIN INLETS: • An alternative method of construction for these items will be "Pre -Cast" manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre -Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets" and said construction shall be in compliance with all other requirements of Item 444 where applicable. 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. 68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is ' required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an 'operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.htmi. 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 05/01/08 SP-30 Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre -construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the ' site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. w The NOI shall be mailed to: Texas Gommission 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 payment of the TCEQ required fee. A SWPPP that meets all TCEQ 05/01 /08 SP-31 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 (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as 05/01 /08 SP-32 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, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. 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 quantities listed. 72. PRE BID ITEM - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 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: 05/01 /08 SP-33 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. 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 05/01 /08 SP-34 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 y 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 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 05/01/08 SP-35 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): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled -hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible -earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution -control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms,. dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution -control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution -control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil -erosion -control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 05/01 /08 S P-38 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil -erosion -control work and his plan to keep the area of erodible -earth material to a minimum. He shall also submit for acceptance his proposed method of soil -erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil -erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 91. GREEN CEMENT, POLICY: As per:`I=ort w City Manager is :authorized to specify, the purchase. of Fort""Worth bid projects, ',with anal#ernative ,-b unspecified source Ori,&preferential purchasingjoi not exceeding 1,7 pounds of "NOx, per�ton of clir meeting the above -requirements is, not available;, source -must be utilized ;° the: Contractor shall;furrti: form of letters: from two- North Texas'cement Wooll of green„cement is available.for;the contraotor,at tN valid; for a maximum of -one _woek�,� after, which new Inspector:`if"green cement continues ;to remain'un; with the 'Green°" Cement,Policy` shall ire considerec items. _:City Council "Resolution 3535` the y kiln cement as thetasetid in Clty bfiids�,rom acementknwith "emissions Ar:Yproduced' In cases- where "'cement rid. where:`cement'from;°`a non=compliant i,good faith effort documentation n:,:,the rsgof `green" cement stating that, no• stock I:tiiiio§ These.letters:shail be considered 'etters must be submitted to1he Project raila1616. 411 related ,costs for complying subsidiary<to .thesapplicablexproject` pay The contractor°shall 'submit, the Green'Cement'Policy Compliance :Statementhor';;the good faith effort'. documentation at the time thek of_ bid . opening of,::the :project . A copy, of the Compliance :Statement ,is attached, at,the;;end;.of:'this section:. Failure.to;compiy,with the Green Cement Policy may 'result in :rejection of the%bid °as' non -responsive: 05/01 /08 SP-39 92., PAY ITEM TRAFFIC=CONTROL r;ThwContractor will be required to obta n`'a `'Street Use.,Permit.' prior o'starting work Unless otherwise 1nctuded as a,partof'the Construction documents; the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineerin the state of, Texas); to the City Traffic Engineer .[Tel. (817)392-8770] at or before the preconstruction conferenc®;;Although work will _not begin until the traffic control plan has' been reviewed and,°.approved h.e Contractor's time will begin in accordance with the>timeframe: mutually estabtished in. the 'Notice. to Proceed' issued to the Contractor The traffic control, plan shall be consistent with the provisions set forth. n the "4atest Edition Texas:Manual on Uniform Traffic Control Devices for Streets and,.Highways",Issued`under:the authority of the'"State ofTexas,Uniform Act Regulating Traffic on` Highways,"=codified;a5`AMcle 6701dYernon's Civil 'Statutes, 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 Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. ■ Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." { • 05/01 /08 SP-40 s (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE 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.> N' Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> • AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 05/01 /08 0 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. SP-41 so City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION&ERTIFICATIOOI : The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by—'. Fernando Costa (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) no 0 0 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12,78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $12.80 Concrete Finisher Paving $12.85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paying Spreader Operator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe Derrick, Dra line, Shovel Operator $14.12 Electrician $18.12 Fla er $ 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 Operator, Fine Grade $15.20 Motor Grader Operator, Rough $14.50 Oiler $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pi ela er $t 1.04 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/TampingWheel/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 Type $12.60 Tractor Operator, Pneumatic $12.91 Traveling Mixer Operator $12,03 Truck Driver Lowboy -Float $14.93 Truck Driver Single Axle, Heavy $11.47 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 1 $13.57 Work Zone Barricade Servicer 1 $10.09 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Classification AC Mechanic Classification $21.69 Plumber $70.43 AC Mechanic Helper $i2.00 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 Helper $10.91 Concrete Pump $20.50 Drywall Taper $13,00 Crane, Clamsheel, Backhoe, Derrick, D'Line 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 Electronic Technician Helper $12.00 Welder Helper $9.75 Floor Layer Resilient $20.00 Floor Layer Helper $13.00 Glazier $18.00 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 Pi efitter Helper $12.83 Plasterer $17.25 Plasterer Helper $12.25 Compliance 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), No 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. (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 31s` 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 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 l Ith 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. 0 (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 reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) 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. (g) 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. (h) 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. No 10 go PERFORMANCE BOND Bond No.: 767D45P is THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: r COUNTY OF TARRANT That we (1) Erosion & Retainine Wall Structures, Inc. as Principal herein, and (2) r Developers Surety & Indemnity Company, a corporation organized under the laws of the State of (3) Iowa and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a muiucipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the stun of: r Four Hundred Sixty-five Thousand Seven Hundred Ninety-six and no/100......................................................... ($465,796.00) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. r WHEREAS, Principal has entered into a certain contract with the Obligee dated the 17th of February , 2009 a copy of which is attached hereto and made a part hereof, for the construction of: " Lower Krauss -Baker Channel Improvements 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 reirnburse 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. No 1W PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Govenunent 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 duty authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 1 gt of February , 2009. ATTEST: i (Principal) Secretary (SEAL) Witne s to Pr' &ifal Address A TEST• Surety) Secretary (SEAL) Witness as& Surety 1000 So. Mian Street, Suite 240, Grapevine, TX 76053 1W (Address) PO Box 336 Le►visvile, TX 75067 (Address) Developers Surety & Indemnity Company Surety n BY: S A Steven J. zinccker (AttoID - =fact)(5) P.O. Box 19725, Irvine, CA 92623 (Address) 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 snail not be prior to date of Contract. PAYMENT BOND Bond No. 767045P THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Erosion & Retaining Wall Structures, Inc., as Principal herein, and (2) N"I'MS"&Ink-MY co-M a corporation organized and existing under the laws of the State of (3) Iowa as surety, are held and finely bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Sixty-five Thousand Seven Hundred Ninety-six and no/100....................................... Dollars ($465,796.00) 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 17th day of Febnuvy 2009, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Lower Krauss -Baker Channel Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal _ shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 18th day of, February 2009. Aw MW ■ IN VA no / ATTEST: (Primal) Secretary (S E A L) C• i Hess as Principa ATTEST: $Act�t�rY Witness as to rety Erosio Retai 5YICctures, Inc. PRINCIPAL Address: PO Box 336 Lewisvile, TX 75067 Developers Surety & Indemnity Company SURETY By: Name: Steven J. Zin & Attorney in Fact Address: P.O. Box 19725 Irvine, CA 92623 Telephone Number: (8t7)329-7007 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. as MAINTENANCE BOND Bond No. 767045P THE STATE OF TEXAS COUNTY OF TARRANT That Erosion & Retaining Wall Structures, Inc. ("Contractor"), as principal, and Developers Surety & Indemnity Company , a corporation organized under the laws of the State of Iowa , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Four Hundred Sixty-five Thousand Seven Hundred Ninety-six andno/100................................................................................................................................ Dollars ($465,796.00), 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 17th of February , 2009, a copy of which is hereto attached and made a part _ hereof, for the performance of the following described public improvements: Lower Krauss -Baker Channel Improvements the same being referred to herein and in said contract as the Work and being designated as project number(s) P229-206280063383 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 de n origins , his 18th day of February , A. D.2009. M ATTEST: (SEAL) Secretary Title: V (ce. ATTEST: Developers Surety & Indemnity Company tS E;*JJ - Surety By: S@CJBtar! Name. Steven J. Zinecker -- - Title: Attorney -In -Fact Address P.O. Box 19725 Wine, CA 92623 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint; ***Charles K. Miller, Shannon Lewis, Steven J. Zinecker, jointly or severally*** as their true and lawful Allomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)•in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection !herewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and Ihal each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; . RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: ,� ,,�;�y nrin ,,yo.,,, oMPANY Stephen T. Pate, Senior Vice Presiden 'y-S 4opP0R'4 ��,':, �G o jkPOgq 9 '¢ OCT, E z = OCT. 5 1^ sir+! 0 By:1 9 3 � 5 0, ? o 0 1967 2 Charles L. Day, Assistant Secretary 6 : L$ = O P \ g41FOP�a� State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of safisfadw evidence to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiherRheir authorized capacity(les), and that by hislhedlheir signature(s) on the instrument the person(s), or the entity upon behalf of CHRISTOPHER J. RQACH which the persons) acted, executed the instrument. a GOMM. # 1745939 � @My NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY ry true and correct. Fcomm, expires May 19, z 1 WITNESS my hand and of 'al seal. Place Notary Seal Above Signature Ch J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Allomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, the 18th day of February , 2009 . By. Albert Hillebrand, Assistant eaetary _ ID- 1380Met)(Rev,07i07) J IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANCE Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de com- panias, coberturas, derechos o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de 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 PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un + claim you should contact the Surety first. If the reclamo, debe comunicarse con el Surety primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. 4[� IMCQjICO qJD Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California .. 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ID-1404 (TX) (4/01) W. THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the day of F�7- ^ 7 ?n0l A.D., 2009 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 I Vh 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, Erosion & Retainine Wall St. uctures, Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Lower Krauss -Baker Chaanel 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 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 40 working days. Now 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, phis any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost .. to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof; said excess cost- 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused in whole or in part, by the neg&gene or alleged negligence of Owner, ift affl-ers, semi-emb, or employee& 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 Hart by the negligence or alleged neg&gene 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 C atract, 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 act" 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 Four Hundred Sixty-five Thousand Seven Hundred Ninety-six and no/100......................... »».»»»»»»--- ».»»»....». »..»».......»»»»».»»»....».».Dollars, (S465 %.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 agreements made and entered 'into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of FEB 17 2009 , A.D., 2009. .w APPROVAL RECOMMENDED: WILLIAM A. VE ST, P.E. DIRECTOR, DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS ATTEST: Erosion & Retaining Wall Structures, Inc. PO Box 336 no Lewisvile, TX 75067 CONTRACTOR TITLE Lewsutp� ADDRESS we November 1960 .. Revised May 1986 Revised September 1992 CITY OF FORT WORTH FERNANDO COSTA, ASST C= MANAGER n^ CITY SECRETARY (SEAL) ,I SME Contract Authorization Date APPROVED AS TO FORM AND LEGALITY: OFFICIAL o(ECORD CITY SECRETARY FT. WORTH, TIC City of Fort Worth, Texas Mayor and Council Communication CQUNCILACTIOWApproved on 2117/2069 DATE: Tuesday, February 17, 2009 REFERENCE NO.: C-23354 LOG NAME: 20LOWERKRAUSS SUBJECT: Authorize a Contract with Erosion and Retaining Wall Structures, Inc., in the Amount of $465,796.00 for the Lower Krauss -Baker Channel Improvements RECOMMENDATION: It is recommended that the City Council authorize the City ""onager to execute a contract in the amount of $465,796.00 with Erosion and Retaining Wall Structures, Inc., for construction of the Lower Krauss -Baker channel improvements. DISCUSSION: The Storm Water Management Program was established to reduce flooding in the City of Fort Worth, preserve streams, minimize water pollution, and to operate the storm water system in a more effective manner to fully comply with State and Federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review and increased public education and outreach. On October 16, 2007, the City Council approved the issuance and sale of bonds which will be used to fund capital improvements in the storm water utility system scheduled over the next two years. On August 21, 2007, (M&C C-22322) the City Council authorized the City Manager to execute an Engineering Agreement (Agreement) with DeOtte, Inc., for the design of the Lower Krauss -Baker channel improvements. This design resulted in the recommendation for the construction of the following drainage improvements: grading and drainage improvements consisting of unclassified excavation, gabion mattress, maintenance access ramps, concrete rip -rap and retaining wall construction. The project was advertised for bid on October 16 and October 23, 2008, in the Fort Worth Star - Telegram. On November 6, 2008, the following bids were received: Bidders Amount Time Of Completion Erosion and Retaining Wall Structures, Inc. $465,796.00 48 Working Days Ark Contracting Services, LLC $550,860.00 Craig Olden, Inc. $648,500.00 Based on price, experience, and reputation Erosion and Retaining Wall Structures, Inc., was determined to offer the best value. Costs for the implementation of this project will be funded by the Storm Water Capital Projects 2007 Revenue Bond Fund. Funding in the amount of $37,400.00 is included for associated storm drain survey, project management, Logname: 20LOWERKRAUSS Page 1 of 2 pre -construction, materials testing, inspection and project closeout. The contingency fund for possible change orders for storm drain construction and paving is $23,290.00. Erosion and Retaining Wall Structures, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation. The City's goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 6, Mapsco 90W. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P229 541200 206280063383 Fernando Costa (8476) William A. Verkest (7801) Michael Owen (8079) $465,796.00 Logname: 20LOWERKRAUSS Page 2 of 2