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HomeMy WebLinkAboutContract 39262qw TMS COPY FOR: CCU mcmR Imo SPECIFICATIONS AND CONTRACT DOCUMENTS 2007 CRITICAL CAPITAL PROJECT FOR CONTRACTORS I M -01 qI. _ CITY SECRETARY CITY ""GE" OFFICE I MMIEEMO CM. TIPW - FLE CC" TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS ALTA VISTA RD (FROM KELLER HASLET RD TO ALLIANCE GATEWAY FWY S.H. 170) CONFIDENCE DR (FROM 460 FT. EAST OF ALTA VISTA RD TO NEWBURG WAY) PARTIAL REPLACEMENT OF PREMATURE FAILED STREET ALTA VISTA RD (FROM CONFIDENCE DR TO KELLER HASLET RD) IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO.01298 CON RACT NITY O ��to�C14 TPW PROJECT NO. C295-541200-202240129883 r 2009 r MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT r _ GEORGE A. BEHMANESH, P.E., ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT r PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTNM-C, INFRASTRUCTURE GROUP C1F.Ta.;t��� i T Q��lCIAL RECQRD r °� I; . 0 .RAE_t!AH... � 88823 : r :ITY SECRETARY - _- 'R';1111ORTH, TX '� � 1•• A` r M&C Review Page 1 of 2 .. Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FoR COUNCIL ACTION: Approved on 7/14/2009 REFERENCE 20CRITICAL CAPITAL PROJ DATE: 7/14/2009 NO.: C-23652 LOG NAME: 2007/PREMATURE FAILED STREETS CODE: C TYPE: NOW PUBLICCONSENT HEARING: NO " SUBJECT: Authorize a Contract with McClendon Construction Company, Inc., in the Amount of $549,977.50 for 2007 Critical Capital Project for Total Reconstruction of Premature Failed Streets at Two Locations on Alta Vista Road and One on Confidence Drive RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $549,977.50 for 80 working days for 2007 Critical Capital Project for total reconstruction of premature failed streets at three locations, two of which are located on Alta Vista Road and one on Confidence Drive. DISCUSSION: On January 9, 2007, (M&C G-15571) the City Council authorized the sale of $42,325,000.00 in Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included funds for the premature failed streets. This project provides for total reconstruction of premature failed streets at Alta Vista Road (from Keller Haslet Road to Alliance Gateway, State Highway 170) and Confidence Drive (from 460 feet east of Alta Vista Road to Newburg Way) and also partial replacement of premature failed street at Alta Vista Road (from Confidence Drive to Keller Haslet Road). The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid in the Fort Worth Star -Telegram on February 26, 2009, and March 5, 2009. On March 26, 2009, the following bids were received: Bidders Amount McClendon Construction Company, Inc. $549,977.50 McMahon Contracting, L.P. $553,290.00 Stabile and Winn, Inc. $587,649.00 Advanced Paving Company $626,141.00 MACVal Associated, LLC $716,060.00 Dirtco, d/b/a Styles Contracting $727,560.00 JLB Contracting, LLC $738,054.00 Silvercreek $765,725.00 Jackson Construction Ltd. $773,900.00 Conatser Construction TX, L.P. $794,700.00 McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17 percent M/WBE participation. The City's goal on this project is 15 percent. http://apps.cfwnet.org/council_packet/mc—review.asp?ID=1 1696&councildate=7/14/2009 7/20/2009 W go d" go M&C Review Page 2 of 2 These projects are located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 541200 202240129883 $549.977.50 Submitted for City Manaaer's Office by: Fernando Costa (6122) Oriainatina Department Head: William Verkest (8255) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS 20CRITICAL CAPITAL PROJ 2007 PREMATURE FAILED STREETS MWBE .pdf MAP Critical Capital Proj 01298)ddf http://apps.cfwnet.org/council.packet/mc—review.asp?ID=I 1696&councildate=7/14/2009 7/20/2009 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM No. 2 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2007 CRITICAL CAPITAL PROJECT TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS - ALTA VISTA RD (FROM KELLER HASLET RD TO ALLIANCE GATEWAY FWY S.H. 170) CONFIDENCE DR (FROM 460 FT. EAST OF ALTA VISTA RD TO NEWBURG WAY) PARTIAL REPLACEMENT OF PREMATURE FAILED STREET ALTA VISTA RD (FROM CONFIDENCE DR TO KELLER HASLET RD) CITY PROJECT NO. 01298 TPW PROJECT NO. C295-541200-202240129883 The contract and documents for the subject project are hereby revised or amended to clarify the following: For all driveways that are NOT marked for removal and replacement, Contractor shall remove portion the existing driveway approach (from the gutter line to approximately 1-Foot behind the curb line) to allow room for the paving machine. Joint shall be replaced at the new and existing pavement. The removal of the portion of driveway approach will be paid under PAY ITEM No. 3 Remove Existing 6-inch Reinforced Concrete Pavement, and the replacement will be paid under PAY ITEM No. 10 — 7-inch Reinforced Concrete Pavement, and PAY ITEM No. 11 — 7-inch Integral Concrete Curb: Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Failure to return a signed copy of this proposal shall be grounds of rendering the bid non -responsive. j RECE T CKNOWL,�EDGES: Najib Fares, P.E., Infras cture Manager, TPW By: Riad I. Nusrallah, P.E., Str"eet grogram Manager we CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS ALTA VISTA RD (From Keller -Haslet Rd. to Alliance Gateway Fwy., S.H. 170) CONFIDENCE DR (From 460 Ft. East of Alta Vista Rd. to Newburg Way) PARTIAL REPLACEMENT OF PREMAUTRE FAILED STREET ALTA VISTA RD (From Confidence Dr. to Keller -Haslet Rd.) PROJECT: C295-541200-202240129883 Addendum No. 1 Issued: March 17`", 2008 Prospective Bidders are hereby notified of the following revisions: go 1. Special Provisions No. 29 `Green Cement Policy' page SP-12. Disregard all references to `Green Cement' in these specifications and contract documents. 2. See revised Proposal page P-5 attached to this addendum for changes to Pay Item No. 29, new Pay Item No. 31, and new Pay Item No. 32 3. Special Provisions: See revised sheet SP-35 and new sheet SP-36 attached to this addendum. No Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Failure to return a signed copy of this addendum shall be grounds of rendering the bid non -responsive. an WC so so Tit w Najib Fares, P.E., Infrastructure Manager By: iad usrallah, Project pager s ■ Sod material must be kept moist from the time it is dug until planted. Sod Installation Specifications: ■ The area to be sodded shall be determined by the City. ■ The sodded area shall be smoothed down. ■ The sodded area shall be thoroughly watered immediately after it is planted. .. The unit price bid per square yard will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. no PAY ITEM NO.30 ~ Painting Curb House Addresses: This item shall include painting of house addresses on curb or driveway radiuses that are removed and replaced in this contract ■ All materials shall be of recent product, and suitable for its intended purpose. • Surface preparation and application shall be in strict compliance with manufacturer's recommendations. ■ The paint shall NOT be applied; if the new concrete curb has aged less than a minimum of 28 days, and if weather condition may harm or damage the finish surface. • The background paint shall be equal to or exceed 45160 White Latex Striping paint manufactured by Kwal Paint or approved equal. • The letters paint shall be equal to or exceed #6306 Black Latex Exterior paint manufactured by Kwal Paint or approved equal. ■ The minimum size for the background shall be 6" high x 16" long, and the minimum size for the letters shall be 4" high. The unit price bid per each will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. SP-35 PAY ITEM NO.31 — Borrow -Unclassified Fill for Trench Repair: 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 r` 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 I E-05 cm/sec, as determined by — laboratory testing of remolded specimens of the actual materials proposed for the non -expansive earth fill. Measurement is in cubic yards and payment shall be for all labor, equipment used and the installation of material. PAY ITEM NO.32 — Traffic Control: Refer to Special Provision No. 10 "Traffic Control" on pages SP-4 & SP-5, and Special Provision No. 14 "Detours and Barricades" on page SP-7 for the temporary street closure to reconstruct Alta Vista Rd. Include two (2) electronic message boards (both signs installed for two weeks) in the traffic control plan. The lump sum pay item for traffic control shall cover installation and maintenance of the traffic control plan. No END OF SECTION no low SP-3b no y Wd 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Prevailing Wage Rates Proposal Vendor Compliance Special Provisions Item 360, Concrete Pavement (Modified Specification) Contractor Compliance with Worker's Compensation Law Certificate of Insurance Equipment Schedule Experience Record Performance Bond Payment Bond Maintenance Bond Contract Green Cement Policy Compliance Statement Notice of Construction Flyer Project Designation Sign Detail Other Detail SPECIFICATIONS AND CONTRACT DOCUMENTS 2007 CRITICAL CAPITAL PROJECT FOR TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS ALTA VISTA RD (FROM KELLER HASLET RD TO ALLIANCE GATEWAY FWY S.H. 170) CONFIDENCE DR (FROM 460 FT. EAST OF ALTA VISTA RD TO NEWBURG WAY) PARTIAL REPLACEMENT OF PREMATURE FAILED STREET ALTA VISTA RD (FROM CONFIDENCE DR TO KELLER HASLET RD) IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO.01298 TPW PROJECT NO. C295-541200-202240129883 NAJIB ARES ,P.E. DATE INFRASTRUCTURE MANAGER TRANSPORTATION AND PUBLIC WORKS DEPARTMENT *AV- ID TOWNSEND, P.E. DATE ENGINEERING MANAGER WATER DEPARTMENT 40 km w Sealed Proposals for the following: 2007 CRITICAL CAPITAL PROJECT: TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS: ALTA VISTA RD (from Keller Haslet RD to Alliance Gateway FWY S.H. 170) CONFIDENCE DR (from 460 FT. east of Alta Vista Rd to Newburg Way) PARTIAL REPLACEMENT OF PREMATURE FAILED STREET: ALTA VISTA RD (from Confidence Dr to Keller Haslet Rd) IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01298 TPW PROJECT NO. C295-541200-202240129883 .. Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, March 26, 2009, and then publicly read aloud at 2:00 P.M., in the Council Chambers. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured _ from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of Oxides of Nitrogen (NOx) emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non -responsive. Specifications and Contract Documents for this project may be purchased for thirty dollars ($30) per set at the office of the Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre -bid conference will be held at 11:00 A.M. Thursday, March 12, 2009, in the Transportation and Public Works Conference Room, 2nd Floor, Municipal Building, RM 270. The major work on the above -referenced project shall consist of the following paving Improvements: 5,000 S.Y. 8" Concrete Pavement so 1,400 S.Y. 7" Concrete Pavement no .. 1,500 S.Y. 6" Concrete Restoration 6,500 S.Y. 6" Lime Stabilized Subgrade 150 TON Lime Stabilized Subgrade (36lbs/sy) 1,400 S.Y. 6" HMAC Type "B" Base 1,400 S.Y 2" HMAC Type "D" Pavement Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. For additional information, please contact Riad Nusrallah, Street Program Manager at (817) 392-2729. DALE A. FISSELER, P.E. CITY MANAGER Advertising Dates: February 26, 2009 March 5, 2009 r WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: Riad Nusrallah, P.E. Street Program Manager r SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business ., in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess ., of $I00,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. •� 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. .. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the MW Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392- .. , 2729. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. .. SPECIAL INSTRUCTIONS TO BIDDERS %or - 1 - w 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. .. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to .o furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the .. Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be .o made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. "" D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. .. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements No of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained •" reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority aw 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 No adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on No any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to SPECIAL INSTRUCTIONS TO BIDDERS �r -2- w the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. .. 8 WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: Compliance with and Enforcement of Prevailing Wage Laws r A. Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas r 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 4W 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. r On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 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 SPECIAL INSTRUCTIONS TO BIDDERS WV 3 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 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. 1E. Records to be Maintained. r 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. r. 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. %W .. 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. ow The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. `0 I. (Wage rates are attached following the end this section.) 9. FINANCIAL STATEMENT: A current certified financial statement may be required by r. the Director of Transportation and Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be SPECIAL INSTRUCTIONS TO BIDDERS vn -4- .. prepared by an independent Public Accountant holding a valid permit issued by an 10 appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor .o must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance •• ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non - owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REOUIREMENTS: 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 VW administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self -funded retention limits, on each policy must not exceed 1W $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of SPECIAL INSTRUCTIONS TO BIDDERS 00 - 5 - 4" recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's *o officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. .. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. IM 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- `W resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- e resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in .. this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal 1, funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in IM order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. .. SPECIAL INSTRUCTIONS TO BIDDERS �► -6- The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. in. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non -responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre -construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed r agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide ,.w a brief explanation. • The Contractor shall provide the M/WBE Office proof of navment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier C. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. SPECIAL INSTRUCTIONS TO BIDDERS ... - 7 - V. • If the Contractor foresees a problem with submitting participation reports and/or .. proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere 4W to the following: 1. Immediately submit a Reauest for Anaroval of Chance Form to the M/WBE "` Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how "' and why in documentation. a. All requests for changes must be reviewed and pre -approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the .. M/WBE Office with a Final Participation Retort Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof ,. or to reject the proposal. 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. SPECIAL INSTRUCTIONS TO BIDDERS VV -8- ""ram 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 i„ 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. W.. 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 f 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. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1-hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or M 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. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: SPECIAL INSTRUCTIONS TO BIDDERS ... - 9 - A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage .. agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. .. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and .. accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. .. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity .. showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and .. provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. SPECIAL INSTRUCTIONS TO BIDDERS - 10- W E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or ., personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons 4 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: am (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; op (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: "' (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and .. (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, _ within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -Il- (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. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 M' point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. .. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer 4 has provided the required coverage, or to report an employer's failure to provide coverage." #A„ 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in U, connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate ,. SPECIAL INSTRUCTIONS TO BIDDERS .f - 12 - W against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees ., acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 18. .. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -13- un ft- am HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 i Asphalt Distributor Operator $13.99 j Asphalt Paving Machine Operator $12.78 j Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 her j Batching Plant Wei her $14.15 Broom or Sweeper $ 9.88 j Bulldozer Operator $13.22 j Carpenter $12.80 j 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 Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $14.12 j Electrician j $18.12 Fla er 1 $ 8.43 Form Builder/Setter, Structures $11,63 ( Form Setter, Paving & Curb $11.83 j { Foundation Drill Operator, Crawler Mounted $13.67 j Foundation Drill O erator, Truck Mounted $16.30 j Front End Loader Operator j $12.62 j j Laborer, Common $ 9.18 j j Laborer, Utility $10.65 j j Mechanic $16.97 j Milling Machine Operator, Fine Grade $11.83 j j Mixer Operator $11.58 j j Motor Grader Operator, Fine Grade $15.20 1 Motor Grader Operator, Rough $14.50 j Oiler $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pipelayer $11.04 Reinforcing Steel Setter, Paving $14.86 j Reinforcing Steel Setter, Structure $I6.29 j Roller Operator, Pneumatic, Self -Propelled $11.07 Roller Operator, Steel Wheel, Flat Wheel/Tamping $10.92 , Roller Operator, Steel Wheel, Plant Mix Pavement $11.28 , j Scraper Operator $11.42 Servicer $12.32 j 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 j Truck Driver, Lowboy -Float $14.93 Truck Driver, Single Axle, Heavy j $11.47 Truck Driver, Single Axle, Light $10.91 I j Truck Driver, Tandem Axle, Semi -Trailer $11.75 j Truck Driver, Transit -Mix 1 $12.08 j Wagon Drill, Boring Machine, Post Hole Driller Operator 1 $14.00 j Welder 1 $13.57 { Work Zone Barricade Servicer 1 $10.09 j PROPOSAL TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH, TEXAS 76102 FOR: 2007 CRITICAL CAPITAL PROJECT A. TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS: 1. ALTA VISTA RD (from Keller Haslet RD to Alliance Gateway FWY S.H. 170) 2. CONFIDENCE DR (from 460 FT. east of Alta Vista Rd to Newburg Way) em B. PARTIAL REPLACEMENT OF PREMATURE FAILED STREET: 1. ALTA VISTA RD (from Confidence Dr to Keller Haslet Rd) CITY PROJECT NO. 01298 TPW PROJECT NO. C295-541200-202240129883 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Transportation �. and Public Works Department of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding upon and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. v Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for .w performing and completing the said work within the time stated and for the following sums, to -wit: P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project Designation Sign@ Two Hundred Dollars & No Cents Per Ea. $ 200.00 $ 400.00 S.P. 2 LUMPSUM Utility Adjustment @ Six Thousand Dollars & No Cents Per LS. $ 6.000.00 $ 6,000.00 _ S.P. 3 7,000 S.Y. Remove Existing 6-inch Reinforced 104 Concrete Pavement @ i Dollars & Cents Per S.Y. $ [ _ S.P. 4 1,400 S.Y. Remove Existing 6-inch HMAC �. 106 Pavement @ Dollars & Cents Per S.Y. $ i $ 6 30 6 1 wn 210 5 7,750 S.Y. 6-inch Lime Stabilized Subgrade 212 I � ✓�-C- rn Dollars & Per S.Y. 36 Z 7/ �Z Q"1 Cents $ $ 210 6 150 TON Lime for Subgrade Stabilization 212 (36 lbs/S.Y.) r / D U� Gr u U c� v� ou� & f,to Cents Per TON $ c 1 3 0 — $ _ S� S.P. 7 1,400 S.Y. 6-inch HMAC Base Course Type 312 "B" L / u, L , Q U`P Dollars & V� Cents Per S.Y. $ $ S.P. 8 1,400 S.Y. 2-inch HMAC Surface Course Type "D" 312 Mixes L �/! 7 CC_. Dollars & c Cents Per S.Y. $ �� $ P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within ei 80 Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within Ten (10) Calendar Days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached check in the sum of VVc- �4 c� fiVto c,�T �✓�� Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for anv of the locations. If the contractor fails to begin the work within ten 0 0) calendar days. a $200 dollars liquidated damage will be assessed ner Block ner day. ..r I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Res pectfull}� Cmit;tL r Addendum No. 1 (Initials) C J (Q fit Addendum No. 2 (Initials)��, Company ame Addendum No. 3 (Initials) _ By: Signature (Seal) � et V1 Aj� 0-r(o_ fir 1,0-, Printed Name of�Princi al n n /_ _ Address: ►-' 9dk 7� IC}Cc �lll.(�l�l, �J� 7(p �cf / E-mail Address: G{4na7 ad cciPu jxrtAc ick . cow. Date: 3 (2- 6. Telephone: 2 00 MW P-6 MP VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. 17, Bidder: McClendon Construction Ca, Inc. P.O. Box 999 Burleson, TX 76097 Company Address City State Zip LQI/\Vcc�kkk_� By: (Please print) rcr�lzr���7 Signature PA-e S l �p , {--- Title (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION MIWBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works Official Date: l 21 0 Official Time: I Q : 516 Bid Date: Project Name: Project Manager: Forms Submitted By Name: Company: Received By; l�a,< J970 %&ct/ox�, !�l'Ic Ch&wx 69Ko/ Co SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL _ ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 9 5,400 S.Y. 8-inch Reinforced Concrete 314 306 Pavement f Alta Vista Rd@ 76 ,/ � -4t ,Dollars $ �2 _ $ f 7 & ttZ Cents Per S.Y. S.P. 10 1,000 S.Y. 7-inch Reinforced Concrete 4 314 306 P-a7veement for Confidence Dr @ ,1 Dollars $ ` $� & jw Cents Per S.Y. S.P. 11 3, 500 L.F. 7-inch Integral Concrete Curb @ 502 j- 6 (.4,- Dollars vo & 144 Cents Per L.F. $ S.P. 12 1,500 S.Y. Remove and Replace Failed 8-inch 104 Reinforced Concrete Panels @ 314 360 Dollars & Cents S.Y. $ -� 5, _ $ 7Z/ 7S6 per % S.P. 13 2,000 L.F. Remove and Replace 7-inch 104 Concrete Curb @ 502 j — Dollars & Cents L.F. do $ �'� $ — per S.P. 14 4 EA. Remove and Replace 10-ft 104 450 Storm Dra' Inle Top (, }b41 '%l aazss �L - & � EA. / / $ 2 `7 �� �lO uV Cents per $ S.P. 15 1,600 S.F. Remove and Replace 6-inch 104 Concrete Driveway @ _ 504 � / ,X Dollars Q e, & 74a Cents per S.F. $ $ S.P. 16 2,500 S.F. Remove and Replace 4-inch 104 Concrete- Sidewalk @ 504 !—O U ✓' Dollars d O Z J ed v ' / & i,?,c Cents per S.F. $ $ 7 P-3 ow SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 17 300 S.F. Remove and Replace 4-inch Concrete 104 ADA Wheelchair Ramp with Dome- 504 Tiles @ '� Dollars $ (O $ & 1,&_ Cents per S.F. *R S.P. 18 100 S.F. New 4-inch ADA Concrete Wheelchair 504 Ramp with Dome -Tiles @ Dollars Cents per S.F. $ SU _ $ S.P. 19 8,000 L.F. Silicon Joint Sealant for Concrete 314 Pavement CD Dollars & Cents Per L.F. 9 S.P. 20 1,500 S.Y. Flex Base 208 r—t il-� Dollars & 1.,A-0 Cents Per S.Y. now S.P. 21 500 C.Y Unclassified Sf t Excavation @ 106 j (( Dollars $ / Z $ Q b & LLr}__Cents Per C.Y. S.P. 22 500 C.Y. Concrete for Replaced Panels 312 Sub Base as Needed @ 360 Air, Dollars & L^_ Cents Per C.Y. $ _ $ �� S.P. 23 3,000 L.F. 6-Inch Perforated Sub Drain Pipe @ 500 /9 Dollars &A Cents Per L.F. S.P 24 400 C.Y. nc Utility TreRepair @ F� 116 (,,, Dollars & Cents Per C.Y. $ ! J $ P-4 E i SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P 116 25 100 C.Y. Top Soil @/ - Dollars . /X � Q In do & /A.Q_Cents Per C.Y. S.P. 26 2 Ea. Manhole — ustment @ 450 d% rwd=�Dollars & L4d Cents Per Ea. S.P. 27 2 Ea. Water Valve Adjustment @ 450 E, Dollars $ Gam, LS.� $ �� & J,__Cents Per Ea. .s S.P. 28 2 Ea. Water Meter Adj ent @ _ 450 f�� L4 Dollars Z � // //x `7�1 & /,.,, Cents Per Ea. $ $ S.P. 29 600 S.Y. Grass Sod Replacement @ y/ iLe2 Dollars 3 & & J.t_b Cents Per S.Y. $ S.P. 30 5 Ea. Painting Curb House ddresses @ w--e V" Dollars & //9-0 Gents Per Ea. SY 31 50 C.Y. Borrow — Unclassified Fill for Trench Repair @ —, 2- —7' 2, Dollars $ $ & Cents Per C.Y. S.P. 32 LUMPSUM Traffic Control @ 4064/l-i slxvt ��oLdQtiollars & /,,4,o Cents Per LS. TOTAL BID M P-5 AN` McCLENDON CONSTRUCTION CO., INC. •. P.O. Box 999 • Burleson, Texas 76097 • (817) 295-0066 • Fax (817) 295-6796 • dan@mcclendonconstruction.com March 27, 2009 M/WBE Office City of Fort Worth 1000 Throckmorton St Fort Worth, TX 76102 Greetings: Enclosed in this folder you will find our M/WBE documentation for the listed project, which bid yesterday, March 26, 2009. we You will note that this project lists M/WBE participation that is above the goal that was set for this project. You will also note that we have included documentation of Good .. Faith Effort, which we are aware is not necessary if the goal is met. We have been highly concerned that our efforts to comply with the M/WBE Ordinance may be lacking in accuracy or completeness, especially in light of a recent finding of non-compliance on another project. It is vital to our company that we always meet the standard of Good Faith Effort on all projects we bid to the City of Fort Worth, because we can never be certain prior to bidding whether we will be able to meet a goal on any given project until the final bid is assembled and all participation is verified. Therefore, we respectfully request that, even though it is not necessary for us to meet Good Faith Effort on this project submittal, your office could please take the time to verify our Good Faith Effort submittal so that we can be assured that future projects will be in line with the necessary requirements. ON We realize we are asking for valuable time from your staff, but we do intend to work with and satisfy the M/WBE Office in all requirements that pertain to our City contracts. Your evaluation of this submittal will help us to continue our efforts to do so. Respectfully, PanM�cClendon President ON ATTACHMENT 1A no Page 1 of 4 FO R' f WO R'1' H City of Fort Worth No Subcontractors/Suvoliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime McClendon Construction Co, Inc PROJECT NAME: i I—MNV/DBE I I X NON-M/W/DBE BID DATE 2007 CCP: Alta Vista Rd/Confidence Dr March 26, 2009 City's MIWBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 15 % 17.4 % City Proj No 01298 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 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. ATTACHMENT1A � FORTWORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/ BEs. Please list M/ BE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address M yy C X M Subcontracting Work Supplies Purchased Dollar Amount T D w Telephone/Fax r B B R O B E E C T E A Klutz Construction PO Box 100263 Drainage Ft Worth TX 76185 1 x K Construction 817/921-0990 Fax 817/921-0990 Rubio Trucking 9000 Co Rd 513 Hauloff Alvarado, TX 76009 1 x x Trucking 817/829-3711 No Fax Green Scaping 8917 Cardinal Lane Sodding N Richland Hills, TX 76180 1 x x x 817/577-9299 817/577-9331 Cowtown Traffic Control 2724 Bryan Ave Ft Worth, TX 76104 1 x x 817/924-4524 817-926-2725 H J G Trucking, Inc 701 Denair St Ft Worth, TX 76111 1 x x 817/834-7181 Ricochet Fuel Distributors 1201 Royal Pkwy Euless, TX 76040 1 x x 817/268-5910 ,.. Fax 817/282-7497 $9,200.00 $21,468.00 $1,800.00 Project $400.00 Signs Topsoil $14,212.50 Sand/Stone Borrow Material Fuel $5,400.00 i no FORT WORTH ATTACHMENT IA Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MM/BEs. Please list M/ BE firms first, use additional sheets if necessary. Certification N 0 SUBCONTRACTOR/SUPPLIER (check one) T T Detail Detail Company Name Address i N M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax T D r B B R O W B E E C T E A Magnum Transportation Rock, Sand and 2332 Gravel Drive Hauling (2nd tier thr i $42,773.00 Fort Worth, TX 76118 2 x x Southern Star 817/284-1000 Concrete) Fax 817/704-4563 Go Murillo Modular Group 1400 Bradley Lane Carrollton, TX 75007 972/245-6220 972/245-6422 1 x x Portable Toilets $650.00 W i ATTACHMENT IA F(1hI W l'l Ili Ir- Page 3of4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/ BEs. Please list MI BE firms first, use additional sheets if necessary. Certification N (check one) n SUBCONTRACTOR/SUPPLIER T N T Detail Detail Company Name Address ; M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax T D r B B R O yy B E E C T E. A Concrete Penetrating Co PO Box 35766 Silicone $7,600.00 Dallas, TX 75235 1 x Joint Seal 214/634-2990 Fax 214/634-0999 Southern Star Concrete 8505 Freeport Pkwy Ready -Mix $164,241.00 Irving, TX 75063 1 x Concrete 972/621-0999 Bamsco, Inc 2609 Willowbrook Rebar Supplier $12,930.00 Dallas, TX 75220 1 x 214/352-9091 Fax 214/379-0341 Reynolds Asphalt PO Box 370 Hot Mix Asphalt $34,020.00 Euless, TX 76040 2 x 817/267-3131 817/267-1878 Beall Lime Co 1100 West Parkway Hydrated Lime $18,900.00 Euless, TX 76040 1 x Slurry 817/835-4000 ATTACHMENT IA FORT FORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ $95,903.50 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ $237,691.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $333,594.50 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. o'kaQUO Au o ' e Signature President Title McClendon Construction Co, Inc Company Name PO Box 999 Address Burleson, TX 76097 City/State/Zip Dan McClendon Printed Signature Contact Namerritle (if different) 817/295-0066 Telephone and/or Fax dan@mcciendonconstruction.com E-mail Address March 27, 2009 Date SPECIAL PROVISIONS FOR: 2007 CRITICAL CAPITAL PROJECT: TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS: ALTA VISTA RD (FROM KELLER HASLET RD TO ALLIANCE GATEWAY FWY S.H. 170) CONFIDENCE DR (FROM 460 FT. EAST OF ALTA VISTA RD TO NEWBURG WAY) PARTIAL REPLACEMENT OF PREMATURE FAILED STREET: ALTA VISTA RD (FROM CONFIDENCE DR TO KELLER HASLET RD) CITY PROJECT NO. 01298 TPW PROJECT NO. C295-541200-202240129883 1. SCOPE OF WORK: The work covered by these specifications, includes the reconstruction of 8-inch Reinforced Concrete Pavement for Alta Vista Rd, and 7-inch Reinforced Concrete Pavement for Confidence Dr on 6-inch Lime Subgrade as shown in the plans, and as directed by the Construction Engineer: The work also consists of removal and replacement of failed concrete panels and failed joint material _ and replacing with new joint material and new silicone joint sealant as directed by the Construction Engineer; also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor shall mobilize within ten (10) working days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) working days, a $200 dollars liquidated damage will be assessed per block per day. .. 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. The contractor shall verify these locations with the Construction Engineer. SP-1 At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding upon and awarding the contract. 1. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. 2. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3. CONTRACT TIME: The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. The contract time will be counted from the date set at the pre -construction conference and will continue until a time the inspector determines the project is ready for a final inspection. At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the final inspection will be cancelled and time will continue to be counted. A five working day period is required for the rescheduling of a final inspection. SP-2 The Contractor also agrees to complete the final punch list within ten (10) working days after receiving it. If the Contractor fails to complete the work within ten (10) working days, the countiniz of the number of days to complete the Contract will resume and liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. 4. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is x responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail; return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed .. within the contract time. TM B. The Construction Engineer and the Director of the Transportation and Public Works Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that may, in the City's sole discretion, is required to be provided to interested individuals will distributed by the Construction Engineer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Construction Engineer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 5. RIGHT TO ABANDON: SP-3 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. 7. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: City of Fort Worth - STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION; City of Fort Worth / Transportation & Public Works Department - PAVEMENT DESIGN STANDARD MANUAL; and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No. 14 for further requirements. 10. TRAFFIC CONTROL: SP-4 The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701 d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control elan shall be submitted for review to Mr. Charles R. Burkett. Citv Traffic Engineer (a,817-392-8712 at least 10 working days prior to the nreconstruction conference. Although work will not begin until the traffic control Danel has been reviewed. the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 817-392-7738), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets (primarily arterials) during "peak traffic periods (7 A.M. to 9 A.M. and to 4 P.M. to 6 P.M.)"; or, as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See "Street By Street Quantity Determination Spread Sheet", in the back of this document, for designated locations. The contractor will be responsible for coordination, of proposed construction activities, with public or private school administration. The proposed construction activities shall accommodate school operating schedules, including school bus/parent drop off and pick up periods. The contractor shall provide proper •� traffic and pedestrian control to ensure safety at all times. Construction areas shall be properly barricaded/fenced to prevent public entry. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: SP-5 ,. Prior to beginning construction on any street in this contract, the contractor shall, prepare and deliver a RW notice/flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice/flyer shall be posted three (3) working days prior to beginning construction activity along each street. The flyer shall be prepared on the Contractor's letterhead and shall include the following: o Project name/Contract name o Project number o Expected dates of construction o Contractors and project inspector's contact information A sample notice/flyer is included in the contract documents. The Electronic version of the notice/flyer WO can be obtained from the Office of the Transportation and Public Works Department (817) 392-2729 It will be the contractor's responsibility to create and distribute a follow-uD notice/flyer informing _ residents if for any reason work should stop on a project for more than five (5) working days after construction begins. The flyer should also include the anticipated date of when the work will begin again. It will be the contractor's responsibility to re -distribute a three (3) working day notification/flyer prior to beginning the construction activity. In addition, all copies of the notice/flyer shall be delivered to the City inspector for his review prior to distribution. The contractor will not be allowed to begin construction on any street until the flyer is -• delivered to all residents of the street. ow All work involved with the notice/flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: Payment will be made to the contractor twice a month for work completed during the pay periods ending on the 15"' ,and the 30`h day of each month. Checks (less 5% retainage) will be sent to the contractor within the two (2) week window following each payment period. Payment of the retainage will be made with the final payment upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 13. DELAYS: SP-6 The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1 ". 15. DISPOSAL OF SPOIL/FILL MATERIAL: _ Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of Transportation and Public Works Department, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal .. sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator SP-7 .. approving the disposal site, upon notification by the Director of the Transportation and Public Works Department, 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. No temporary storage of material, rubble, equipment or vehicles within parkway is allowed. Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 16. ZONING REOUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of dop the City of Fort Worth in the use of vacant property for storage purposes. 17. PROPERTY ACCESS: IM Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. "" 18. CONSTRUCTION SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. .w This schedule shall detail all phases of construction, special coordination with schools (see Item No. 10 Traffic Control for details), including project clean up, and allow the contractor to complete the work Mo in the allotted time. Contractor will not move on to the job site 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. Contract start date would be outlined in the pre- construction work order notice. Proiect schedule will be updated and resubmitted at the end of every estimatinLy period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. •. 19. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: SP-8 "WARNING --UNLAWFUL, TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TXU Electric Delivery) 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 TXU Electric Delivery and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TXU Electric Delivery for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 20. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent - books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give the Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers _ and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. SP-9 21. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior R 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. 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 SP-10 .w provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor, at his own expense. 24. 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. wo 25. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained written permission from the property Owner. A copy of the written permit shall be provided to the assigned inspector prior to utilization of the property. 26. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. 27. 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". 9M 28. CONSTRUCTION: The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub -contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and. use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the •R pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.). SP-11 29. GREEN CEMENT POLICY: As mandated by Fort Worth City Council Resolution 3536, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. In cases where cement meeting the above requirement is .. not available, and where cement from a non -compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two North Texas cement manufacturers of `Green Cement' stating that no stock of `green' cement 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. This policy shall also apply to all cement products including concrete, cement coated pipes and concrete pipes. The contractor shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is attached at the end of the Special Conditions. Failure to comply with the `Green' Cement policy shall be grounds for rejecting the bid as non -responsive. 30. OUALITY 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 asphalt 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 in situ 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. W (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. SP-12 NON -PAY ITEM No. 1 — 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. NON -PAY ITEM NO. 2 — PROTECTION OF TREES, PLANTS, SOIL, ETC.: All property along and adjacent to the Contractor's operations including lawns, yards, irrigation systems, 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 J` (817) 871-5738. All tree work shall be in compliance with pruning standards for Class H 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. NON -PAY ITEM NO.3 — PROJECT CLEAN-UP: During the construction of this project, all parkways that are excavated shall be shaped, including bar ditches, and backfilled at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris •� • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of the roadway and residents' property SP-13 If it has been determined that the jobsite has not been kept in an orderly condition, the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. ... The Contractor shall make a final cleanup of each street as soon as the paving and curb and gutter has been constructed. No more than Seven (7) working days shall elapse after completion of construction before the roadway and right-of-way is cleaned and restored. Failure to do so will be cause to stop the contractor from starting work on other streets. Project time will not be suspended and a $200 charge per day will be made as liquidation damages. The Contractor shall make a final cleanup of all parts streets before acceptance of the project is made. 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. NON -PAY ITEM NO.4 — STORM DRAIN INLET PROTECTION: All storm drain inlets shall be protected during the construction, and shall use inlet protection for sediment control, in accordance with the Standard Specifications for Public Works Construction -North Central Texas. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON -PAY ITEM NO.5 — AGREEMENT OF OUANTITIES The streets will be measured and all quantities per street will be documented, a copy of the measured quantities will be provided to the contractor. If the Contractor in agreement of the measured quantities, then the Contractor is required to sign it and return it with in ten (10) working days. If the Contractor is not in agreement, then the Contractor is required to, within five (5) working days, arrange a field trip with the assigned inspector to show proof of the difference. NON -PAY ITEM NO.6 - EXISTING UTILITIES/FACILITIES: It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one. The following are utility contact persons: SP-14 .. i Companv Telephone Number Contact Person SBC - Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXUElectric Delivery: Downtown 817-215-6424 Mr. Scott King Other than Downtown 817-215-6688 Mr. Robert Martinez ATMOS Energy (Gas) 911 Emergency 817-215-4366 Dispatch 817) 215-4366 (for info only) Mr. John Crane 469-261-2314 Cell (for info only) CFW - Street Light 817-392-7738 Mr. James Turner CFW- Light Signal 817-392-2538 Mr. Frank Brock 817-392-2535 Mr. Monte Wilson CFW- Pavement Marking 817-392-8101 Mr. Marion Goodspeed CFW -Storm Drain 817-392-5196 Mr. Rodney Smithey CFW- Water 817-212-2699 Mr. Roger Hauser 817-925-2360 Cell CFW - Sewer 817-212 -2 699 Mr. Rick Davis 817-944-8399 Cell PAY ITEM NO. 1 - Project Designation Sign: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/a inch fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. SP-15 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. PAY ITEM NO. 2 — Utility Adiustment: This item is included for the basic purpose of establishing a contract price which will be comparable to _ the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. - The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. .` PAY ITEM No. 3 — Remove Existing 6-inch Reinforced Concrete Pavement: This item shall include the removal of existing 6-inch reinforced concrete pavement and curb with same day haul -off of the removed material to a suitable dumpsite that approved by the Engineer. For specifications governing this item, see City Standard Specifications Item No. 104 "Removing Old Concrete". VW The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. .r PAY ITEM No. 4 — Remove Existing 6-inch E MAC Pavement: SP-16 This item shall include the removal of existing 6-inch HMAC pavement with same day haul -off of the removed material to a suitable dumpsite that approved by the Engineer. For specifications governing this item, see City Standard Specifications Item No. 106, "Unclassified Street Excavation". The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 5 — 6-inch Lime Stabilized Subgrade: For specifications governing this pay Item, See City Standard Specifications Item No. 210 "Lime MW Treatment (Material Manipulation)" and Item No. 212 "Hydrated Lime and Lime Slurry". The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 6 — Lime for Subgrade Stabilization (36 lbs/SY): For specifications governing this pay Item, See City Standard Specifications Item No. 210 "Lime Treatment (Material Manipulation)" and Item No. 212 "Hydrated Lime and Lime Slurry". The unit price bid per ton will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 7 — 6-inch HMAC Base Course Tvne "B": For specifications governing this pay Item, See City Standard Specifications Item No. 312 "HOT — MIX " ASPHALTIC CONCRETE" and all applicable provisions of TxDOTs "Standard Specifications as out lined in PAY ITEM No. 8. The 6" deep Type "B" HMAC Base Course and the 2" Type "D" in PAY ITEM No. 8, shall be used for the 4' wide extension of the long Westside of Alta Vista Rd (From Keller Haslet RD to Alliance Gateway FWY S.H. 170) as directed by the Construction Engineer, and shall be placed in two lifts. The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work PAY -ITEM No. 8 — 2-Inch HMAC Surface Course Tvne "D" Mix: SP-17 All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item Nos. 300 "Asphalts, Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced) shall govern work. The following amendments to the above TxDOT's specifications shall govern, take precedence and shall include: Item No. 340 "Dense --Graded Hot -Mix Asphalt (Method)" (referenced): �• • Under Item 340.2, Materials, A. Aggregates: The surface aggregate classification (SAC) shall be Class B. The Contractor shall perform the Los Angeles abrasion, magnesium sulfate soundness, Micro- Deval and all other aggregate quality tests listed in Table 1. .r 2. RAP will not be allowed, for use, in surface course Type "D" mix. • Under Item 340.2, Materials, D. Asphalt Binder: Furnish performance -graded PG 64-22 for H.M.A.C. surface course, level up and pavement/base repair or replacement. • Under Item 340.4, Construction, The City of Fort Worth, Texas will perform quality assurance tests and checks on the paving project materials during construction, to ensure compliance with the specifications and approved mixture design. The sampling and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications, all subsequent testing of the material, in order to determne if the material is acceptable, shall be furnished and paid by the contractor, as directed by the Engineer. Samples will be taken for determination of asphalt content, aggregate gradation, maximum theoretical specific gravity as determined by the Engineer. For each hot mix asphalt surface course placed, nuclear gauge in -place density testing will be performed at each 300-ft station. For each hot mix asphalt surface course placed, cores will be obtained to determine in -place density and thickness. The cores will be taken at the maximum interval of 300-ft (to coincide with field density locations). SP-18 MW ftm ow • Under Item 340.4, Construction, A. Mixture Design: The contractor shall furnish mixture design of the proposed hot mix asphalt, at or before the pre - construction meeting. The Contractor shall submit to the Engineer a mixture design prepared by a AASHTO accredited laboratory, for the materials to be used in the project. Using the typical weight design example in Tex-204-F, Part I, the mixture design shall meet the requirements contained in Tables 1 through Table 5 of Item 340. The Indirect Tensile -Dry (Tex-226-F) and the Hamburg Wheel -tracking (Tex-242-F) tests shall be waived. The mixture design report must be certified and signed by a Level H Specialist and submitted on TxDOT's software forms. The Engineer may verify the mixture design at optimum asphalt content. • Under Item 340.4, Construction, B. Job -Mix Formula Approval: The Contractor will perform the Boil Test (Tex-530-C). • Under Item 340.4, Construction, J. Ride Quality: The Ride Quality Surface Type A test (10-foot straight edge) shall be measured. • Under Item 340.5 Measurement: OM Hot mix will be measured by the square yard of the composite hot mix, which includes asphalt, aggregate and additives. ■ Under Item 340.6 Payment: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement", will be paid for at the unit price bid per square yard, for "Dense -Graded Hot Mix Asphalt (Method)". The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 9 — 8-inch Reinforced Concrete Pavement for Alta Vista Rd: PAY ITEM No. 10 — 7-inch Reinforced Concrete Pavement for Confidence Dr: For specifications governing PAY ITEMS No. 9 and No. 10, see the Green Cement Policv (enclosed) and City Standard City Specifications, Item No. 314 "Concrete Pavement", City of Fort Worth .. Transportation & Public Works Department — Pavement Design Standard Manual, and Item No. 360 "Concrete Pavement" (enclosed) shall apply. The contractor shall use (6) sack concrete mix for all hand .� placement in the intersections. so SP-19 Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. (2) If the crack is due to distress (structure), then 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, if so then the entire panel shall be replaced. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent spalling of the pavement. 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. N. The unit price bid per square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 11 — 7-inch Integral Concrete Curb: Standard specification Item No.502, "Concrete Curb and Gutter", 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 no more than thirty (30) minutes after the concrete in the slab is placed. The Contractor shall backfill behind the curb within seven (7) calendar days, if the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb, required backfilling shall be at finishing grade, top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Cost of back filling and grading behind curb shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Required backfilling and finishing grade behind the curb shall be completed in order for the curb to be accepted and measured as completed The unit price bid per linear feet will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 12 — Remove and Renlace Failed 8-inch Reinforced Concrete Panels: SP-20 40 0 This item shall include the removal and replacement of all failed 6-inch reinforced concrete pavement and replacing with a minimum of 8-inches as designated by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite in a manner satisfactory to the Construction Engineer. ` For specifications governing this item, see the Green Cement Policy (enclosed) and City Standard City Specifications, Item No. 104 "Removing Old Concrete", and Item No. 314 "Concrete Pavement", and Item No. 360 "Concrete Pavement" (enclosed) shall apply. In addition, this item includes removing failed joint material and replacing with new joint material and .r new silicone joint sealant. Joint material and silicone joint sealant shall be in accordance with the enclosed technical specification "Silicone Joint Sealing for Concrete Pavement" and joint details. ..r For situations where extensive slab replacement is next to existing deteriorated or damaged curb, the contractor shall replace both slab and curb. The Engineer shall determine locations of curb _ replacement. Payment for slab replacement shall be addressed under this pay item, and the curb replacement shall be paid under PAY ITEM No. 13 — Remove and Replace 7-inch Concrete Curb. Contractor must remove existing failed pavement in a manner that subgrade is not disturbed. Contractor must re -compact subgrade and areas re -compacted shall have a uniform density not less than 95% of maximum density (ASTM D-698). In place density test per each repaired surface area shall be undertaken. The guidelines for compacting, per standard specification Item No. 202, "Rolling", may be waived due to physical construction restrictions. Engineer may accept other compaction methods. Payment for compacting, including labor and equipment, shall be incidental to other pay items in the contract. If in the process of removing failed concrete pavement, it is revealed that the subgrade. even after attempts to compact and re -shape, is not meetiniz requirements of standard specification Item No. 204 "Subgrade Preparation", and is exhibiting severe ruts and poor material composition that can not be manipulated and compacted, the Contractor shall remove 6-inches of top subgrade and replace with flexible base. The cost of removing and disposing of subgrade and placing of flexible base shall be covered in Pay Item No. 12, "Flex Base". If failed concrete pavement has a depth that is less than 8-inches (distance between top of new pavement surface and re -compacted subgrade surface), the Contractor shall remove excess subgrade material. Subgrade must be re -shaped and re -compacted to allow a replaced 8-inches thick concrete .. pavement section. Cost of removing and proper disposal of excess excavated material shall be covered under Pay Item No. 22 Unclassified Street Excavation. ', If replaced pavement section depth exceeds 8-inches and subgrade meets compaction requirements, the Contractor must pour a uniform pavement section exceeding 8-inches in depth. The cost of SP-21 r. additional concrete shall be covered under PAY ITEM No. 22 — Concrete for Replaced Panels Sub Base as Needed. and shall be full compensation for labor, material and equipment used. The concrete shall be designed to include a minimum of 6 sacks of Tvve I. or Tvpe III cement. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type A water -reducing Y admixture and a Type C non -chloride set -accelerating admixture may be used with minimum 5.5 sacks of type I or Type III cement to achieve the earliest possible concrete -setting times. The use of a set-retardine admixture will not be permitted. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seventv two (72) hours. Concrete pavement may be opened to traffic as long as the minimum compressive strength requirement of 3000 pounds per square inch has been met. If the concrete fails to reach the required 72-hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Slump shall not exceed 3 inches. An entrained air content of three (3) to six (6) percent, as directed by the Engineer, shall be provided. The fine aggregate shall have fineness modules of 2.60 to 2.80. All admixtures used shall conform to the requirements of standard specifications Item No. 314, "Concrete Pavement" except that the Type C set -accelerating admixture may require addition, at the job site, when the temperature of the concrete is above 55T. Either transit -mix or central -mix concrete will be permitted. Existing concrete pavement shall be sawed full depth. Reinforcing bars (No. 3 @ 24" OCBV), -' dowels and tie bars shall be placed as shown on the enclosed joint details. All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Engineer. Screeds will not be allowed except if approved by the Engineer. Actual measured material in square yards, in place, shall be the basis for payment. Payment shall be — full compensation for labor, material and equipment used, at the locations determined by the .r Engineer. PAY ITEM No. 13 — Remove and Replace 7-inch Concrete Curb: This item includes the replacement of concrete curb where extensive slab replacement is required next to existing deteriorated or damaged curb with same day haul -off of the removed material to a suitable dumpsite. The contractor shall replace both slab and curb. The Engineer shall determine locations and limits of curb replacement. Standard specification Item No. 104 "Removing Old Concrete", and Item No.502, "Concrete Curb and Gutter", 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 no more than thirty (30) minutes after the concrete in the slab is placed. In situations where only curb replacement is called for, new slab and curb shall be drilled into existing Zlj9R*►A pavement per enclosed detail sheet. Concrete slab shall be paid for under Pay Item No. 12 — Remove and Replace 8-inch Reinforced Concrete Pavement. and the replacement of the curb shall be paid w under this pay item. The Contractor shall backfill behind the curb at finishing grade within seven (7) calendar days of pouring the curb. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Cost of back filling, top soil, and grading behind curb shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Required backfilling and finishing grade behind the curb shall be completed in order for the curb to be accepted and measured as completed a The unit price bid per linear feet will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 14 — Remove and Replace 10-Ft Storm Drainage Inlet Ton: This pay item shall include the removal and replacement of a 7-inch thick drainage inlet top of 10-ft drainage inlet openings, at locations to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. For specifications governing these items, see City Standard Specifications Item No. 450 "Adjusting Manholes and Inlets", as shown in the Drawing S-S02 and as directed by the construction engineer. we The concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven (7) days. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY -ITEM No. 15 — Remove and Replace 6-Inch Concrete Drivewav: This pay item shall include the removal and replacement of any type of existing concrete driveways, as designated by the Construction Engineer, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dump site. SP-23 For specifications governing these items, see City Standard Specifications Item No. 104 "Removing Old .. Concrete" and Drawing Nos. S-S5, and Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. M. Contractor shall sawcut existing driveway, curb and gutter, and pavement prior to driveway removal All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven (7) days. -� The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY -ITEM NO. 16 — Remove and Replace 4-Inch Concrete Sidewalk: This pay item shall include the removal and replacement of any type of existing concrete sidewalk, as designated by the Construction Engineer, due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. For specifications governing these items, see City Standard Specifications Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. The unit price bid per square feet shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY -ITEM NO. 17 — Remove and Replace 4-Inch ADA Wheelchair Ramp with Dome -Tiles: _ This item shall include the removal of existing wheelchair ramp, and replacement with new Dome -Tile standard concrete wheelchair ramps at various locations as to be determined in field by the Construction Engineer, due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul -off of the removed material to a suitable dumpsite. For specifications governing this item, enclosed Dome -Tile details; and City Standard Specifications Item No. 104 "Removing Old Concrete", and Item 504 "Concrete Sidewalk Driveways", except as herein modified. SP-24 i All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square .. inch in seven (7) days. Contractor shall sawcut existing sidewalk, curb and gutter and pavement prior to wheelchair ramp removal. The removal and replacement of existing curb as required for the installation of new wheelchair ramps shall be included in PAY ITEM NO. 13 — Remove and Replace 7-inch Concrete Curb, Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). Pay limits for "Standard Wheelchair Ramp" will start 15 inches back from the face of curb and encompass the remainder of the ramp and sidewalk. Contractor shall furnish and install brick red color pre -cast detectable warning Dome -Tile. manufactured by StrongGo Industries or approved equal by the construction Engineer. Detectable warning surface shall be a minimum of 24-inch in depth in the direction of pedestrian travel, and extend the full width of the curb ramp or landing where the pedestrian access route enters the street, and shall be located so that the edge nearest the curb line is a minimum of 6-inch and a maximum of 8-inch from the extension of the face of curb, detectable warning surface Dome -Tile maybe curved along the comer radius. The method of Dome -Tile installation shall be in accordance with the manufactures instruction. Cost of detectable warning Dome -Tile and installation, shall be included in this pay item Contractor shall provide a brick red colored Dome -Tile sample for approval 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 Contractor shall backfill behind the wheelchair ramps within seven (7) calendar days, if the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the ramp, required backfilling shall be at finishing grade, top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Cost of back filling and grading behind curb shall be included in this pay item. so Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. an Required backfilling and finishing grade behind the ramp shall be completed in order for the wheelchair ramp to be accepted and measured as completed SP-25 60 The unit price bid per square feet, as shown on the proposal, will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY -ITEM NO. 18 — New Standard 4-Inch ADA Wheelchair Ramp with Dome -Tiles: .. This item shall include the construction of new standard concrete wheelchair ramps with Dome -Tiles at _ various locations as to be determined in field by the Construction Engineer with same day haul -off of the removed material to a suitable dumpsite. For specifications governing this item, enclosed Dome -Tile details; and City Standard Specifications Item No. 104 "Removing Old Concrete", and Item 504 "Concrete Sidewalk Driveways", except as herein modified. All concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seven (7) days. Contractor shall sawcut existing sidewalk, curb and gutter and pavement prior to wheelchair ramp removal. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in PAY ITEM NO. 13 — Remove and Reulace 7-inch Concrete Curb. Pay limits for laydown curb and gutter are as shown in the Accessability Ramp Pay Limits detail (STR-032). Pay limits for "Standard Wheelchair Ramp" will start 15 inches back from the face of curb and encompass the remainder of the ramp and sidewalk. Contractor shall fizrnish and install brick red color pre -cast detectable warning Dome -Tile. manufactured by StrongGo Industries or approved equal by the construction Engineer. Detectable warning surface shall be a minimum of 24-inch in depth in the direction of pedestrian travel, i and extend the full width of the curb ramp or landing where the pedestrian access route enters the street, and shall be located so that the edge nearest the curb line is a minimum of 6-inch and a �- maximum of 8-inch from the extension of the face of curb, detectable warning surface Dome -Tile maybe curved along the corner radius. The method of Dome -Tile installation shall be in accordance with the manufactures instruction. i am Cost of detectable warning Dome -Tile and installation, shall be included in this pay item SP-26 90 Contractor shall provide a colored Dome -Tile sample for approval 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 Contractor shall backfill behind the wheelchair ramps within seven (7) calendar days, if the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the ramp, required backfilling shall be at finishing grade, top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Cost of back filling and grading behind curb shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Required backfilling and finishing grade behind the ramp shall be completed in order for the wheelchair ramp to be accepted and measured as completed The unit price bid per square feet, as shown on the proposal, will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. no .W PAY ITEM No.19 — Silicon Joint SealinLy for Concrete Pavement: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION For SILICONE JOINT SEALING " w (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 meets these requirements. SP-27 wo 2.2. The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure -� sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3. Self -Leveling Silicone Joint Sealant: The joint sealant shall be Dow Corning 890-SL self -leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. .. Self -Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 _ MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin -Over Time, minutes max. 60 Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED - _ ASTM D 412, Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +1001-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4. The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene -- bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the Construction Detail" sheet for the various joint details with their respective dimensions. _ 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the _ required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 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, SP-28 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. EOUIPMENT 4.1. All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2. Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3. High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut j oint. 4.4. Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfin. 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 SP-29 to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned �+ joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior p to the application of the joint sealant in a manner that will produce the required dimensions. 5.4. Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack -free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. `- 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of 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. PAY ITEM No. 20 — Flex Base: SP-30 This item addresses subgrade that has irregularities, weak spots; ruts, and not meeting compaction requirements. Contractor shall replace top 6-inches of subgrade with flexible base material. Application of flexible base material shall be in accordance with standard specification Item No. 208, "Flexible Base". Measurement is in square yards and shall cover actual area and depth of 6-inches of material used. Payment is full compensation and covers the cost of labor, material, and equipment used in excavating and hauling off failed subgrade material and manipulating, spreading, and compaction of flexible base material. Use of material shall be determined in the field by the Engineer or his Representative. PAY ITEM No. 21 — Unclassified Street Excavation: a This item covers the cost of removing excess subgrade material in areas where the existing failed pavement section is less than 8-inches in thickness and the proposed pavement is 8-inches or greater in thickness. This item covers the removal and proper disposal of excess subgrade material and shall be in accordance with standard specifications Item No. 106, "Unclassified Street Excavation". .r Measurement is in cubic yards and payment shall be for all labor, equipment used and the removal and disposal of material. Excavation shall be determined in the field by the Engineer or his Representative. PAY ITEM No. 22 — Concrete for Replaced Panels Sub Base as Needed: This item covers the cost of additional concrete used in the replaced pavement sections that exceeds 8-inches in depth. Replaced pavement section to be uniform concrete to be cast monolithically. Mix requirement, material selection, compressive strength, etc., shall match requirements highlighted in PAY ITEM No. 12. Actual measured material in cubic yards, in place, shall be the basis for payment. Payment would be -- full compensation for labor, material and equipment used. Additional concrete shall be determined in the field by the Engineer or his Representative. PAY -ITEM NO. 23 — 6-Inch Perforated Subdrain Pine: This item shall consist of furnishing and installing 6-inch perforated subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. SP-31 All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ratio of 35 (SDR35) and meet the ASTM D 1784. Filter fabric shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or non -woven to form a mat of uniform quality. Fabric fibers may be either continuous or discontinuous and oriented in either a random or a aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have non -raveling edges. The fabric shall meet the following requirements when sampled and tested in accordance with the methods indicated: Test Original Physical Properties Method Requirements 4.0 minimum for under Fabric weight, on an ambient SDHPT Test Method Tex- drains and Slope -- temperature air-dried tension free 616-J"Testing of Construction Stabilization, 6.0 minimum sample, expressed in oz/sq. yd. Fibers" for Gabions Revetment Water flow rate by falling head method, 7.9 inches (20 cm) to 3.9 inches (10 cm) .- on 2 inch ID cylinder with 1 inch Tex-6164 80 minimum diameter orifice, with flow rate expressed in gal/sq. $/minute. Breaking load in either machine or cross- ASTM Designation: D 1682 machine direction, expressed in pounds. grab method Gas modified by 100 minimum Tex--616-J CW-02215, US Army Corps Equivalent opening size (US Standard of Engineers, Civil Works — sieve no.) Construction Guide 70 to 100 Specification. "Plastic Filter Fabric", Nov. 1977. "Apparent elongation" at breaking load in ASTM Designation: D 1682 either machine or cross -machine grab method G as modified by 100 maximum direction, expressed as percent. Tex-6164 The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, as indicated or as directed by the Engineer. When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the Filter Fabric shall be done in such a way as not to damage the .. Filter Fabric material during the placement. SP-32 The unit price bid per linear feet shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. PAY ITEM NO.24 — Utility Trench Repair: This pay item shall include the necessary excavation and backfill of existing utility trench as directed by the Construction Engineer. Payment will be made for the quantity of trench 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 No. 114 of the City of Fort Worth Standard Specifications. After backfilling is completed and accepted by method of reusing excavated material. If needed contractor shall add concrete to backfill the trench to required grade as directed by the Engineer. Concrete shall be paid by Pav Item No. 18 Concrete for replaced Panel Sub Base as Needed 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: f rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. The unit price bid per cubic yard shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. PAY ITEM NO.25 — Top Soil: The proposed quantities shown are calculated to provide topsoil (2 to 4 inches in depth compacted) over the parkway areas that are not included in the required flat work backfill. This 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. The unit price bid per cubic yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.26 — Manhole Adiustment: This item shall include adjusting the tops of existing manhole to match proposed grade as shown in the detail at the back of this document or as directed by the Engineer. Standard specification Item Nos. 450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. Failure of the Contractor to perform this inventory will place the total burden of the replacement of any broken frame and cover on the Contractor. SP-33 No 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. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.27 Water Valve Adiustment: Contractor will be responsible for adjusting water valve boxes to match new pavement grade as directed by the Engineer. The water valve themselves will be adjusted by the City of Fort Worth Water department forces. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes, which are damaged during construction at no cost to the City. Failure of the Contractor to perform this inventory will place the total burden of the replacement of any broken frame and cover on the Contractor. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.28 — Water Meter Box Adiustment: This item only applies when the adjacent curb and gutter has been removed and replaced and has been authorized by the assigned inspector. The adjustment shall include raising or lowering the existing water meter box to the proper grade. The unit price bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.29 — St. Grass Sod Replacement: This pay item shall consist of the replacements of a like grass sod that was removed under this contract due to the removal and replacement of driveways and curb and gutters as determined by the Engineer. All materials shall be of recent production, and suitable for there intended purpose. Sod Products Specifications: ■ Sod shall consist of live and growing grass. ■ Grass shall have a healthy, virile root system of dense, thickly matted roots throughout an approximately one- (1) inch minimum thickness of native soil attached to the roots. ■ Sod will be free from obnoxious weeds or other grasses and be free from any deleterious matter that might the growth of the grass. SP-34 ■ Sod material must be kept moist from the time it is dug until planted. Sod Installation Specifications: ■ The area to be sodded shall be determined by the City. ■ The sodded area shall be smoothed down. ■ The sodded area shall be thoroughly watered immediately after it is planted. The unit price bid per square yard will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. PAY ITEM NO.30 — Painting Curb House Addresses: This item shall include. painting of house addresses on curb or driveway radiuses that are removed and replaced in this contract !' ■ All materials shall be of recent product, and suitable for its intended purpose. ■ Surface preparation and application shall be in strict compliance with manufacturer's recommendations. ■ The paint shall NOT be applied; if the new concrete curb has aged less than a minimum of 28 days, and if weather condition may harm or damage the finish surface. ■ The background paint shall be equal to or exceed #5160 White Latex Striping paint manufactured by _ Kwal Paint or approved equal. ■ The letters paint shall be equal to or exceed #6306 Black Latex Exterior paint manufactured by Kwal Paint or approved equal. ■ The minimum size for the background shall be 6" high x 16" long, and the minimum size for the _ letters shall be 4" high. The unit price bid per each will be full compensation for all labor, material, tools, and incidentals .� necessary to complete the work. END OF SECTION SP-35 -A CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project 2007 Critical Capital Protect for Total Reconstruction of Premature Failed Streets at Two Locations on Alta Vista Road and One on Confidence Drive and City of Fort Worth Project No. C295-541200-202240129883. CONTRACTOR: M;CLENDON CGNST. CO. W. Name: DAN McCLENDQN, PRESIDE14T Title: Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared -DAh MC 0' I Px &V) ` 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 )I/l C C�_rx�o►� �ons%rvton �nr��ar,y . Inc for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20Q� Notary ublic in and f e State of Texas JWtW" tam (a #40 3W Sol I W Go11M1m"" boom OM EOUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: ow MO Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: ,. EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion MV _ 1 List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety Bond No. 8215-46-21 wpm so PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) McClendon Construction Companv, Inc., as Principal herein, and (2) Vigilant Insurance Companv , a corporation organized under the laws of the State of (3) New York , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Five Hundred Fortv Nine Thousand, Nine Hundred Seventv Seven Dollars and Fifty Cents Dollars ($549,977.50) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 14th day of July , 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of 2007 Critical Capital Proiect for Total Reconstruction of Premature Failed Streets at Two Locations on Alta Vista Road and One on Confidence Drive TPW Proiect No. C295-541200- 202240129883. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 14th day of July , 2009. no Bond No. 8215-46-21 ATTE T: (Principa ecreta) (SEAL) uutpi Witness adAo Pr pal McClendon Construction Cornpanv, Inc. PRIIN IPAL / By:_ ,( 2, Name: Dan McClendon Title: President Address: P.O. Box 999 Burleson, Texas 76097 M Vigilant Insurance Companv ATTEST: SURETY ` By: � [� h0 '0 Name: Michael A. Sweenev Secretary Attorney in Fact (S E A L) Address: 2001 Brvan Street, Suite 3400 Dallas, Texas 75201 Witness as to Su ty Jennifer R. Marsh Telephone Number: 214-754-0777 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of -� Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. .. Bond No. 8215-46-21 PAYMENT BOND -- THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § so That we, (1) McClendon Construction Comoanv. Inc.. , as Principal herein, and (2) Viailant Insurance Comaanv , a corporation organized and existing under the laws of the State of (3) New York , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Five Hundred Fortv Nine Thousand, Nine Hundred Seventv Seven and Fiftv Cents Dollars ($549,977.50) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 141h day of July , 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: 2007 Critical Caaital Proiect for Total Reconstruction of Premature Failed Streets at Two Locations on Alta Vista Road and One on Confidence Drive TPW Proiect No. C295-541200-202240129883. 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 such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 14t' day of July , 2009. no Bond No. 8215-46-21 w ATT T: (Principal) S cretary (SEAL) .. � Witness s to ipal ATTEST: AW Secretary (S E A L) Witness as to urety Jennifer R. Marsh McClendon Construction Comnonw, Inc. Nw•, 7 PRINCIPA By:_Lit" Name:Dan McClendon Title: President Address: P.O. Box 999 Burleson, Texas 76097 Viqilant Insurance Companv SURETY By: M"j a- �� a/yla/ Name: Michael A. Sweenev Attorney in Fact Address: 2001 Brvan Street, Suite 3400 Dallas, Texas 75201 Telephone Number: 214-754-0777 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Bond No. 8215-46-21 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That McClendon Construction Comnanv. Inc. ("Contractor"), as principal, and Viailant Insurance Companv a corporation organized under the laws of the State of New York , ("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 Five Hundred Fortv Nine Thousand. Nine Hundred Seventv Seven Dollars and Fiftv Cents Dollars ($549,977.50), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: _ WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the le of July , 2009, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: 2007 Critical Capital Proiect for Total Reconstruction of Premature Failed Streets at Two Locations on Alta Vista Road and One on Confidence Drive the same being referred to herein and in said contract as the Work and being designated as project number (s) C295-541200-202240129883 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 the 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 2 (Two) Year(s) ; 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 AL 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 Bond No. 821546-21 the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 14" ATTEST' (Principal) Secretary✓ (SEAL) Witness a o Prin * al ATTEST: Secretary day of July A.D. 2009. McClendon Construction Companv. Inc. PRIN92 C PAL By: \ Name:Dan McClendon Title: President Address: P.O. Box 999 Burleson, Texas 76097 Viqilant Insurance Companv SURETY By: Ak �j it Name: Michael A. Sweenev Attorney in Fact (S E A L) Address: 2001 Brvan Street, Suite 3400 Dallas, Texas 75201 ' With ss 4torety Jennifer R. Marsh Telephone Number: 214-754-0777 NOI*-: (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 Powef of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Policyholder Information Notice W IMPORTANT NOTICE To obtain information or make a complaint: You may call Chubb's toll -free telephone number for information or to make a complaint at 1-800-36-CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compaWas, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us D/SPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AV/SO A SU POL/ZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form 99-10-0299 (Rev. 1-08) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 clll�s Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kyle W. Sweeney. Charles D. Sweeney and Michael A. Sweeney of Fort Worth, Texas .. each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested rsrt these presents and affixed their corporate seals on this 13th day of August, 2008. L 4ennnethC. Wends Ass sl tent Secre r avid B. Norris, Jr., Vice Pre , ry 'off STATE OF NEW JERSEY ss. County of Somerset On this 13th day of August, 2008 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the ry foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attomey Is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and In deponent's presence. Notarial Seal KATHERINE KALBACHER 6 NOTARY PUBLIC OF NEW JERSEY rot x Nob., No.2316685 , p BLIC a Commission Expires July 8, 2009 t' / Notary Public y V 'JERS�� CERTIFICATION Extract from the By- Laws of FE AL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the ChalrmaA or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any w Assistant Vice President, any Secretary, any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company rw with respect to any bond or undertaking to which It is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, no (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by fhe U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. ON Given under my hand and seals of said Companies at Warren, NJ this July 14, 2009 aa>a� wt`v' �fw 4thC. Wende , ssistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety 0 chubb.com • Form 15-10- 0225B- U (Ed. 5- 03) CONSENT CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 14' day of July , 20 09 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (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, and McClendon Construction Companv, 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: 2007 CRITICAL CAPITAL PROJECT FOR TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS AT TWO LOCATIONS ON ALTA VISTA ROAD AND ONE ON CONFIDENCE DRIVE Designated as project number: C295-541200-202240129883. 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 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 Transportation and Public Works Department 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 80 (Eighty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 315.00 per calendar day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the 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. 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 anv such iniurv, damaqe or death is caused, in whole or in part. by the negliqence or alleqed negliqence of Owner, its officers, servants, or emp/ovees. 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 anv such injury or damage is caused in whole or in part by the negliqence or alleqed negliqence of Owner, its officers, servants or emp/ovees. C-2 In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. A Said City agrees and binds itself to pay, and the said 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 by -weekly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be FIVE HUNDRED FORTY NINE THOUSAND, NINE HUNDRED SEVENTY SEVEN DOLLARS AND FIFTY CENTS $549.977.50 a] C-3 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 Transportation and Public Works Department. 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 copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 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 Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 14t' day of July , 2009 APPROVED: C-P OF FO T WORTH f� � Gw. 10.4 _r4lo. �. C � (elk,(elk,DIRECTO TRAN0ORTATION AND Nr-- ASSISTANT CITI(MANAGER PUBLIC WORKS DEPARTMENT IftCLENDON CONST. CO. INC. (Contractor) i ON w BY: (Representative) CAN McCLENDON, PRESIDENT (TITLE) P.O. 96MY) BURLESON, TX 76097 Revised June 2008 (City/State/Zip) ATTEST: MW � - CITY SECRE ARY (SEAL) 0_,),3U53 . Contract A;zthorization Date APPROVED AS TO FORM & LEGALITY: ASSI CITY ATTORNEY j w OFFICIAL RECORD PITY SECRETARY �. WORTH, TIC I GREEN CEMENT POLICY COMPLIANCE STATEMENT (To be furnished by the Contractor to the City at the time of bid opening) (Submit separate forms for each supplier / product supplier) Name of Project: Fol / t' _n`1/LTV/ • l City Proj. No.: -# oIZRe This is to certify that the cement to be utilized for the above project will meet the following criteria: 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 less of NOx / ton of clinker released into the atmosphere. Name of Manufacturer -+UDM Address of Manufacturer: M'd li?.�� In- ld �asxas CONTRACTOR T�2v, Ue('_vi Name Title ue-L'le ol, pm;ir(JA0,ri Company '` S17 Phone Number IL SUPPLIER 1 1 t< r l i C. l l .► Name Sales Title SoOhe y, Slnr Co n CI-e k Company g 7z (z1- ogaq Phone Number 9 Project Name: City Project Number: Street Maintenance Work Notice As a part of the City of Fort Worth's street Maintenance Program, has been contracted to repair your street. During the maintenance work, there will be a brief time that you may not have access to your residence or business. On the day specified below, vehicles can not be parked on the street. Also, please turn off your sprinkler adjacent to the street. If you have any questions or concerns, please contact contractor at If we are not able to resolve your concerns to your satisfaction, you may contact City of Fort Worth Inspector at Monday — Friday between 7:30 AM and 4:30 PM After 4:30 PM and on weekends, call (817)392-8100 Expected Construction dates Block Limits Street Name Proiect Limits (Weather Permittine) 1100-1200 Brown street Yates Ave to Keller Springs Pkwy From 5/5/08 to 5/29/08 r Nombre del proyecto: Numero del proyecto: Notificacion del Mantenimiento de la Calle Como parte del programa de mantenimiento de las Calles de la Ciudad de Fort Worth, ha sido contratado pars reparar su calle. Durante este trabajo de mantenimiento, Habra un tiempo breve en que no tenga acceso a su hogar o negocio. En los dias especificados abajo, vehiculos no deben estacionarse el la calle. Tambidn, por favor apague su sistema de regar el cesped cerca de la calle. Si tiene alguna pregunta o preocupaci6n, por favor Ilame al contratista al Si no resuelve su preocupaci6n a su satisfacci6n, puede tambien llamar a la Oficina de inspecci6n de la Ciudad de Fort Worth al , de lunes a viernes entre las 7:30 AM y 4:30 PM Despues de las 4:30 PM o en los fines de semana llame al (817) 392-8100 Limites Nombre limites Fechas de construcci6n de la cuadra de la Calle de proyecto permitiendo el estado de tiemvo 1100-1200 Brown Street Yates Ave a Keller Springs Pkwy de 5/5/08 a 5/29/08 1 1 1 1 f 1 1 1 7 1 1-, PROJECT DESIGNATION SIGN 4, - 0„ PMS - 288 42„ FoRTWo H� >> � T 4 62 „ `. PMS - 167 r � 13„ 3" I Project Title j 1 3 " I 2ND LINE f IF NECESSARY 3„ 12 = Contractor: , » 22"Contractor's Names 2 72 12"-f— Scheduled Completion Date , » 12" = Year 2 1" FONTS: FORT WORTH LOGO = CHELTINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 LETTERING - PMS 288 BACKGROUND - WHITE BORDER - BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING N0. I DATE: 9-20-02 L -A .r J i COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA f I ' IN UNPAVED AREA 4'-0" (MANHOLE) 2'-0" (WATER VALVE) (8) #4 BARS, PLACED AS SHOWN. USE CLASS. "A.. (3000 LB) CONCRETE. ,�: * •�' �::; :�. ��-3", TYF. +f ;. -•' uj LLI ��� .\ -,•fir: T , `' O � A '' -,-' •�� AQ CASE CASE 3/4" #1 #2 CHAMFER GRADE RINGS -3" MIN. Typ; 7 ,•� - r t.. i GROUND COLLAR :� PVMT. ;-i- PVMT. THICKNESS VARIES, 8" MIN. �'}2:27•StJB%-;�!.:;.t i= :►r .. a .BASE 4: •'. RAM NECK, TYP. CASE 11 COLLAR SHALL EXTEND TO BOTTOM OF 2:27 CONCRETE (REBAR REQUIRED). CASE #2 COLLAR SHALL EXTEND 3" BELOW i BOTTOM OF LOWEST GRADE RING (REBAR i REQUIRED). SECTION "A-A0 (MANHOLE COLLAR SHOWN) (NOT TO SCALE) &g;O CITY OF FORT WORTH, TEXAS RT MANHOLE AND WATER VALVE CONCRETE COLLAR DATE: 09/7-004 STR-028 367 GROUND LINE-.,,, O N g _a q 1.5'MIN. FACE OF CURB SUITABLE MATERIAL TAMPED IN LIFTS NOT CURB AND EXCEEDING ~�. GUTTER 12 LOOSE. • �',�- - `-�lF� TOP of CURB WASHED R ocK 12. OVERLAP PER ITEM 402 s FILTER FABRIC PER PAY ITEM NO. 115 is 1.s1 PIPE SHALL BE 60 PERFORATED POLYVINYL CHLORIDE TUBING PER ASTM D-1784 UNLESS SPECIFIED OTHERWISE. S U B D R A I N . CITY OF FORT WORTH, TEXAS -CONSTRUCTION STANDARD IDRAWING NO. S-S 11 moolor 1 DATE: 3-7-95 Addendu■ 3 FLARES AT SIDEWALKS SLOPE d� 1 ":12" MAX (TYPICAL) 7" CURB CURB FLUSH W/GUTTER DETECTABLE WARNING SURFACE (2' x 4' DOME — TILES) r- 10' PARKWA. -. I I Ir PROPERTY LINE I PROPERTY LINE a a f, SIDEWALK LEVEL LANDING WHEEL CHAIR RAMP CITY OF FORT WORTH -CONSTRUCTION STANDARD j DATE: 2/27/09