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HomeMy WebLinkAboutContract 39327THIS COPY FOR: CONTRACTOR .r SPECIFICATIONS ACONTRAC.TOR'S BONDING CO. AND No/ qn► SECRETARY CONTRACT DOCUMENTS CITY MANAGER'S OFFICE " 2007 CRITICAL CAPITAL PROJECT ENGINEERING DIV. FOR TIPW • FILE COPY ow TOTAL RECONSTRUCTION OF PREMATURE FAILED STRf FT - no HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr. To 325 ft. West of Hunters Creek Ct.) CITY OF FORT WORTH, TEXAQTY SECRETARY vONTRACT NO. 1 CITY PROJECT NO.01329 ,y TPW PROJECT NO. C295-541200-202240132983 Y to .r CJ to 2009 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GEORGE A. BEHMANESH, P.E., ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE GROUP RECORD [OFFICIAL CITY SECRETARY FT WQDTIa TY 2:� 1 , CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM No. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2007 CRITICAL CAPITAL PROJECT TOTAL RECONSTRUCTION OF PREMATURE FAILED STREET: HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr. To 325 ft. West of Hunters Creek Ct.) CITY PROJECT NO. 01329 TPW PROJECT NO. C295-541200-202240132983 The contract and documents for the subject project are hereby revised or amended to clarify the following: .. Green Cement Policy will not be required under this contract. Therefore, disregard the GREEN CEMENT POLICY COMPLIANCE STATEMENT that was included in this contract documents. FO 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 go rendering the bid non -responsive. RECEIPT ACKNOWLEDGES: Najib Fares, P.E., Infrastructure Manager, TPW By: By: RiIT. srallah, P.E., street Program Manager 00 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FoR� H COUNCIL ACTION: Approved on 7/21/2009 DATE: 7/21/2009 REFERENCE C-23669 LOG NAME: 20CRITICAL 2007 CAPITAL NO.: PROJECT/HUNTER CREEK DR CODE: C TYPE: NOW PUBLICCONSENT HEARING: NO SUBJECT: Authorize a Contract with ProCon Paving and Construction in the Amount of $241,557.50 .,, for the 2007 Critical Capital Project for Total Reconstruction of Premature Failed Streets at Hunters Creek Drive we RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with ProCon Paving and Construction in the amount of $241,557.50 for 50 calendar days for the 2007 Critical Capital Project at Hunters Creek Drive, from 235 feet west of Garden Springs Drive to 325 feet west of Hunters Creek Court. 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 premature failed streets at various locations. This project provides for: Total Reconstruction of Premature Failed Streets at Hunters Creek Drive (from 235 feet west of Garden Springs Drive to 325 feet west of Hunters Creek Court). 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 April 2, 2009, and April 9, 2009. On April 30, 2009, the following bids were received: Bidders Amount ProCon Paving and Construction $241,557.60 Advanced Paving $262,413.00 McClendon Construction Company, Inc. $269,614.85 Stabile and Winn, Inc. $293,871.00 McMahon Contracting, L.P. $295,439.50 JLB Contracting, LLC $298,311.10 PAEE Corporation $299,149.00 Conaster Construction TX, L.P. $310,375.00 Estrada Concrete Company, LLC $343,132.50 Ed A. Wilson, Inc. $398,850.00 Jackson Construction, Ltd. $433,777.00 ProCon Paving and Construction is in compliance with the City's M/WBE Ordinance by committing to y 30 percent M/WBE participation. The City's goal on this project is 21 percent. These projects are located in COUNCIL DISTRICT 6. http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1785&eouncildate=7/21/2009 8/14/2009 Md4 - Kevicv+ Page 2 of 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 202240133083 $241.557.50 Submitted for Citv Manaaer's Office by: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 20CRITICAL Hunter Creek 1.pdf Now MR wo MP Fernando Costa (6122) William Verkest (8255) George Behmanesh (7914) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1785&councildate=7/21/2009 0 8/14/2009 aw SPECIFICATIONS AND CONTRACT DOCUMENTS ., 2007 CRITICAL CAPITAL PROJECT FOR TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr. To 325 ft. West of Hunters Creek Ct.) aw •• IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO.01329 TPW PROJECT NO. C295-541200-202240132983 i NXJIB F S, P. DATE i INFRASUCTURE MANAGER TRANSPORTATION AND PUBLIC DEPARTMENT DAVID TOWN§EM44P.E. DATE ftw ENGINERRING MANAGER WATER DEPARTMENET TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Minority and Women Business Enterprise Specifications 4. Proposal 5. Special Provisions 6. Item 360, Concrete Pavement (Modified Specification) 7. Prevailing Wage Rates 8. Vendor Compliance 9. Contractor Compliance with Worker's Compensation Law 10. Certificate of Insurance 11. Equipment Schedule 12. Experience Record 13. Performance Bond 14. Payment Bond 15. Maintenance Bond 16. Contract 17. Notice of Construction Detail 18. Project Designation Sign Detail 19. Other Details Sealed Proposals for the following: 2007 CRITICAL CAPITAL PROJECT: TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS: HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr, To 325 ft. West of Hunters Creek Ct.) IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01329 TPW PROJECT NO. C295-541200-202240132983 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, April 30th, 2009, and then publicly read y aloud at 2:00 P.M., in the Council Chambers. 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, April 16th, 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: 4,900 S.Y. 7" Concrete Pavement 5,050 S.Y. 6" Lime Stabilized Subgrade 91 TON Lime Stabilized Subgrade (36lbs/sy) 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: April 2nd, 2009 April 9th, 2009 WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT % By: Riad Nusrallah, P.E. Street Program Manager C�, w SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. w 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 .M application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. .� The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to .� proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as annroximate 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. MW SPITIN. INSTRUCTIONS TO BIDDERS -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. ow 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 MW equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants �., supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A 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 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 from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds 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 „p SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City LIQUIDATED DAMAGES: The Contractor's attention is called to Part I - 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. f 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 ,N, Construction is deleted and replaced with the following: MW Compliance with and Enforcement of Prevailing Wage Laws A. Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. B. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 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 r� SPECIAL INSTRUCTIONS FO BIDDERS -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 MW 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 -W 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 MW 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. E. Records to be Maintained. VW 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. Um F. Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the •m contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the •— site of the project at all times. H. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. 1. (Wage rates are attached following the end this section.) `" 9. FINANCIAL STATEMENT: A current certified financial statement may be required by 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 0.&� SPI'.CIAI, INSTRUCTIONS TO BIDDERS -4- wo r prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. ,. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non - owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. .. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional we insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. MW B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on 4- 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 Im 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 No solvency. F. Deductible limits, or self -funded retention limits, on each policy must not exceed VW $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. I-1. 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 -5- VM Mr recovery in favor of the City. 1. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance .policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. 12 "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 funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. MINORITY/WOMI1:N 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 frnm the Office of the City Secretary. SPECIAL INSTRUCTIONS'rO BIDDERS -6- No .. 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. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the 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 agreement(s) have been received. no Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: r • 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 a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE 'r 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 INSTRUCTIONSTO BIDDERS -7- W& _ • 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. No If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Aparoval of Change Form to the M/WBE Office explaining the request for the change or deletion. ow 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 .w considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after aw receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Revort 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) MW 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 INSTRl1CTIONS TO BIDDERS -8- 4 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final .. punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a pfegr-ess 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. SW 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 .w periods in excess of I 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 Emittina", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions. or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH *� DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. - 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: SPECIAL INSTRUCTIONS'rO BIDDERS -9- r A. Definitions: no 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 am 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 WO project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. vo 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 foodibeverage .» vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification .0 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- rt E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; . , (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate •r 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 -11- lop _ (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. .. VW 1W J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. 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 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 has provided the required coverage, or to report an employer's failure to provide coverage." 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 �connection with such employment, advancement or discharge of employees or in :. connection with the terms, conditions or privileges of their employment, discriminate s W 1.. SPECIAL INSTRUCTIONSTO BIDDERS - 12- .. .o against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. MW i 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. 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. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms 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 SPR IAI. INSTRUCTIONS To BIDDERS -13- r_:a we HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 { Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 { Batching Plant Weigher $14.15 { Broom or Sweeper Operator { $ 9.88 { Bulldozer Operator S 13.22 { Carpenter $12.80 { Concrete Finisher, Paving $12.83 Concrete Finisher, Structures $13.27 1 Concrete Paving Curbing Machine Operator { S12.00 { Concrete Paving Finishing Machine Operator $13.63 { Concrete Paving Joint Sea_jer Operator $12.50 { Concrete paving Saw Operator $13.56 { Concrete Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane, Clamsheil, Backhoe, Derrick, Dragline, Shovel Operator $14.12 Electrician I $18.12 Flagger S 8.43 Form Builder/Setter, Structures $11.63 Form Setter Paving 8c Curb $11.83 Foundation &'11 Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted { $16.30 Front End Loader Operator $12.62 Laborer, Common ' S 9.18 Laborer, Utility { $10.65 { Mechanic j $16.97 Milling Machine Operator, Fine Grade { $11.83 Mixer Operator I S 11.58 { Motor Grader Operator, Fine Grade I $15.20 { Motor Grader Operator, Rough + $14.50 { Oiler { $14.98 1 Painter, Structures I $13.17 { Pavement Marking Machine Operator i $10.04 1 PiRelayer I $11.04 { Reinforcing Steel Setter, Paving { $14.86 { Reinforcing Steel Setter, Structure I $16.29 Roller Operator, Pneumatic, Self -Propelled I $11.07 Roller Operator, Steel Wheel, Flat eel/Tamping I $10.92 I Roller Operator, Steel Wheel, Plant Mix Pavement I $11.28 { Scra?err operator S11.42 { Servicer S 12.32 { Slip Form Machine Operator { $12.33 Spreader Box Operator { S10.92 Tractor Operator, Crawler Type { $12.60 Tractor Operator, Pneumatic { $12.91 { Traveling Mixer Operator { $12.03 Truck Driver, Lowboy -Float I $14.93 { Truck Driver, Single Axle, Heavy I $11.47 { Truck Driver, Singe Axle, Light { $10.91 Truck Driver, Tandem Axle, Semi -Trailer { $11.75 Truck Driver, Transit -Mix { $12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator { S 14.00 Welder { $13.57 Work Zone Barricade Servicer { $10.09 PROPOSAL TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST �- FORT WORTH, TEXAS 76102 FOR: 2007 CRITICAL CAPITAL PROJECT TOTAL RECONSTRUCTION OF PREMATURE FAILED STREET: rl HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr. To 325 ft. West of Hunters Creek Ct.) CITY PROJECT NO.01329 TPW PROJECT NO. C295-541200-202240132983 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 (t) 25% of the contract award. The contractor is not entitled to any additional I compensation or renegotiation of individual pay item bid prices. 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 performing and completing the said work within the time stated and for the following sums, to -wit: P-1 LIJ 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 4,900 S.Y. Remove Existing 5-inch Reinforced 104 Concrete Pavement @ � IXV`'L Dollars & PMI� am c �o y Cents Per S.Y. $ y $ 210 4 5,050 S.Y. 6-inch Lime Stabilized Subgrade 212 --1 Aktf- Dollars & ►F t I Cents Per S.Y. $ $ 210 5 91 TON Lime for Subgrade Stabilization 212 (36 lbs/S.Y.) C' Y1L Hny " 4Dollars I 30 & km Cents Per TON $ Q $ 1 O t S.P. 6 4,900 S.Y. 7-inch Reinforced Concrete 314 Pavement @ TWCJA `( 5 �o Q � �� L4V 306 (X _Dollars $ $ _ & Cents Per S.Y. S.P. 7 3,100 L.F. 7-inch Integral Concrete Curb @ 502 V T Dollars & ►J-U� Cents Per L.F. $_ S.P. 8 25 S.Y. Remove and Replace Failed Reinforced 104 Concrete Panels @ 314 �( F i VC. Dollars pp 360 & AJ6 Cents per S.Y. $ 4 5 P-2 $ 00.E $ 111 15 "eta SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 9 100 L.F. Remove and Replace 7-inch 104 Concrete Curb @ 502 73&KC Dollars & k) CT Cents L.F. Qp per S.P. 10 2,500 S.F. Remove and Replace 6-inch 104 Concrete Driveway @ 504 f0wr Dollars 5 & F A: �- Y Cents per S.F. $ $ S.P. 1 ] 225 S.F. Remove and Replace 4-inch 104 Concrete Sidewalk @ 504 Dxftcl Dollars jp �� , 56 & V VF N Y Cents per S.F. $ $ S.P. 12 300 S.F. Remove and Replace 4-inch Concrete 104 ADA Wheelchair Ramp with Dome- 504 Tiles @ _TWL'��� �oh1r Dollars �i $,(3 $ & Cents per S.F. S.P. 13 100 S.F. New 4-inch ADA Concrete Wheelchair 504 Ramp with Dome -Tiles @ .__5 ti hV_V,L 1 _ Dollars 'p o C & _AL6 Cents per S.F. $ $ _ S.P. 14 5,000 L.F. Silicon Joint Sealant for Concrete 314 Pavement @ AI 6 Dollars & Yliul*y R V C.. Cents Per L.F. 9 $ Q' C m o $ f J S.P. 15 100 C.Y. Flex Base @ 208 _S k-d-ce V1 Dollars & _� O' Cents Per C.Y. 16 ' UO $ • °" S.P. 16 325 C.Y Unclassified Street Excavation @ 106 1 vtt. f Dollars $ $ 0? a� & _—A fr Cents Per C.Y. P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 17 10 C.Y. Concrete for Replaced Panels 312 Sub Base as Needed @ 360 TvJ U/�T Y i V Dollars ,per S.P 18 114 S.P 19 116 S.P 20 116 S.P. 21 450 S.P. 22 450 S.P. 23 450 S.P. 24 S.P. 25 & A/ d' Cents Per C.Y. $� $0 J4 1,800 C.Y. Utility Trench Repair @ M i n Dollars & Per C.Y. $ • G� $� _�/ a' Cents 400 C.Y. Borrow — Unclassified Fill for Trench Repair �@ s)v Dollars $ b $ & " AJ O' Cents Per C.Y. 75 C.Y. Top Soil @ 4Ji %iPJ@_,Vl Dollars & A j 6-6 Cents Per C.Y. 4 Ea. Manhole — Adjustment @ 7;O14%,%rJj^LLP0YDollars r1� $ P�So' $ �,o� •b� & At Cents Per Ea. 1 Ea. Water Valve Adjustment @ N%&"%,.v,� 5'►� bollars ' SO,., 1's ©. m� & APT- Cents Per Ea. $ $ 1 Ea. Water Meter Adjustment @ �' he �{�►kd,tid.�;Ft'Y Dollars 1 ISO • � � & /�I�� Cents Per Ea. $ —so" $ 325 S.Y. Grass Sod Replacement @ —Y�0,YtA-, Dollars $ 9 1 �^ � 1 & /v 6 Cents Per S.Y. 12 Ea. Painting Curb House Addresses @ TWC�K'�1� Dollars $ ^ O� ono 'aQ $ �O & / Cents Per Ea. P-4 i SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT ITEM ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE TOTAL BID P-5 TOTAL AMOUNT BID LA ��� • s� 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 fifty (50) Calendar 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 fonnal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached check in the sum of Dollars ($ ) is to become i 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 (10) calendar days, a $200 dollars liquidated damage will be assessed Der Block Der day. 1 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: R !ctfully submitted, Addendum No. I (Initials) —� ►~ I�G V ► •� t ��,., tf r , ! i 0 �� Addendum No. 2 (Initials) , Compaily Name / Addendum No. 3 (Initials) _ By: c v ' Sig, e (Seal) JJ — r4 ► �c N L 19/� Pr' ted Name of Principal Q _ �% Address: /03C 11 �✓1 C<< <'�A ✓�C/ E-mail Address: Ji ?SLZL j Date: U � Telephone: Cw w 1 :76" P-6 IM we we 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. Bidder: �ry COS -n A /c-R/4u : Company y: (Please print) Address ignatu� City State Zip Title (Please print) THIS FORM MUST BE RETURNED WITH YOUR OUOTATION MIWBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works -'9Pr13:45 r'AID Official Date: `-Y /_�/� Official Time: ;F Bid Date: l Project Name: Project Manager: Forms Submitted By Name: Ala-Izrl Company: /�I) 4i/c- Received By:�'/ FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $26,000 or more, the MMSE goal Is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE qoal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is_% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Ofteror shall dealer time MWBE documerttadon in person to the rppmpriats employee of the managing department and obtain a dato/dme rectelpt Such renipt shall be evidence that to Cdy toostvad the documentedon In th0 tine allocated. A fbxed copy wM not be accepted. 1. Subcontractor Utilization Form, if goal is I received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE participation: 4. Prime Contractor Waiver Form, if you will j perform all subcontracting/supplier work: S. Joint Venture Form, if utilize a joint venture to met or exceed goal. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 11 1105 ATTACHMENT IA Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime °� M=/DBE NON-M/W/DBE PROJECT NAME: ` Q�Cdu.\rHC4*kvQrev.k -.4. V'Chk � S�. I IDD/TE - -- �uJ �jG / o City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PRO ECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1' tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/VVBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/VVBE credit. The M/VVBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT 1A '. om FORTWTH �—)!—j9rU-'4,i ['A1. Page 2of4 Primes are required to identify ALL subcontractors/suppliers, regardless of status, i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N 0 SUBCONTRACTOR/SUPPLIER T (check one) n Company Name i N T Detail Detail M W C X M Subcontracting Work Supplies Purchased Dollar Amount Address I Telephone/Fax r B B R O B E E C T E A KvkN^00\ J., \ 0 i ske.. \ c ' \ \/ V Q-4uC14 Eck COACrakt /u0 Li G6 Rev. 5/30/03 ATTACHMENT IA FORT WO TH ' =� I ' - ► d I Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MNVBEs. Please list MNVBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax Certification N (check one) o T n N T Detail C X m Subcontracting Work e M W T D NW r B B R 0 B E E C T E A Detail Supplies Purchased Dollar Amount Rev. 5/30103 ATTACHMENT IA Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ r Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 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 ChangWAddldon. 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. 4uthorized Signature �f'0a1�„r.i Title `n Company Name V to 361 c WPVON Addness _ 'T'> -�' \\ City/Statemp Prs S S O re 0 YYA 1 Contact Namelritle (if different) 9-4t-$3o gLlL (.,.`lagS�6g o Telephone and/or Fax Email Address Date 5('� tj c1 Rev. 5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe r) ` 11 prime PROJECT NAME: J 1 �— I M/W/DBE NON-M /W/DBE +Q lr rw sA, BID DATE l __1 16 City's MWBE Project Goal: I PRO ECT NUMBER (2> \ '3 2I If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2"° tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities i List of Supplier Opportunities YICA \ e, u� , S ��' i71Y r Rev. 05/30/03 ow ATTACHMENT IC Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes No Date of Listing ` / I / C.) of 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) :�2:No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ZY&S (if yes, attach list to include name of MMIBE firm, person contacted, phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which Is to provide MMIBE name, date, time, fax number and documentation faxed. NOTE: If the list of MMIBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ae„ ns/aninz MW J`'-"JI-,JC;P);:49 ,,FI ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M1WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed wastwere contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE O ice. ;�� J /M AsQgy) V H A-IyA Authorized Signature / Printed Signature Title Contact Name and Title (if different) �)q\/.v%� ,.CON L-�,/ Of I Z aaz soG 2?U Company Named Phone Number Fax Number \UkA6%10%— Au Address Email Address G1 City/State/Zip Date No Pa. naianinz SPECIAL PROVISIONS FOR: 2007 CRITICAL CAPITAL PROJECT TOTAL RECONSTRUCTION OF PREMATURE FAILED STREET: HUNTERS CREEK DR. (From 235 ft. West of Garden Springs Dr. To 325 ft. West of Hunters Creek Ct.) CITY PROJECT NO. 01329 TPW PROJECT NO. C295-541200-202240132983 1. SCOPE OF WORK: The work covered by these specifications, includes the removal of existing concrete pavement, and the construction of 7-inch reinforced concrete pavement on 6-inch lime stabilized subgrade for the above street as directed by the Engineer, and referenced plans for top of curb elevations. 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 fourteen (14) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to be in the work within fourteen (14) — calendar 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. 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 SP-1 M 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 seven calendar day period is required for the rescheduling of a final inspection. The Contractor also agrees to complete the final punch list within fourteen (14) calendar days after receiving it. If the Contractor fails to complete the work within fourteen (14) calendar days, the counting of the number of days to complete the Contract will resume. and liquidated damages shall be charged, as SP-2 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 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 calendar 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. 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: 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. SP-3 "• 6. 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 r 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 n Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 7. 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. 8. 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) vears 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: 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 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. SP-4 wo A traffic control Dian shall be submitted for review to Mr. Charles R. Burkett. Citv Traffic Engineer nu,817-392-8712 at least fourteen (14) calendar days prior to the Dreconstruction conference. Although T 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. SP-5 Im 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any street in this contract, the contractor shall, prepare and deliver a 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 can be obtained from the Office of the Transportation and Public Works Department (817) 392-2729 .s It will be the contractor's responsibility to create and distribute a follow-un 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. 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 300' 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. SP-6 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 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 the City of Fort Worth in the use of vacant property for storage purposes. 17. PROPERTY ACCESS: 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. 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 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 undated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. SP-8 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: "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 SP-9 aw w 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. 22. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. SP-10 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The •. provisions of the sub -section as related to "substitutions" shall be applicable to all sections of these specifications. 23. 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. 25. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained written permission .o 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". SP-11 28. CONSTRUCTION: The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all w 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 pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.). 29. QUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any 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. (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 Urban Forestry Office • at (817) 392-7933. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 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 0 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) calendar 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 fourteen (14) calendar days. If the Contractor is not in agreement, then the Contractor is required to, within seven (7) calendar days, arrange a field trip with the assigned inspector to show proof of the difference. SP-14 NON -PAY ITEM NO.6 - EXISTING UTILITIES/FACILTTIES: 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: Companv Telephone Number Contact Person SBC— Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric 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 - 2 699 Mr. Roger Hauser 817-925-2360 Cell CFW - Sewer 817 - 212 - 2 69 9 Mr. Rick Davis 817-944-8399 Cell SP-15 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. 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 Wo 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. SP-16 .. PAY ITEM No. 3 — Remove Existing 5-inch Reinforced Concrete Pavement: This item shall include the removal of existing 5-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". For all driveways that are NOT marked for removal and replacement, the Contractor may remove portion of the existing driveway approach (from the gutter line to approximately one (1) foot behind the curb line) to allow for room for the paving machine. The joint shall be replaced at the new and existing pavement. The removal of the portion driveway approach will be paid under this item and the replacement will be paid under PAY ITEM No. 6 — 7-inch Reinforced Concrete Pavement. and PAY ITEM No. 7 — 7-inch Inteeral Concrete Curb. 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. 4 — 6-inch Lime Stabilized Subarade: 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 square yard will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM No. 5 — 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. 6 — 7-inch Reinforced Concrete Pavement: For specifications governing this pay item, see the 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. SP-17 .. 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: 8.2. When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. ■+ 8.3. 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. 8.4. 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. 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. 7 — 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. SP-18 1W PAY ITEM No. 8 --- Remove and Replace Failed Reinforced Concrete Panels: This item shall include the removal and replacement of all failed 5-inch reinforced concrete pavement and replacing with a minimum of 7-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 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 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. 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. 9 — 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 meeting 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. 15, "Flex Base". If failed concrete pavement has a death that is less than 7-inches (distance between top of new pavement surface and re -compacted subgrade surface), the Contractor shall remove excess subarade material. SubQrade must be re -shaped and re -compacted to allow a replaced 7-inches thick concrete pavement section. Cost of removing and proper disposal of excess excavated material shall be covered under Pay Item No. 16 Unclassified Street Excavation. SP-19 JW If replaced pavement section depth exceeds 7-inches and subgrade meets compaction requirements, the Contractor must pour a uniform pavement section exceeding 7-inches in depth. The cost of additional concrete shall be covered under PAY ITEM No. 17 — 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 TV -De I, or Tvne III cement. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type A water -reducing 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 -retarding admixture will not be permitted. The concrete shall be designed to achieve a minimum compressive strength of 3,000 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 Engineer. PAY ITEM No. 9 — 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 SP-20 _._J 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 pavement per enclosed detail sheet. Concrete slab shall be paid for under Pav Item No. 8 — Remove and Replace Failed Reinforced Concrete Panels, and the replacement of the curb shall be paid 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 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.10 — 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 standing water with same day haul -off of the removed material to a suitable dump site. 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-S 5 of the Standard Specifications. 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. SP-21 PAY -ITEM NO. 11 — 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 standing 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 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. 12 — 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 standing 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. 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. 7 — 7-inch Intearal 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. SP-22 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 corner 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. 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. PAY -ITEM NO. 13 — New Standard 4-Inch ADA Wheelchair Ramp with Dome -Tiles: This item shall include the construction of new Dome -Tiles 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. SP-23 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 and gutter as required for the installation of new wheelchair ramps shall be included in PAY ITEM NO. 7 — 7-inch Inteeral 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 corner 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 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 SP-24 '• 0, 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. 14 — Silicon Joint Sealing for Concrete Pavement: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION For SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 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. 1. MATERIALS I.I. 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. 1.2. 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. 1.3. 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 AS SUPPLIED **** Non Volatile Content, % min. MIL-S-8802 Extrusion Rate, grams/minute ASTM D 1475 Specific Gravity **** Skin -Over Time, minutes max. * * * * Cure Time, days * * * * Full Adhesion, days Requirement 96 to 99 275 to 550 1.206 to 1.340 60 14 to 21 14to21 SP-25 4" 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.) s ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) low 1.4. 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. 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 "greed' saw -cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 3. EQUIPMENT 3.1. 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: _ 3.2. Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. .. 3.3. High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw -cut joint. 3.4. Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow -tube shall fir into the saw -cut joint. 3.5. Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. SP-26 i 3.6. Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 3.7. Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 3.8. 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. 4. CONSTRUCTION METHODS 4.1. General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations. 4.2. 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. 4.3. Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one -direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one ••• to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown -out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 4.4. 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. SP-27 00 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. 5. 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. 6. 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. 15 — Flex Base: This item addresses subgrade that has irregularities, weak spots; ruts, and not meeting compaction requirements. Contractor shall replace subgrade with flexible base material as directed. Application of flexible base material shall be in accordance with standard specification Item No. 208, "Flexible Base". Measurement is in cubic yards and shall cover actual area of material used. Payment is full compensation and covers the cost of labor, material, and equipment used in excavating and hauling Aw 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. 16 — Unclassified Street Excavation: This item covers the cost of removing excess subgrade material in areas where the existing failed pavement section is less than 7-inches in thickness and the proposed pavement is 7-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". SP-28 ". 4' 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 40 am .. .. Representative. PAY ITEM No. 17 — Concrete for Replaced Panels Sub Base as Needed : This item covers the cost of additional concrete used in the replaced pavement sections that exceeds 7-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. 8 — Remove and Reulace Failed Reinforced Concrete Panels. 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.18 — 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. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. The unit price bid per cubic yard shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. SP-29 PAY ITEM NO. 19 — 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 passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non -expansive earth fill. 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.20 — 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.21 — 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. 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. SP-30 PAY ITEM NO.22 — Water Valve Adiustment: Contractor will be responsible for adjusting water valve boxes to match new pavement grade as directed by the a.- 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.23 — Water Meter Box Adiustment: This item only applies when the adjacent curb and gutter has been removed and replaced and has been .r authorized by the assigned inspector. The adjustment shall include raising or lowering the existing water meter box to the proper grade. us 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.23 — 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. ■ 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. SP-31 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.24 — Painting 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. •• 0 Surface preparation and application shall be in strict compliance with manufacturer's recommendations. aw a • 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-32 NOTE: THiS SPECIFICATION HAS BEEN MODIFIED TO DELETE NON - APPLICABLE ITEMS FOR USE AS A GUIDE SPECIFICATION FOR CITY STREETS. Item 360 CONCRETE PAVEMENT 300.1. Description. Construct Portland cement concrete pavement with or without curbs on the concrete pavement 300.2. Materials. A. Portland Cement Concrete. Provide Portland cement concrete to meet a minimum compressive strength of 3,000 psi at 28 days; unless shown otherwise in the contract documents. Use Class A concrete for curbs that are placed separately from the pavement. Provide concrete that is workable and cohesive, possesses satisfactory finishing qualities, and conforms to the mix design and mix design slump. B. Reinforcing Steel. Provide Grade 60 deformed steel for bar reinforcement. Provide approved positioning and supporting devices (baskets and chairs) capable of securing and holding the reinforcing steel in proper position before and during paving. Provide corrosion protection when shown on the plans. 1. Dowels. provide Grade 60 smooth, straight dowels of the size shown on the plans, free of burrs or deformations. Coat dowels with a thin film of grease or other approved de -bonding material. Provide dowel caps, on the lubricated end of each dowel bar used In an expansion joint. Provide dowel caps filled with a soft compressible material with enough range of movement to allow complete closure of the expansion joint, 2. Tie Bars. Provide straight deformed steel tie bars. Provide either multiple piece tie bars or single -piece tie bars as shown on the plans: Provide multiple -piece He bars composed of 2 pieces of deformed reinforcing steel with a coupling capable of developing a minimum tensile strength of 125% of the design yield strength of the deformed steel when tensite-tested in the assembled configuration. Provide a minimum length of 33 diameters of the deformed steel in each piece. C. Curing Materials. Provide Type 2 membrane curing compound conforming to DMS-4650, 'Portland Cement Concrete Curing Materials and Evaporation Retardants.' D. Epoxy. Provide Type IiI epoxy in accordance with DMS-6100, 'Epbxies and Adhesives,' for installing all drilled -in reinforcing steel. E. Evaporation Retardant. Provide evaporation retardant conforming to DMS-4650, 'Portland Cement Concrete Curing Materials and Evaporation Retardants.' F. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint -sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size, shape, and type shown on the plans in accordance with DMS-6310, `Joint Sealants and Fillers.' 300.3. Equipment. Furnish and maintain all equipment in good working condition. Use measuring, mixing, and delivery equipment conforming to the requirements of Item 421, 04 `Portland Cement Concrete.' Obtain approval for other equipment used. A. Placing, Consolidating, and Finishing Equipment. Provide approved self- propelled paving equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine -finished consolidated concrete pavement conforming to plan line and grade. Provide an approved automatic grade control system ort slip -forming equipment. Provide approved mechanically operated finishing floats capable of producing a uniformly smooth pavement surface. Provide equipment capable of providing a fine, light water fog mist. Provide mechanically operated vibratory equipment capable of adequately consolidating the concrete. Provide immersion vibrators on the paving equipment at sufficiently close intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer's recommendations. Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute. Provide enough hand -operated immersion vibrators for timely and proper consolidation of the concrete along forms, at joints and in areas not covered by other vibratory equipment. Surface vibrators may be used to supplement equipment -mounted immersion vibrators. Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved, the paving equipment described in this Section is not required. B. Forming Equipment. 1. Pavement Forms. Provide metal or wood side forms of sufficient cross-section, strength, and rigidity to support the paving equipment and resist the Impact and vibration of the operation without visible springing or settlement. Use forms that are free from detrimental kinks, bends, or warps that could affect ride quality or alignment. Provide fie) ble or curved metal or wood forms for curves of 100-f#. radius or less. .2. Curb Forms. Provide curb forms for separately placed curbs that are not sGpformed that conform to the requirements of item 529, `Concrete Curb, Gutter, and Combined Curb and Gutter.' C. Reinforcing Steel Inserting Equipment. Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details. D. Texturing Equipment. 1. Carpet Drag. Provide a carpet drag mounted on a work bridge or a moveable support system. Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture. Obtain approval to vary the length and width of the carpet to accommodate specific applications. Use an artificial grass -type carpet having a molded polyethylene pile face with a blade length of 5/8 in. to 1 in:, a minimum weight of 70 oz. per square yard, and a strong, durable, rot - resistant backing material bonded to the facing. 2. Tining Equipment. Provide a self-propelled transverse metal tine device equipped with 4-in. to 6-insteel tines and with cross-section approximately 1/32 in. thick by 1/12 in. wide, spaced at 1 in., center -to -center. Hand -operated tining equipment that produces an equivalent texture may be used only on small or irregularly shaped areas or, when permitted, in emergencies due to equipment breakdown. (I ?- 2 E. Curing Equipment. Provide a self-propelled machine for applying membrane curing compound using mechanically pressurized spraying equipment with atomizing nozzles. Provide equipment and controls that maintain the required uniform rate of application over the entire paving area. Provide curing equipment that is independent of all other equipment when production rates are such that the first application of membrane curing compound cannot be accomplished immediately after texturing and after free moisture has disappeared. Hand -operated pressurized spraying equipment with atomizing nozzles may only be used on small or irregular areas or, when permitted, in emergencies due to equipment breakdown. F. Sawing Equipment Provide power -driven concrete saws to saw the joints shown on the plans. Provide standby power -driven concrete saws during concrete sawing operations. Provide adequate illumination for nighttime sawing. G. Grinding Equipment. When required, provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades. Provide equipment with automatic grade control capable of grinding at least a 3-ft. width longitudinally in each pass without damaging the concrete. 300.4. Construction. Obtain approval for adjustments to plan grade -line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage. Maintain subgrade or base in a smooth, clean, compacted condition in conformitywith the required section and established grade until the pavement concrete is'placed. Keep subgrade or base damp with water sufficiently in advance of placing pavement concrete. Adequately light the active work areas for all nighttime operations, if required. A. Reinforcing Steel and Joint Assemblies. Accurately place and secure in'position all reinforcing steel as shown on the plans. Place dowels at mid -depth of the pavement slab, parallel to the surface. Place dowels for transverse contraction joints parallel to the pavement edge. Tolerances for location and alignn7ent of dowels will be shown on the plans. Stagger the longitudinal reinforcement splices to avoid having more than 1/3 of the splices within a 2-ft. longitudinal length of each lane of the pavement. Use multiple -piece tie bars or drill and epoxy grout tie bars at longitudinal construction joints. 1. Manual Placement. Secure reinforcing bars at alternate intersections with wire ties or locking support chairs. Tie all splices with wire. 2.. Mechanical Placement. If mechanical placement of reinforcement results in steel misalignment or improper location, poor concrete consolidation, or other inadequacies, complete the work using manual methods. B. Joints. Install joints as shown on the plans. Clean and seal joints in accordance with Item 438, `Cleaning and Sealing Joints and Cracks (Rigid Pavement and Bridge Decks).' Repair excessive spalling of the joint saw groove using an approved method before installing the sealant. Seal all joints before opening the pavement to all traffic. When placing of concrete is stopped, install a rigid transverse bulkhead, accurately notched for the reinforcing steel and shaped accurately to the cross- section of the pavement 1. Placing Reinforcement at Joints. Where the plans require an assembly of parts at pavement joints, complete and place the assembly at the required location and elevation with all parts rigidly secured in the required position. Accurately notch joint materials for the reinforcing steel. CP-3 2. Curb Joints. Provide joints in the curb of the same type and location as the adjacent pavement Use expansion joint material of the same thickness, type, and quality required for the pavement and of the section shown for the curb.• Extend expansion joints through the curb. Construct curb joints at all transverse pavement joints. For non -monolithic curbs, place reinforcing steel into the plastic concrete pavement as shown on the plans unless otherwise approved. Form or saw the weakened plane joint across the full width of concrete pavement and through the monolithic curbs. C. Placing and Removing Forms. Use clean and oiled forms. Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment. Pin every form at least at the middle and near each end. Tightly join and key form sections together to prevent relative displacement Set side forms far enough in advance of concrete placement to permit inspection. Check conformity of the grade, alignment, and stability of forms immediately before placing concrete, and make all necessary corrections. Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met. Stop paving operations if forms settle or deflect more than 1/8 in. under finishing operations. Reset forms to line and grade, and refinish the concrete surface to'correct grade. Avoid damage to the edge of the pavement when removing forms. Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr. after form removal unless otherwise approved. Clean joint face and repair honeycombed or damaged areas within 24 hr. after a bulkhead for a transverse construction joint has been removed unless otherwise approved. When forms are removed before 72 hr. after concrete placement, promptly apply membrane curing compound to the edge of the concrete pavement Forms that are not the same depth as the pavement but are within 2 in. of that depth are permitted if the subbase is trenched or the full width and length of the form base is supported with a firm material to produce the required pavement thickness. Promptly repair the form trench after use. Use flexible or curved wood or metal forms for curves of 100-ft. radius or less. D. Concrete Delivery. Clean delivery equipment as necessary to prevent accumulation of bid concrete before loading fresh concrete. Use agitated delivery equipment for concrete designed to have a slump of more than 5 in. Segregated concrete is subject to rejection. Place agitated concrete within 60'min. after batching. Place non -agitated concrete within 45 min. after batching. In hot weather or under conditions causing quick setting of the concrete, times may be reduced by the Engineer. Time limitations may be extended if the Contractor can demonstrate that the concrete can be properly placed, consolidated, and finished without the use of additional water. E. Concrete Placement Do not allow the pavement edge to deviate from the established paving line by more than 1/2 in. at any point. Place the concrete as near as possible to its final location, and minimize segregation and rehandling. Where ; hand spreading is necessary, distribute concrete using shovels. Do not use her or vibrators to distribute concrete. 1. Pavement Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment Use immersion -type vibrators that simultaneously consolidate the full width of the placement when machine finishing. Keep vibrators from dislodging reinforcement Use hand -operated 0 M vibrators to consolidate concrete in areas not accessible to the machine -mounted vibrators. Do not operate machine -mounted vibrators while the paving equipment is stationary. 2. Temperature Restrictions. Place concrete that is between40°F and 95°F at the time of discharge, except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum. Take immediate corrective action or cease concrete production when the concrete _ temperature exceeds 95°F. Do not place concrete when the ambient temperature in the shade is below 40OF and falling unless approved. Concrete may be placed when the ambient temperature in the shade is above 35°F and rising or above 40°F. When temperatures warrant protection against freezing, protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period. Submit for approval proposed measures to protect the concrete' from anticipated freezing weather for the first 72 hr. after placement. Repair or replace all concrete damaged by freezing. F. Spreading and Finishing. Finish all concrete pavement with approved self- propelled equipment Use power -driven spreaders, power -driven vibrators, power - driven strike -off, and screed, or -approved alternate equipment. Use the transverse finishing equipment to compact and strike off the concrete to the required section and grade without surface voids. Use float equipment for final finishing. Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface. Use the minimal amount of water fog mist necessary to maintain a moist surface. Reduce fogging if float or straightedge operations result In excess slurry. 1. Finished Surface. Perform sufficient checks with long -handled 10-ft. and 15-fL straightedges on the plastic concrete to ensure that the final surface is'within the tolerances specified in the contract documents. Check with the straightedge parallel to the centerline. 2. Maintenance of Surface Moisture. Prevent surface drying of the pavement before application of the curing system. Accomplish this by fog applications of evaporation retardant on the pavement surface. Apply evaporation retardanfat the rate recommended by the manufacturer. Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied. Do not use evaporation retardant as a finishing aid. 3. Surface Texturing. Perform surface texturing using a combination of a carpet drag and metal tining, if required by the contract documents. Complete final texturing before the concrete has attained its initial set. Draw the carpet drag longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. Operate the metal -tine device to obtain grooves spaced at 1 in., approximately 3116 in. deep, with a minimum depth of 118 in., and approximately 1/12 in. wide. Do not overlap a previously tined area. Use manual methods for achieving similar results on ramps and other irregular sections of pavements. Repair damage to' the edge of the slab and joints immediately after texturing. Do not tine pavement that will be overlaid. 4. Small or irregular Placements. Where machine placements and finishing of concrete pavement are not practical, use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade. 5. Emergency Procedures. Use hand -operated equipment for applying texture, evaporation retardant, and cure in the event of equipment breakdown. G. Curing. Keep the concrete pavement surface from drying by water fogging until the curing material has been applied. Maintain and promptly repair damage to curing materiaCs on exposed surfaces of concrete pavement continuously for at least 3 curing days. A curing day is defined as a 24-hr. period when either the temperature taken in the shade away from artificial heat is above ti0°F for at feast 19 hr. or when the surface temperature of the concrete is maintained above 40"F for 24 hr. Curing begins when the concrete curing system has been applied. Stop concrete paving if ct fine compound is not being applied promptly and maintained adequately. Other methods of wring in accordance with Item 420, `Concrete Struchmes,' may be used when specified or approved. 1. Membrane Curing. After texturing and immediateiy after the free surface moisture has disappeared, spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more that 180 sq. ft per gallon. Apply fhe first coat within 10 min. after completing texturing operations. Apply the second coat within 30 min. after completing texturing operations. Belbre and during application, maintain curing compounds In a uniformly agitated condlilon, free of settlement. Do not thin or dilute the curing compound. Where the coating shows discontinuities or other defects or if rain fails on the newly oosted surface before the film has dried enough to resist damage, apply additional compound at the same rate of coverage to correct the damage. Ensure that the curing compound coats the sides of the fining grooves. H. Sawing Joints. Saw joints to the depth shown on the plans as soon as sawing can be accomplished without damage to the pavement regardless of time of day or weather conditions. Some minor raveling of the saw cut Is acceptable. Use a chalk line, string line, sawing template, or other approved method to provide a Mm joint alignment Provide enough saws to match the paving production rate to ensure sawing conVtetion at the earnest possible time to avid unconkolled cmcidng. Reduce paving production if necessary to ensure timely sawing of joints. Promptly restore membrane cure damaged within the first 72 hr. of curing. 1. Protection of Pavement and Opening to Traffic. Testing for early opening is the responsibility of the Contractor regardless of job -control testing responsibilities unless otherwise shown in the plans or directed. Testing result interpretation for opening to traffic is subject to the approval of the Engineer. 1. Protection of Pavement Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified. Before opening to traffic, protect the pavement from damage due to crossings using approved methods. Maintain an adequate supply of sheeting or other material to cover and protect flesh concrete surface from weather damages. Apply as needed to protect the pavement surface from weather. 2- Opening Pavement to Traffic. Before opening to traffic, dean pavement, place stable material against the pavement edges, seal joints, and perform all other traffic safety related work cP-G 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 Caaital Proiect for Total Reconstruction of Premature Failed Streets at Hunters Creek Drive and City of Fort Worth Project No. C295-541200-202240133083. CONTRACTOR: 04 oD e7emwi., tsy:/� t a/ - ✓ - u Name:' C_/q • �c h �l �l^ Title: h Date: 1/2a /D '-1 STATE OF TEXAS § COUNTY OF TARRANT § • Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thi tday of 0 FARRAH WADE _ Not' P l NOTARY PUBIIic in and for the State of STATE OF TEXAS Texas MY COMM. EXP. 5A-2013 W '\' LM EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has 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 List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Bond Bond Name and Address of Surety Bond# 4375070 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) ProCon Pavinq and Construction , as Principal herein, and (2) SureTec Insurance Company , a corporation organized and existing under the laws of the State of (3) Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Forty One Thousand, Five Hundred Fifty Seven Dollars and Fifty Cents Dollars ($241,557.50) 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 21st 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 Capital Project for Total Reconstruction of Premature Failed Streets at Hunters Creek Drive TPW Project No. C295-541200- 202240133083. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 215t day of July , 2009. MW MW ATTEST: (Princi al) Secretary (SEAL) Jr .IS WWQA Witness as to Principal Procon Paving and Construction PRINCIPAL By. f _ / Name: 7 tA X-TED A - 1—�-% &" j Title:— DA C.1 ti Address: 10361 Bickham Road Dallas, TX 75220 SureTec Insurance Company SURETY ATTEST: By: I j j -1 -k�j /Ijo�fj& Name: Steven J. Zine (kejr3�2� Sectlry Attorney in Fact (S E A L) Address: 9737 Great Hills Trail, Suite 320 Austin, TX 78759 witiiegs to Sur(Ay Telephone Number: 817-329-7007 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. r_ (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. u Bond# 4375070 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) ProCon Pavinq and Construction as Principal herein, and (2) SureTec Insurance Company a corporation organized under the laws of the State of (3) Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Forty One Thousand, Five Hundred Fifty Seven Dollars and Fifty Cents Dollars ($241,557.50) 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 21ST 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 Hunters Creek Drive TPW Proiect No. C295-541200-202240133083. 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 21st day of July , 2009. no as ATTEST: —, — (Principal) Secretary (S E A L) Witness as to Principal — Procon Paving and Construction PRINCIPAL By: f{ Name: �M�13 l�� At -A`= Title: Address: 10361 Bickham Road Dallas, TX 75220 SureTec Insurance Company SURETY ATTEST: By: Steven J. Ziinn�eckerr n Name:—1.�vv'�.^ Secr toy ` Attorn i Fa (S E A L) Address. 9737 Great Hills Trail, Suite 320 Austin, TX 78759 — Wit+s6 a o Surety I Telephone Number: 817-329-7007 i 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# 4375070 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That ProCon Pavinq and Construction ("Contractor"),as principal, and SureTec Insurance Company a corporation organized under the laws of the State of Texas ("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 Two Hundred Fortv One Thousand, Five Hundred Fiftv Seven Dollars and Fiftv Cents Dollars ($241,557.50) 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 21st of July 20 09, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: 2007 Critical Capital Project for Total Reconstruction of Premature Failed Streets at Hunters Creek Drive the same being referred to herein and in said contract as the Work and being designated as project number(s) TPW Project No. C295- 541200-202240133083 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, No WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two) Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Transportation and as Public Works, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or we 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 Is ON Bond# 4375070 null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and i 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 215` day of July , A.D. 2009. ATTEST: p 1 i (Principal) Secretary (S E A L) i r i-H-�N1•L G� � c� tM� Lti Witness as to Principal ATTEST: Sec et ry (S E A L) Procon Paving and Construction PRINCIPAL B, i �� i - ✓ l Name: 1 Title: t, Address: 10361 Bickham Road Dallas, TX 75220 SureTec Insurance Company SURETY By: (i Name: Steven J. Zinec er Attorney In Fact Address: 9737 Great Hills Trail, Suite 320 Austin, TX 78759 WitnbsJ a to Surety I Telephone Number: 817-329-7007 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Md Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. POA #: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Au Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint �. Charles K. Miller, Shannon L. Lewis, Steven J. Zinecker its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate r, seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31I11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company: Be it Resotva that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is Md hereby vested with foul power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atforney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogaizamcs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by airy such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. & it Resolmd, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness if1tereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INSIA610E COMPANY b? " ,' s ~, f4 ` 3: By - State of Texas ss: . County of Harris On this 28h day of October, 2008 before me personally came BJ. King, to me known, who, being by the duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above inst vnent; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order ef]he Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Noory Pubic Suft Ot+f� t'Sgtb.. itrquk 4]'. QOta - _ - Mkhelle Denny, Notary P lie - My commission empires August 27, 201 I, M. Brent Beaty, Assistant Secretary of SURETEC iNSURANCE COMPAW, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is stilt in full force and eif'oct; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 21st day of July 20 09 A.D. M. Brent Beaty, Assis ant Secretary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may cart (713) 8124800 any business day between 8:00 am and 8:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 14366-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmehWI hazards, bio-hazards, hazardous materials, environmental Spills, dontamipation, or cleanup, rtgr the rerrtediaton thereof, nor the consequences to persons, property, or the performance of the bonded 0blr ptio►)s, pf the p=rrence, existence, or appearance thereof. Rev 1.1.06 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 21s' 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 ProCon Pavinq and Construction HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows- 1 . That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: 2007 CRITICAL CAPITAL PROJECT FOR TOTAL RECONSTRUCTION OF PREMATURE FAILED STREETS AT HUNTERS CREEK DRIVE Designated as project number: C295-541200-202240133083 . 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 00 within ten (10) days after being notified in writing to do Department of the City of Fort Worth. to ;eommence the construction of said work s ley the Transportation and Public Works CITY SECRETARY FT. WORTH, TX VV 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 50 (Fifty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 210.00 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 any such iniurv, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or emplovees. 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 iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or emplovees. 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 OFFICIAL tRECUKU C-2 �E CITY CRETAR' q FT. WORTH, TX Y 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 Government 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. 91 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 TWO HUNDED FORTY ONE THOUSAND, FIVE HUNDRED FIFTY SEVEN THOUSAND AND FIFTY CENTS $241,557.50 0 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. �. OFFICIAL RECORD r CITY SECRETARN C-3 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. AN- 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. -{ OFFICIAL RECORD 'CITY SECRETARY FT. WORTH, TX C-4 %a Done in Fort Worth, Texas, this the 21st day of July , 2009 — APPROVED: G- DIRECTOR, RANSP TATION AND PUBLIC WORKS DEPARTMENT CITY OF FORT WORTH ASSISTANT CITY MANAGER ��Ca P • J • . �� J Ca"Q!f .rCl�� ATTEST: (Contractor) _ (Repre ntative) (TITLE) �036 It 9-', �C-1,-0 ,.. (Z � , (Address) FX, '-767 22D (City/State/Zip) r r r Revised June 2008 CITY SECR ARY (SEAL) C Controt Authorization la► I b5 Date APPROVED AS TO FORM & LEGALITY: ASSI rITY ATTORNEY OFFICIAL RECORD ;ITS' SECRETARY � 1'X 'FT. WORTH,E 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: City Proj. No.: 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 Address of Manufacturer: CONTRACTOR SUPPLIER Name Name Title Title Company Company Phone Number Phone Number 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 Permitting) 1100-1200 Brown street Yates Ave to Keller Springs Pkwy From 5/5/08 to 5/29/08 Nombre del proyecto: Numero del proyecto: Notificacion del Mantenimiento de la Calle Como parte del programs de mantenimiento de las Calles de la Ciudad de Fort Worth, ha sido contratado para 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 preocupacion, por favor llame al contratista al Si no resuelve su preocupacibn a su satisfaccibn, puede tambi6n llamar a la Oficina de inspeccion de la Ciudad de Fort Worth al , de lunes a viemes entre las 7:30 AM y 4:30 PM Despu�s de las 4:30 PM o en los fines de semana llame al (817) 392-8100 Limites Nombre limites Fechas de construccibn de la cuadra de la Calle de proyecto permitiendo el estado de tiemno 1 100-1200 Brown Street Yates Ave a Keller Springs Pkwy de 5/5/08 a 5/29/08 4'-0" PROJECT DESIGNATION SIGN 4,_0„ 1 PMS-2M J 42" 4RT ORTH� 6, 2 PMS -167 \_ A 3" 3" I Project Title 1 3 " I 2ND LINE IF NECESSARY 3 � 12" = Contractor: ,» 21 Names2 72 12"T— Scheduled Completion Date � , 12" i 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 r 5" PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. �I DATE: 9-20-02 I COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA IN UNPAVED AREA 4'-0- (MANHOLE) 2'-0- (WATER VALVE) (8) If 4 BARS, PLACED AS SHOWN. A USE CLASS I" :lk;l '.-i: . (3000 . LB) CONCRETE. A PLAN VIEW 3-, TYP. CASE -CASE 3/40- IF 1. #2 CHAMFER GRADE RINGS -3" MIN. TYP. GROUND COLLAR THICKNESS VARIES, a" MIN. 2: RAM NECK, TYP. .7; C. CASE #1 COLLAR SHALL EXTEND TO "A BOTTOM OF 2:27 CONCRETE SECTION -A' (REBAR REQUIRED). CASE #2 COLLAR SHALL EXTEND 3' BELOW (MANHOLE COLLAR SHOWN) BOTTOA OF LOWEST GRADE RING (NOT TO SCALE) (REBAR REQUIRED). CITY OF FORT WORTH, TEXAS DAM: 09/2004 ORT RT MANHOLE AND WATER VALVE CONCRETE COLLAR I STR-028 ii FLARES AT -� SIDEWALKS SLOPE 1 ":12" MAX (TYPICAL) 7" CURB — CURB FLUSH W/GUTTER DETECTABLE WARNING . -i SURFACE (2' x 4' DOME — TILES) 10' PARKWAY I I PROPERTY LINE J � Q 3 w N I :..Q 4 Q �. �. PROPERTY LINE R `► b •yI'� SIDEWALK 10, 1 • • 1 LEVEL LANDING All R�R D WHEEL CHAIR RAMP CITY OF FORT WORTH -CONSTRUCTION STANDARD - - I DATE: 2/27/09