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HomeMy WebLinkAboutContract 31295 1 - CITY SECRETAIj'y6IQQ6 CITY SECRETARY CONTRACT NO. d D.O.E. FILE SPECIFICATIONS CONTRACTOR'S BONDING CO. & CONSTRUCTION'S COPY CONTRACT DOCUMENTS CLIENT D�PA}2s fAENT FOR INTERSECTION IMPROVEMENTS q2-1"13-05A09 : 04 acvo for GREENBELT ROAD & TRINTY BOULEVARD TPW Project No. C200-541200-205390012380 DOE No. 4639 FILE NO. K 1852 IN THE CITY OF FORT WORTH, TEXAS Michael Moncrief Charles R. Boswell MAYOR INTERIM CITY MANAGER ROBERT GOODE,P.E. DIRECTOR OF TRANSPORTATION . AND PUBLIC WORKS DEPARTMENT A.DOUGLAS RADEMAKER,P.E. © � J9 DIRECTOR OF ENGINEERING DEPARTMENT �•aa..••- Prepared by: 1osm t RSUId ' e c..l...o..H....o..... ..o� TranSystems Corporation Consultants 64170 500 West Seventh St., Suite 6000°� �® Fort Worth, Texas 76102 SEPTEMBER 2004 9// o ._��� ORIGINAL r� � ��,:: FORTWOPM rg f „ Agenda I M1kC I EmployeeP. •.. a Morning a nae E.r_ PRS Online Departmenft I Site Map Print M&C COUNCIL ACTION: Approved on 1/11/2005 DATE: 1/11/2005 REFERENCE NO.: **C-20485 LOG NAME: 30JLB4649 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract to JLB Contracting LP for Intersection Improvements to Greenbelt Road at Trinity Boulevard (DOE 4649) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with JLB Contracting LP in the amount of $123,512.82 for intersection improvements to Greenbelt Road at Trinity Boulevard. DISCUSSION: On December 11, 2002, an engineering agreement with Transystems Corporation Consultants was signed (City Secretary Contract No. 28231) by administrative order for intersection improvements to Greenbelt Road at Trinity Boulevard. This project consists of intersection improvements to Greenbelt Road at Trinity Boulevard and includes traffic markings. The design fee for engineering services was paid by utilizing 1998 Capital Improvements Projects funds for intersection improvements. The street intersection improvements include installing a right-turn lane on Greenbelt Road, extending the existing left-turn lane length on Trinity Boulevard, converting the outside lane on Trinity Boulevard into an exclusive right-turn lane and related traffic signs and markings. New pavement will be constructed with 1220 square yards of 8-inch cement stabilized base with 6-inch hot-mix-hot-laid (HMAC) asphalt surface and 779 square yards of 8-inch concrete pavement. The project was advertised for bid on September 23 and 30, 2004. On October 28, 2004, the following bids were received: Bidder Amount Time of Contract JLB Contracting, LP $123,512.82 30 Working Days Stabile & Winn, Inc. $138,186.81 Laughley Bridge & Construction, Inc. $142,225.85 Brick Paving Industries Inc. $145,958.40 McClendon Construction Co., Inc. $146,174.90 Ed A. Wilson, Inc. $159,347.50 AOC Contracting, LP $175,461.40 In addition to the contract amount, contingency funds in the amount of$6,175.00 for possible change orders are required. JLB Contracting, LP is in compliance with the City's M/WBE Ordinance by committing to 9% M/WBE participation and documenting good faith effort. JLB Contracting, LP identified several subcontracting and supplier opportunities. However, the M/WBE contacted in the areas identified did not submit the lowest bids. i i CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Intersection Improvements Trinity Blvd. & Greenbelt Road D.O.E. NO. 4639 T/PW Project # C200-541200-205390012380 BID RECEIPT DATE: 1:30 PM, October 21, 2004 ISSUED: October 5, 2004 This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum 1 in the space provide below, in the proposal (page B1- 9)and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Plans Specification documents for Intersection Improvements Trinity Blvd & Greenbelt Road, are hereby revised by Addendum No. 1 as follows: 1. Part B—Proposal Delete: The entire proposal section: Insert: The revised proposal section. These pages include items for striping for Greenbelt Blvd. (items 22-31) 2. Plans Add: The attached sheet 14—"Signs and Marking Layout"to the end of the plans. All other provisions of the addendums, plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. = The Contractor shall acknowledge receipt of this Addendum in the space provide below, in the proposal and acknowledge receipt on the outer envelope of your bid. Addendum No.1 1 of 11 t GAM02w27Np.A�dd.d—iwaama Ld. t Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: A. Dougl s Rademaker,P.E.,Director By: — ..I `''� By: /J Rick ce, P. Manager n ng Services g Addendum No.l 2 of 11 GAF%V02\0272\sp—�2dd-dum hAdd.d Lda 10/21/2004 11:27 FAX 8173382247 TRANSYSTEMS_FTW 002/005 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO, 2 TO THE :PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR '[ntersiwtion Itmprovements Trinity Blvd. & Greenbelt Road D.O.E. NO. 4639 T/PW Project# C200-541200-2053904112380 BID RECiEIPT DATE: 1:30 PM, October 28, 2004 ISSUED: October 21, 2004 Prospective bidders are hereby notified the Plan Specification documents for Intersection Improvements Trinity Blvd&Greenbelt Road, are hereby revised by Addendum No. 2 as follows: 1. The bid opening and receipt of bids are hereby postponed for one week. The new date to receive and open bids is October 28,2004. 2. Part B—Proposal Delete: Pages Ill-2 and B1-3 of the proposal section: Insert: The revised pages B1-2 and B1-3 into the proposal section. These pages include revised bid items for 6"asphalt, 8"cement treated, and Cement for subgrade. (items 6, 8&9) 3. Clarification_ All striping used for this project will be permanent and utilize thermoplastic material. 4. Adl other provisions of the plans, specifications and contract documents for the project which ars,not expressly iinlended herein shall remain in full force and effect. This Addendum No. 2 forms a part; of the Conti-act Documents referenced above and modifies the Original Ccntract Documents and. Plans and Addendum No.l. Acknowledge receipt of this Addendum in the space provide below,in the proposal(page B1-9) and acknowledge receipt on the outer envelope of your bid. AddendumNo.2 1 oft GAM02\02Y\specs\addendum 2\Addcndum 2_doc 10/21/2004 11:27 FAX 8173362247 TRANSYSTEMS—FTW 121003/005 Failure to retinn a signed copy of the addendum with the proposal shall be grounds Tor rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the me ti of bid submittal. RECEIPT ACKNOWLEDGED: A.Douglas Radernaker,FE.,Director By: 7 -!Rjic-�ce,P.E.,Manager Zgineojjng Services Addendum No,2 2 of 2 G;TW02\027;\specs\-addendum 2\Addendam 2.doc 10/21/2004 11:27 FAX 8173382247 TRANSYSTEMS_FTW 10001/005 LETTER OF TItANSTOTTAL CC:�►?PIQ/?AT/�/�'/�� T a' N T 500 West Seventh Strcet,Suite 600,Fort Worth,TX 76102 (817)339-8950 * Fax(811)336-2247 TO: ALL PROS.?ECTIVE BIDDERS DATE: 10-21-04 NO.p202020272 RE- Trinity Blvd/Greenbelt FROM: WE ARE SENDING YOU VIA: ❑Mail ❑Delivery,THE FOLLOWING ITEMS: COPIES DESCRIPTION 1 ADDENDUM 2. THESE ARE TRANSM1TTt:D AS CHI-CKPD BELOW: ❑ For Your Use ❑ For Review and Comment ❑ Approved as Submitted © Approved as Noted ❑ As Requested ❑ For Approval ❑ Returned For Corrections ❑ Rejected ❑ See Remarks REMARKS; COPY T0: SIGNED: Sign upon receipt 0J2DD DocumenQ SPECIFICATIONS CONTRACT DOCUMENTS FOR INTERSECTION IMPROVEMENTS for GREENBELT ROAD & TRINTY BOULEVARD TPW Project No. C200-541200-205390012380 DOE No. 4639 FILE NO. K 1852 IN THE CITY OF FORT WORTH, TEXAS Michael Moncrief Charles R.Boswell MAYOR INTERIM CITY MANAGER ROBERT GOODE,P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT A.DOUGLAS RADEMAKER,P.E. DIRECTOR OF ENGINEERING DEPARTMENT Prepared by: TranSystems Corporation Consultants 500 West Seventh St., Suite 600 Fort Worth,Texas 76102 SEPTEMBER 2004 TABLE OF CONTENTS Part A-Notice to Bidders Part A—Comprehensive Notice to Bidders Special Instructions to Bidders (Transportation and Public Works) City of Fort Worth Minority/Women Business Enterprise Policy Prevailing Wage Rates Part B -Proposal Part C—Special Provisions (Transportation and Public Works) Certificate of Insurance Part D -Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond Part E- Contract(City of Fort Worth) G.-VW0210272IspecsI1000161TC.doc TC-1 pU .� r:'•ri1 � �GL� NOTICE TO BIDDERS Sealed proposals for the following For: Intersection Improvements to Trinity Boulevard&Greenbelt Road TPW Project No. C200-541200-205390012380 DOE No. 4639 779 SY Reinforced Concrete Pavement 1484 SY Asphalt Pavement 40 LF Street Header 409 EA Dowel Addressed to Mr. Charles R. Boswell, Interim City Manager for the City of Fort Worth, Texas,will be received at the Purchasing Office until 1:30 PM, Thursday, October 21, 2004 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract Documents, including Plans and Specifications, may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, for a non-refundable fee of thirty dollars ($30.00)per set. A pre-bid conference will not be held. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda ma be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-392-7910. The Affidavit Statement of the City of Fort Worth Minority and Women Business enterprises _ Specifications must be submitted with the bid at the time of bid opening. Failure to submit the affidavit statement with the bid shall result in the rejection of the bid as non-responsive. For additional information concerning this project, please contact Gopal Sahu, P.E., Project Manager, at 817-392-7949 or Joseph C.Masterson,P.E. at 339-8950. Advertising Dates: September 23,2004 September 30, 2004 Fort Worth, Texas C.Documents and SettingsLsahuglDesktopM.doe NB-1 E i PART A - COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: For: Intersection Improvements to Trinity Boulevard&Greenbelt Road TPW Project No. C200-541200-205390012380 DOE No. 4639 Addressed to Mr. Charles R. Boswell, Interim City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, October 21, 2004, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents, including Plans and Specifications, may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, for a non-refundable fee of thirty dollars ($30.00)per set. All bidders will be required to comply with Provisions 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400, Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. A pre-bid conference will not be held. The major work on the above project shall consist of the following: 779 SY Reinforced Concrete Pavement 1484 SY Asphalt Pavement 40 LF Street Header 409 EA Dowel Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The improvements included in this project must be performed by a contractor who is pre-qualified by the Traffic Department at the time of bid opening. The procedures for pre- qualification are outlined in the"Special Instructions to Bidders (Transportation and Public Works)". The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90) days from the date the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817) 871-7910. C'Documents and Settings1sahug1Desktop1NB2.doc NB-1 � Nam, am X 15 PART A - COMPREHENSIVE NOTICE TO BIDDERS Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders shall submit complete specifications book or risk rejection of bid. In accord with the City of Fort Worth Ordinance, No. 15530, the City of Fort Worth has goals for the participation of minority enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE/WBE UTILIZATION FORM, PRIldE CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must be received by the contracting department no later than 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was made. Such receipt shall be evidence that Documentation was received by the City. Failure to comply shall render the bid non-responsive. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please contact Mr. Gopal Sahu, P.E., Project Manager, at(817) 392-7949 or Joseph C. Masterson at(817) 339-8950. Charles R. Boswell Interim City Manager Marty Hendrix City Secretary A. Douglas Rademaker,P.E.,Director Department of Engineering B : Rick Trice,P.E. Acting Assistant Director Advertising Dates: September 23, 2004 September 30,2004 Fort Worth,Texas C:IDocuments and Settin slsahu 1Deskto INB2.doc NB-2 9 9 P Part A Notice to Bidders Special Instructions to Bidders (Transportation and Public Works) SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the 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. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 09/01/04 4 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as amended _ by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's and Comprehensive General Liability(Bod lylnj s Compensation ury$500;000 each person t.. n $1,000;000 each occurirence($2,000;0Db agg"rega#e lrtut),PropertyDarnag $250;000 each f occurrence)' The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 09/01/04 2 b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. f Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report,in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601 g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 09/01/04 3 This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid maybe withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM; PRIME CONTRACTOR WAIVER FORM,.GOOD FAITH EFFORT;FORM,and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract,if made,will be within ninety(90)days after this documentation is received,but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified." 13. PAYMENT: The Contractor will receive full payment(minus retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817) 871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: 09/01/04 4PH, v U 2� i �- Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation, or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. 09/01/04 5 ?� �UII � l�IItt�� IQL�Ic h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. 09/01/04 6 I k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor fiuther covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY:In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 09/01/04 7 19. PROGRESS PAYMENTS,FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due _ and payable. £ In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 09/01/04 8 City of Fort Worth Minority/Women Business Enterprise Policy FORTWORTH 1 1 -01-04 P : n , , -„ +-u4 P01 : u9 IN City oF' ort Worth Minority and Women Business Ei Lerrpr"ise )peciiicaiions SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the totaldollar value of the contract is$26,000 or more,the MIWBE goal is applicable. L if the total dollar value ofIthe contract is less than$25000 the M/WBE goal 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 (MIWBE)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 MBEIWBE goal on this project is_14 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's MNWBE 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. received by 5:00 p.m., five {5) City business days after the bid 1. Subcontractor Utilization Form, if goal is 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 received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBEparticipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. S. Joint Venture Form, if utilize a joint received by 5:00 p.m., five (5) City business days after the bid venture to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE GITY'S MIWBE ORDNANCE,WILL RESULT IN THE 131D BEING CONSIDERED' NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)871-6104. 1<1c ATTACHMENT 1A Page 1 of 4 FORTWORTH City Of Fort Worth 11 -04-04 PO 1 : 09 IN Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime JLB Contracting,LP MNV/DBE ✓ NON-MNVIDBE PROJECT NAME: BID DATE Trinity Blvd&Greenbelt Road Intersection Improvements 10128104 City's MNVBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER 14 % 11.45 % 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 considderod non-responsive to bid specifications --- mMBEs 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 primecontractor, i.e., a direct. payment from the prime contractor to a'subcontractor is considered 1s'tier, a`payment by a subcontractor to l its supplier is considered 2= 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/INBE). If hauling services are utilized, the prime' will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational'truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including MIWBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non»MNVBEs including owner-operators, but will only receive credit for the fees and commissions earned b the M/WBE as outlined in the lease agreement. 'J GR /30/0 n �,e ATTACHMENT IA l~ORTWOUH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T ° Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R O B E @ C T <!EI! A 1 ✓ Storm Drain $3230.00 M. E. Burns 1 ✓ Seeding / $850.00 Centex Seeding Erosion Control seeding $500.00 erosion control 1 ✓ Striping $2858.90 Metroplex Pavement Markings 1 ✓ Trucking HMAC $1572.27 ATCO Excavation to job and waste from job 1 ✓ Hauling HMAC $2945.80 Sunset Transportation materials to plant Rev.5/30/03 ATTACHMENT 1A Page 3 of 4 1 ✓ Fuel $2189.66 Ricochet Fuel 1v Excavation $17449.30 Skyline Excavation Rev.5/30/03 FORT'�'�ORTH ATTACHMENT Page 4 of 4 Total Dollar Amount of MM/BE Subcontractors/Suppliers $ 14,146.63 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 17,449.30 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 31,595.93 The Contractor will not make'additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or 'designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed'explanation'of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Author" d Signature Printed Signature has Title Contact Name/Title(if different) JLB CONTRACTING, LP Company Name i'elephone and/or Fax R 0 BOX 24131 Address FORT WORTH,TX 76124 E-mail Address /Pb/ C) Date Dates City/State/Zip / Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FO RT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime JLB Contracting,LP MM/DBE ✓ NON-M/W/DBE PROJECT NAME: BID PATE Trinity Blvd&Greenbelt Road intersection improvements 10/21/04 City's MIWSE Project Goal: PROJECT NUMBER 14% !f you have failed to secure MNIIBE particiati pon and you have subcontracting and/or supplier opportunities or if your DBE„participation Is less than the;City's projeC4 goal,you rust complete this form. If the bidder's method of compliance with the MANBE 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 with 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 supportinon, anti received by the Martiaging Qepartment on or before 5:00 p.m. five {5) Gity business days after krid opening, exciusiYe of bid sapening date;will result lit 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. jDO 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 List of Supplier Opportunities Excavation Sand, Stone&Gravel Joint Sealing Reinforcing Steel Storm Drainage Fuel Barricades Read!-mix Concrete Seeding Erosion Control M.._ PPfwgff.. ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months old from the bid open date)list of MIWBE subcontractors and/or suppliers from the City's M/WBE Office. —,/—Yes Date of Listing®10—/ 2Q__/2004 ___. No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? _ ✓ Yes (If yes,attach MMtBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MiWBE 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? _V—Yes (tf yes,attach list to include name of MMBE firm,person contacted,phone number and date and time of contact.) No NINE: A facsimile may be used to comply with either 3 or 4, but may not be usedi for both. I#a facsimile' is used, attach the fax confirmation, which is to provide MNVlE name, data, time, fax number and'. documentation faxed. NOTE: If the list of M1WBEs for a particular subcontracting/supp)ier opportunity is ten (10) or less, the' bidder must contact the entire list to be in compliance with questions 3 and 4, tf'the list of MtWl3Es:for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least btw t irds (2/3j 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 MtWBE 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. lease use additional sheets, ' necessary,and attach. Com any Name Telephone Contact Person Sca a of Work Reason for Rejection BTA Services (972)771- Dwaine Powers Striping Too Expensive 3832 used minori ) American Striping (972)557- William Richmond Striping Too Expensive 8565 used minori ) Up and Growing (972)342- Patty Wallace Seeding Too Expensive 2214 used minorit Greenscaping (817)577- Curtis Green Seeding Too Expensive 9299 used minority ATTACHMENT 1C Page 3 of 3 Hayden Capital (817)478- Charles Klutz Storm Drain Too Expensive 3765 used minority) T&R Excavation (214)631- Mike Lee Excavation Too Expensive 2718 More than double other bids ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. �We sent 83 letters to Minority and Women Business Enterprise registered companies, and only received a response form a handfull, and only received a quote from those listed above. Approximately 60%of our total bid is made up of labor, overhead, and supplies and material that we either keep on hand or produce ourselves(the 60%does not include reinforcing steel, concrete, etc. that we could purchase from a MIWBE). Virtually all of our subcontractors and suppliers that we are able to use on this project are registered M/WBE's. The prime exception is our excavation contractor. For the excavation work on this project, we only received 2 quotes—one from a MIWBE—T&R Excavation—and one from Skyline Excavation. Skyline's quote was for approximately$16,000, while T&R's quote was for approximately $38,000 for the same items. We have performed several jobs in the past with the City of Fort Worth, and always try to utilize as many of the MIWBE's as we can, in fact we often use M/WBE's for work that we could perform with our own forces. We are asking for your consideration of our good faith effort for this project, and will continue to strive to you're your goals on future projects The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any MIWBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. �'O, . �l)v7�:L f� �� •`;.��J IAS U��i �c•'�: ATTACHMENT IC Page 4 of 3 �-ilg��ature Printed Signature �tho�rized����� James G.Humphrey,President of .11.R ManaqAmAnt lot, IN,GpnaraLRadwr Title Contact Name and Title(if different) AB CONTRACTING, LP 11 Company Name hone-Number Fax Number 12 0 BOX 24131 — J Address FORT WORTH,TX 76124 Email Address //Z24 0�z City/State/Zip Date CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE - Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY& less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter (Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 Part B - Proposal PART B-PROPOSAL TO: CHARLES R. BOSWELL FROM: (Bidder's Name) INTERIM CITY MANAGER JLB CONTRACTING, LP FORT WORTH,TEXAS P.O.ROX 24131 (Addrf;G3AT WORTH,TX 76124 For: INTERSECTION IMPROVEMENTS FOR GREENBELT ROAD &TRINITY BOULEVARD TPW PROJECT NO. C200-541200-205390012380 DOE NO. 4639 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 the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to-wit: INTERSECTION IMPROVEMENTS FOR GREENBELT ROAD & TRINITY BOULEVARD Pay Approximate Description of Bid Item Prices Unit Total Item Quantity written in Words Price Price Section a: Paving Improvements 1. 541 CY Unclassified Street Excavation $ -7 • ¢ $ 4 0 3°•¢S� ✓•e Dollars& -e.- Cents per CY 2. 949 CY Select fill 'J Iye Dollars& %0—L �7 'F t v� Cents per CY Gam: G,TW02\0272\specs\addendum l\proposal.doc B1- 1 Rev. 10- -04�J, 1;.*�,•'Jjl��!�l i �j �?, 10/21/2004 11:27 FAX 8173362247 TRANSYSTEMS_FTW 0004/005 INTERS ECTION IMPROVEMENTS FOR GREENBELT ROAD&TRINITY BOULEVARD Pny Appromimate Description of Bid Item Prices Unit "Total Item Quantity Written in Words Price Price 3. 1 LS Removal of existing Concrete Curbs, S 4DE>LD S Asphflt Pavement Dollars& Cents per 1,.5 4. 779 SY 8"Reinforced Concrete Pavement $ 4 SZ 7 $ 3 S 2 0 3 3 (Trinity Blvd.) `to/ �� 1'l✓2 Dollars& w e v r� ye 1 Conrs per SY 5. 848 SY 4"Type"D"Hot Mix (Trinity Blvd.) $ �D J� �2w� bolters& `y Cents per SY 6_ 1220 SY 6"HMAC to include 4"type"B"with 2" S Z c)¢ type"D"surface course(Greenbelt Rd.) o Dollars& `�o J Ceuta per SY 7. 144 SY 8"Flex Base Type"C" `I- 2 0 Of—e— Dollars& T ��•/ Cents per SY G:\FW02\0272\cptcs\addendum2\propostd•doe BI-2 Rev. 10-21-04 10/21/2004 11:27 FAX 8173362247 TRANSYSTEMS—FTW 10005/005 INTERSTCTION IMPROVEMENTS FOR GREENBELT ROAD&TRINITY BOULEVARD Pay imate Delcription orBld Itom Priem Unit Total Appros Item Quantity Written In Words Price Price 8. 2069 SY 8"Cement Txeatcd Subgade, 4411—.�-'e-411— Dollars& V``-7 Cents per SY 9. 33 TN Cement,for subgrade @ 30#/SY "2-9 & ti Cents per TN to. 623 LF 5"Type H Curb Z Dollars& ctmt,per u 11. 625 LF Silicone Joint Sealant I To $ Dollars& V-C-4- Cents per LF 12. 1,111 LF Full Depth sawcut $ Z. 5 $ 2 9 44 Dollars& -F, V-C- Ctnu per LF GAFW02\0272\sj ecAaddendim ZpToposal.drw BI-3 Rev. 10.21-04 INTERSECTION IMPROVEMENTS FOR GREENBELT ROAD &TRINITY BOULEVARD Pay Approximate Description of Bid Item Prices Unit Total Item Quantity Written in Words Price Price 13, 409 EA Dowels $ 9. 7 $ <<--4 Dollars& :5 V-et �-� s I 2 Cents per EA 14. 40 LF Street Header 4c-e� Dollars& ti Cents per LF 15. 3 EA Sidewalk Ramps(Type 1) $ ¢o o ^ $ z'ao %J1 VJ Dollars& N O Cents per EA 16. 5 LF Extend 18"RCP w/Safety end section $ l a ( $ S 3o r Dollars& � Cents per LF 17. 39 LF Relocate 36"RCP culvert $ 7 s $ 2 9 Z S 3��/•2 �1 V•e- Dollars& A-3.5 Cents per LF Idly G.\FW02\0272\specs\addendum l\proposal.doc Bl-4 Rev. W-5 INTERSECTION IMPROVEMENTS FOR GREENBELT ROAD &TRINITY BOULEVARD Pay Approximate Description of Bid Item Prices Unit Total q Item Quantity Written in Words Price Price 18. 1 LS Traffic Control —Dollars& Cents per LS 19. 17,000 SF Hydromulch Seeding $ Dollars& f% Cents per SF 20. 160 CY 6"Topsoil $ l -79 - Dollars& Cents per SY 21. 1 EA Project Sign '%'A ,'VeDollars& Cents per EA 22. 156 LF 12"White crosswalk line -Z • I C> Dollars& Cents per LF G-\FW02\0272\specsNaddendurn 1\proposal.doc BI- 5 Rev. 10-5-04 PART B-PROPOSAL(Continued) Within ten (10)days after notification by the City,the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Intersection Improvements to Greenbelt Road & Trinity Boulevard, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete construction within 30 working days as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable): [] A. The principal place of business of our company is in the State of [] Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [] Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. [ B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. G:\FW02\0272\specs\addendum 1\proposal.doc Bl- 8 Rev. 10-5-04 Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No.2 Addendum No. 3 (Seal)If Bidder Corporation Respectfully submitted, JLB CONTRACTING, LP By: James G. Humphrey,President of `title: JLB Management, Inc., Its General Partner Address: P.O. BOX 24131 FORT WORTH,TX 76124 Ci:\FW02\0272\Spees\addendum 1\proposa1.doc 131-9 Rev, 10-5-0J4 Part C - Special Provisions TP&W SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consist of 8" reinforced concrete paving over 4" hot mix over 8"cement stabilized subgrade and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. The work also includes 6" HMAC over 8"cement stabilized subgrade and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work for Greenbelt road. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and Owner shall meet at the call of the Owner for a preconstruction conference before any of the work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions which 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 which may give rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids or voiding contract as appropriate and as determined by the City Engineer. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKMEN: The Contractor shall provide all necessary conveniences for the use of workmen at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans,the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as t SP-1 I a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid ` item. Surface restoration cleanup and relocation of mailboxes are general items or work which fall into the category of subsidiary work. All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the Standard Specifications. 11. DAMAGE TO PRIVATE PROPERTY: The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences,walls, pavement and water and sewer services, at not cost to the Owner, per Paragraph C6-6.10 of the General Conditions. This shall be subsidiary to the contract and not a separate pay item. 12. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached at the end of this section.) 13. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility owner due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 14. CONSTRUCTION STAKING BY CITY OR CITY'S CONSULTANT: CONTRUCTION STAKING shall be provided by City Survey crews or by the City's Consultant. Construction stakes for line and grade if provided by the City's consulting engineer, TranSystems Corporation Consultants. (herein after referred to as"Consulting Engineer") shall be outlined below: Consulting Engineer will provide the following construction staking Services as applicable (so that the project can be constructed as designed)all of which are one time only; A. SANITARY SEWER STAKING: Offset stakes at 100'will be provided for the sewer line(s)and at proposed manholes, points of curvature, points of tangency, at any horizontal or vertical angle points along with a cut to flow line and a cut or fill to top of proposed manholes location of proposed services will be provided. B. WATER STAKING: Offset stakes at 100' intervals will be provided for the water line(s) and at valves, tees and any horizontal or vertical angle points along with a cut to top of pipe or flow line of pipe depending on the proposed size. Location of proposed service will be provided along with offset stakes for proposed fire hydrants and water meters with a cut or fill to proposed top of curb. C. STORM DRAIN STAKING: Offset stakes at 100' intervals will be provided for the storm drain line(s) at proposed manholes, points of curvature, points of tangency, and at any horizontal or vertical angle points along with a cut to flow line and a cut or fill to the top of proposed manholes. Two offset stakes at each curb inlet will be provided along with a cut to flow line and a cut to the top of curb elevation. : f SP-2 D. ROADWAY EXCAVATION STAKING: 10'of property line offset stakes at 50' intervals will be provided for the roadway and at nay points of curvature, points of tangency and at any horizontal or vertical angle points with a cut or fill to the top of proposed curb. The right-of-way will also be flagged during this process along with line and grade stakes for excavation purposes. E. FINAL ROADWAY STAKING: 4'or 5'offset stakes at 50' intervals will be provided for the roadway and at any points of curvature, points of tangency and at any horizontal or vertical angle points with a cut or _ fill to the top of proposed curb. The right-of-way will also be flagged during this process along with line and grade stakes for excavation purposes. F. COORDINATION: I. Consulting engineer's surveyor will work with City inspector/contractor to provide any specific requests contractor may have (such as different offsets, etc.) providing that the scope of work described above is not exceeded. It is expected that few stakes will be knocked out during dirt work. The consulting engineer's surveyors shall replace displaced stakes at no extra cost provided that the number of disturbed stakes is minor. ii. If major restaking is required or additional services outside the scope of services described above is needed, the contractor will be responsible for paying consulting engineer for the additional work. Consulting Engineer will provide additional staking services at an hourly rate of$100.00 per hour for a field crew. Major restaking may be required if a substantial number of the initial stakes are knocked down as a result of contractor's activity and there are not enough stakes left to construction the project. THE CITY INSPECTOR ASSIGNED TO THE PROJECT SHALL OVERSEE ALL CONSTRUCTION STAKING ACTIVITY AND SHALL BE RESPONSIBLE FOR DETERMINING IF MAJOR RESTAKING IS NECESSARY. 15. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. 16. MATERIAL STORAGE: Material shall not be stored on private property unless the contractor has obtained permission from the property owner. 17. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The contractor shall take adequate measures to protect all existing structures, improvements and utilities,which may be encountered. Any and all permanent structures such as parking lot surfaces,fencing and like structures shall be replaced at no cost to the City by material of equal value and quality as that damaged. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design,from the Owners of the utilities involved and from evidences found on the ground. 18. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract,whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity in the contract. F SP-3 When the quantity of work to be done or materials to be furnished under any minor pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or Contractor, then either party to the contracts, upon demand, shall be entitle to negotiate for revised consideration on the portion of work below 85% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent(5%)of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent(5%)of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Director of Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen,foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually sued on such work only, plus all power,fuel lubricants,water and similar operating expensed; and ratable portion of the premiums on performance and payment bonds, public liability, workers' compensation and all other insurance required by law or ordinance. The Director of Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contactor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover to compensate him for profit, overhead, general supervision and field cost as herein specified. Upon request, the Contractor shall provide the Director of Department of Engineering access to all accounts, bills and vouchers relating thereto. 19. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify, hold harmless and defend the City, and their officers, agents, servants or employees, and/or owners of the units and lots abutting the units in this contract from and against any and al claims for damages or injuries, including death, to any and all persons or property, of whatsoever kind or character, whether real or asserted, arising out of or incident to the services relating to the project to be performed by said Contractor, its officers, agents, servants or employees, under the terms and conditions of this contract,whether or not caused by negligence on the part of the City, or their officers, agents, servants and employees, and said contractor does hereby covenant and agree to assume all liability and responsibility of the City for injuries, claims or suits for damages to any all persons or property, of whatsoever kind or character, occurring during the term of this agreement and arising out of or by reason of service, covenants - - or agreements performed by said Contractor, its officers, agents, servants or employees. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City form and against any all acts or omissions of the City, their officers, agents, servants or employees, or caused by negligence on the part of their officers, agents servants, employees and/or Owners of the units and lots abutting the units in this contract. In the event a written claim for damages again the Contractor remains unsettled at the time all work on the project has been completed to the satisfaction of the Director for the Department of Engineering, as evidence by a final inspection, final payment to the Contractor shall not be recommended by the Director for the Department of Engineering for a period of 30 days after the date of such final inspection unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled as of the expiration of the above 30 day period, the Contractor may be deemed to be entitled to a semifinal payment for work completed, such semifinal ' payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contactor arising out the performance of such work, and such semifinal payment may then be recommended by the Director. SP-4 i The Director shall not recommend final payment to a contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance for the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: a. The claim has been settled and a release has been obtained form the claimant involved, or b. Good faith efforts have been made to settle outstanding claims, and such good faith efforts ` have failed. If condition (a)above is met at any time within the six-month period, the Director shall recommend that the final payment to the Contractor is made. If condition (b)above is met at nay time within the six-month period, the Director shall recommend that the final payment to the Contractor be made. At the expiration of the six month period, the Director may recommend that final payment be made if all other work has been performed and all other obligation of this Contractor have been met to the satisfaction of the Director. C. The Director may, if he deems it appropriate, refuse to accept bids on other Department of Engineering contract work form a contactor against whom a claim for damage is outstanding as a result of work performed under a City contract or under a developer-let contact for City of Fort Worth street and/or storm drainage facilities. 20. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) ` prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request,will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 21. INDENMINFICATION: The Contractor agrees to fully indemnify and save whole and harmless the City, Owner and Engineer from all costs or damages arising out of any real or asserted claim or cause of action against it of nay kind or character and in addition from any an all costs or damages arising out of any wrings, injuries, demands or suites for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of Fort Worth and State of Texas and with any regulations for the protection of workers which may be promulgated by the Government and shall protect such work with all necessary lights, barriers, safeguards and warnings as are provided for in said'specifications and in the ordinance of said City. 22. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 11923 as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of l contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5)city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation)and/or the commission fraud by the SP-5 Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the contractor's performance regarding its M/WBE program in the evaluation of bids. _ Failure to comply with the City's M/WBE Ordinance, or to demonstrate"good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE contractor(s)must be certified by either the North Central Texas Regional Certification Agency(NCTRCA)or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9)county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the -- contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10)days after final payment from the City, the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. SP-6 I 23. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been construed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City of Fort Worth or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 24. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, 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 services related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. n SP-7 ••nG�J� ",n 'J�o '•;r�'�Jj X11 � � �'�.G�:� g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor SP-8 does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the t following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 25. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which 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 which has been specified. There 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. 26. TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL: A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins,fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that SP-9 may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible- earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 27. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 28. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 29. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 30. 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-10 31. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 32. 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"nonresponsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 33. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both,for a period of two (2)years from date of final acceptance of this project by the City Council of 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. 34. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City as outlined on page 17, Standard Specifications for Construction, City of Fort Worth. 35. TRAFFIC CONTROL: The contractor shall be responsible for providing,following, and maintaining a traffic control plan during the construction of this project consistent with the provisions set forth in the"1980 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. This traffic control plan shall be submitted for review and approval to Mr. Charles R. Burkett, City Traffic Engineer @817-392-8774 at least 10 working days prior to the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the time frame established in the Notice to Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign which has been erected by the City. The Contractor shall not install any sign on a city post, pole, or structure without first obtaining written permission from the Engineer. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8107),to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 36. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide SP-11 information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 37. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices,Vol. No. 1." 38. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the contractor's expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 39. ZONING REQUIREMENTS: 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. 40. QUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City. SP-12 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. 41. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 42. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 43. WATER DEPARTMENT PRE-QUALIFICATIONS:Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 44. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. SP-13 (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and $0.10 per page. under 2. More than 50 $0.85 for first page plus $0.15 for each page thereafter. copies (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 45. CONSTRUCTION STAKES; The City, through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 46. Location of New Walks and Driveways; The contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. CONSTRUCTION NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM -SPRINKLING FOR DUST CONTROL: SP-14 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 - PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the contractor must obtain a permit from the City Forester before any work(trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 392-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM - CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. NON-PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment(and all subsequent payments until completed) of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM - PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the SP-15 1 ��C� ��1i IL� rgr:� end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM- NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement,the Contractor shall notify residents, in writing, at least 48 hours in advance of r- saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. NON-PAY ITEM- PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre- construction notification'flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 392-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. NON-PAY ITEM- PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. NON-PAY ITEM -WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-5 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. SP-16 NON PAY ITEM—LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The contractor shall attempt to include the construction engineer(if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2)working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day)the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817)338-6275 "Hot Line" Texas Utilities (817)336-9411 ext. 2121 Mr. Roy Kruger Lone Star (817)336-8381 ext. 372 Mr. Jim Bennett Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5)working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON PAY ITEM—TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. PRE-BID ITEM -ALTERNATE A& B-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%" 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 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 - UNCLASSIFIED STREET EXCAVATION: SP-17 See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the owner is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. PAY ITEM -8" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. SP-18 3. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specification TT-S-001 543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 3.2 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. 3.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED-AFTER 21 DAYS AT 25C ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.4 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 SP-19 Detail" sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail"sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 1/4 inch width"green" saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 5. EQUIPMENT 5.1 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: 5.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 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. 5.4 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. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 5.8 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. 6. CONSTRUCTION METHODS 6.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 6.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on SP-20 the"Construction Detail"sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 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. 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 7. 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 SP-21 joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. 8. 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- 5" CONCRETE CURB: The contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7)calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. PAY ITEM- HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM - 6" H.M.A.C. PAVEMENT(Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 4" deep Type "B" course placed in one lift. The surface course shall be a 2" deep Type"D" course placed in one lift. All provisions of Standard Specification No. 312.7 'Construction Tolerance' shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than Y2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. SP-22 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The contractor is required to submit a Mix Design for both Type"B"and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2)years old. Upon submittal of the design mix a Marshal (Proctor)will be calculated, if one has not been previously calculated, for the use during density testing. For type"B" asphalt a maximum of 20% rap may be used. No Rap may be used in type"D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor)the contractor is approved for placement of the asphalt. The contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type"B" and for Type"D"asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than-300 feet apart. The above requirement applies to both Type"B" and "D" asphalt. Densities on type"B" must be done before Type"D" asphalt is applied. Cores to determine thickness of Type"B" asphalt must be taken before Type"D" asphalt is applied. Upon completion of the application of Type"D" asphalt additional cores must be taken to determine the applied thickness. PAY ITEM - CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, i WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks,wheelchair ramps and driveways as shown in the plans.This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. PAY ITEM—REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer,existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. PAY ITEM—4' STANDARD CONCRETE SIDEWALK LEADWALK AND WHEELCHAIR RAMP: SP-23 All applicable provisions of standard Specifications Item 104"Removing Old Concrete" and Item 504"Concrete Sidewalk Driveways" shall apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The contractor shall contact Signs and Marking Division, TPW (Phone 871- 8075). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." PAY ITEM— BORROW: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter as shown on the proposal and will be full compensation for the removal and disposition of the curb, curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. PAY ITEM—2" HMAC SURFACE COURSE (TYPE 'D' MIX): All applicable provisions of Standard Specifications, Item Nos. 312 "Hot-Mix Asphaltic Concrete" and 313 "Central Plant Recycling-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty(50)degrees Fahrenheit and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM—CEMENT STABILZATION: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. PAY ITEM—CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment'shall apply.