HomeMy WebLinkAbout031334 - Construction-Related - Contract - MCCLENDON CONSTRUCTION, INC. 1 CITY SECRETARY II
,'r)NTRACT NO.• 4BCITY SECRETARY
SPECIFICATIONS D.O.E. FILE
AND
CGNSTRUCTIOWS COPY
CONTRACT DOCUMENTS
CLIENT iDEPA12TNIIENT
FOR
PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD
(TRAIL LAKE DRIVE TO CREEKMOOR DRIVE)
TPW Project No.: C111-030111040628
DOE NO.: 4532
FILE NO.: K-1848
IN
THE CITY OF FORT WORTH, TEXAS
MIKE MONCRIEF CHARLES BOSWELL
MAYOR ACTING CITY MANAGER
A.DOUGLAS RADEMAKER.P.E. DALE A.FISSELER P.E. ROBERT D.GOODE,P.E.
DIRECTOR DIRECTOR DIRECTOR
DEPARTMENT OF ENGINEERING WATER DEPARTMENT T/PW DEPARTMENT
SEPTEMBER 2004
PREPARED BY:
HDR ENGINEERING, INC.
512 MAIN STREET,SUITE 600
FORT WORTH,TEXAS,76102
TELEPHONE NO. (817) 810-9132
FAX NO. (817)810-0772
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COUNCIL ACTION: Approved on 1/25/2005
DATE: 1/25/2005 REFERENCE NO.: **C-20501 LOG NAME: 30SYCAMORESCH
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of Contract with McClendon Construction, Inc. for Paving Improvements on
Sycamore School Road from Trail Lake Drive to Creekmore Drive
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with McClendon
Construction, Inc. in the amount of$79,312.85 for paving improvements on Sycamore School Road from Trail
Lake Drive to Creekmore Drive.
DISCUSSION:
On June 22, 2004 (M&C C-20119), the City Council authorized an engineering agreement with HDR
Engineering, Inc. for the design of the northern two lanes of Sycamore School Road, which includes an
adjacent sidewalk between Trail Lake Drive and Star Ridge Drive and a left turn lane at Trail Lake Drive.
The project was advertised for bid on September 9, 2004 and September 16, 2004. On September 30, 2004
the following bids were received:
Bidder Amount Time of Contract
McClendon Construction, Inc. $ 79,312.85 40 Working Days
Stabile &Winn, Inc. $ 84,685.42
JLB Contracting, L.P. $ 94,049.17
J.L. Steel, L.P. $105,043.20
Cates Courtney & Roebuck, L.P. $123,824.75
In addition to the contract amount, funding in the amount of$5,600.00 is included for associated
construction inspection and survey costs. The contingency to fund change orders is $6,000.00.
McClendon Construction Co., Inc. is in compliance with the City's M/WBE Ordinance by committing to 35%
M/WBE participation. The City's goal on this project is 12%.
The Fort Worth Independent School District (FWISD) owns property fronting the proposed roadway
improvements. Staff transmitted a request to FWISD to fund a share of construction, survey and inspection
costs based upon their frontage along the roadway. FWISD's calculated share is $54,108.00, which was
authorized by the FWISD Board of Education at its December 14, 2004 meeting.
The remaining balance of the costs related to this project is funded from Council District 6 Undesignated
Street Fund.
This project is located in COUNCIL DISTRICT 6, Mapsco 103J.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C111 541200 020111040628 $79,312.85
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
ATTACHMENTS
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD
(TRAIL LAKE DRIVE TO CREEKMOOR DRIVE)
TPW Project No.: C111-030111040628
DOE NO.: 4532
FILE NO.: K-1848
IN
THE CITY OF FORT WORTH, TEXAS
MIKE MONCRIEF CHARLES BOSWELL
MAYOR ACTING CITY MANAGER
A.DOUGLAS RADEMAKER.P.E. DALE A.FISSELER P.E. ROBERT D.GOODE,P.E.
DMCTOR DIRECTOR DIRECTOR
DEPARTMENT OF ENGINEERING WATER DEPARTMENT T/PW DEPARTMENT
SEPTEMBER 2004
PREPARED BY:
HDR ENGINEERING,INC.
512 MAIN STREET,SUITE 600
FORT WORTH,TEXAS,76102
TELEPHONE NO.(817)810-9132
FAX NO. (817) 810-0772
Cy r r
TABLE OF CONTENTS
1 NOTICE TO BIDDERS
2 SPECIAL INSTRUCTIONS TO BIDDERS
3 PROPOSAL
4 VENDOR COMPLIANCE TO STATE LAW
5 MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS
6 SPECIAL PROVISIONS
7 CERTIFICATE OF INSURANCE
8 CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW
9 PERFORMANCE BOND
10 PAYMENT BOND
11 MAINTENANCE BOND
12 CITY CONTRACT
13 STANDARD FIGURES AND DETAILS
Sycamore School Road Table of Contents
DOE No.4532
- 1 -
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals for the following:
PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD
(TRAIL LAKE TO CREEKMORE DRIVE)
PROJECT NUMBER(S): Cl l l-030111040628
DOE NO.4532
Addressed to Mr. Charles Boswell,Acting City Manager of the City of Fort Worth,Texas, will be
received at the Purchasing Office until 1:30 P.M., Thursday, September 30, 2004 and then
publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and
Contract Documents for this project may be obtained at the office of the Department of
Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. A Thirty
dollar ($30.00) non-refundable deposit is required for the documents. These documents contain
additional information for prospective bidders.
All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil
Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City
Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting
discrimination in employment practices.
Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders.
The major work on the above referenced project shall consist of the following:
1,673 SY 6-inch Lime Stabilized Subgrade
799 LF 7-inch Reinforced Concrete Curb
1,592 SY 7-inch Reinforced Concrete Pavement
1,510 SF 4-inch Reinforced Concrete Sidewalk
634 CY Unclassified Excavation
Included in the above will be all other items of construction as outlined in the Plans and
Specifications.
The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No
bid may be withdrawn until the expiration of ninety (90) days after the opening of bids, but in no
case will the award be made until all necessary investigations to be made as to the responsibility
of the bidder to whom it is proposed to award the contract have been verified.
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)392-7910.
Bidders shall not separate, detach or remove any portion, segment or sheets from the contract
document at any time. Bidders must complete the proposal section(s) and submit the complete
specifications book or face rejection of the bid as non-responsive. It is recommended that the
bidder make a copy of the forms included in the Minority and Women Business Enterprise
section for submittal within the time-line stated below or the bidder may request a copy of said
forms from the City Project Manager named in this solicitation.
Sycamore School Road 1 of 2 Notice to Bidders
DOE No.4532
NOTICE TO BIDDERS
In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City contracts.
A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall
submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION
FORM , PRIME CONTRACTOR WAIVER FORM, 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.
For additional information, contact Rick Trice @ (817) 392- 7959 or Dennis W. Schulze, P.E. of
HDR Engineering,Inc. @ (817) 810-9132,ext. 2801.
CHRLES BOSWELL MARTY HENDRIX
ACTING CITY MANAGER CITY SECRETARY
Department of Engineering
A.Douglas Rademaker,Director
Advertising Dates: By
Rick Trice,P.E.
Interim Assistant Director
September 9,2004
September 16, 2004
Sycamore
532 School Road 2 of 2 Notic to
DOE No
y71 •�tji.�1�/ U ����
- 2 -
SPECIAL INSTRUCTIONS TO BIDDERS
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
Fort Worth, in an amount of not less than 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, payment bond, and a maintenance bond all 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.
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.
Sycamore School Road 1 of 8 Special Instructions to Bidders
DOE No.4532
SPECIAL INSTRUCTIONS TO BIDDERS
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 Compensation and Comprehensive General Liability (Bodily Injury-
$250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each
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.
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
Sycamore School Road 2 of 8 Special Instructions to Bidders
DOE No.4532
SPECIAL INSTRUCTIONS TO BIDDERS
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.
L. Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
M. Upon the request of City, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the
City of Fort Worth will not award this contract to a non resident bidder unless the
nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located.
"Nonresident bidder"means a bidder whose principal place of business is not in this state,but
excludes a contractor whose ultimate parent company or majority owner has its principal
place of business in this state.
"Texas resident bidder"means a bidder whose principal place of business is in this state, and
includes a contractor whose ultimate parent company or majority owner has its principal
place of business in this state.
This provision does not apply if this contract involves federal funds.
Sycamore School Road 3 of 8 Special Instruction to'Btc�e
DOE No.4532 jt ; � ,-;� J•� ��:'1r�1
U�l'�
SPECIAL INSTRUCTIONS TO BIDDERS
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 M 3FIWBE 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 may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE
UTILIZATION FORM, PRIl4E 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 forty-nine (49) days after this documentation is
received,but in no case will the award be made until 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 5% 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 Department of
Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all
applicable addenda may be rejected as non-responsive.
Sycamore School Road 4 of 8 Special Instructions to Bidders
DOE No.4532
SPECIAL INSTRUCTIONS TO BIDDERS
15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Workers Compensation Insurance Coverage
1) Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
worker's compensation insurance coverage for the person's or entity's employees
providing services on a project,for the duration of the project.
Duration of the project-includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §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.
2) 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.
3) The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4) 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.
5) The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
a) 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
b) 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.
6) The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
Sycamore School Road 5 of 8 Special Instructions to Bidders
DOE No.4532
SPECIAL INSTRUCTIONS TO BIDDERS
7) 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.
8) 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.
9) The contractor shall contractually require each person with whom it contracts to
provide services on a project,to:
a) 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;
b) 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;
c) 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;
d) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) 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;
e) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
f) 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
g) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
10) 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
Sycamore School Road 6 of 8 Special Instructions t Bi , r•i o;' /N r; i
DOE No. 4532 !aI � `�
vJ�t J��I?l5 Cllr
SPECIAL INSTRUCTIONS TO BIDDERS
Regulation. Providing false or misleading information may subject the contractor to
administrative, criminal,civil penalties or other civil actions.
11) 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 further covenants that neither it nor its officers,members, agents,or employees, or
person acting on their behalf, shall specify, in solicitations or advertisements for employees to
work on this Contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification,retirement plan or
statutory requirement.
Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold
City harmless against any and all claims or allegations asserted by third parties against City
arising out of Contractor's alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this Contract.
18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the
Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not
unlawfully discriminate on the basis of disability in the provision of services to the general
Sycamore School Road 7 of 8 Special Instructions to Bidders
DOE No.4532
SPECIAL INSTRUCTIONS TO BIDDERS
public, nor in the availability, terms and/or conditions of employment for applicants for
employment with, or current employees of Contractor. Contractor warrants it will fully
comply with ADA's provisions and any other applicable federal state and local laws
concerning disability and will defend indemnify and hold City harmless against any claims or
allegations asserted by third parties against City arising out of Contractor's alleged failure to
comply with the above-referenced laws concerning disability discrimination in the
performance of this Contract.
19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE_ AND
WARRANTY:
A. The contractor will receive full payment (less retainage) from the city for each pay
period.
B. Payment of the retainage will be included with the final payment after acceptance of the
project as being complete.
C. The project shall be deemed complete and accepted by the City as of the date the final
punch list has been completed, as evidenced by a written statement signed by the
contractor and the City.
D. The warranty period shall begin as of the date that the final punch list has been
completed.
E. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment
becoming due and payable.
F. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the
city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city
shall make a progress payment in the amount that city deems due and payable.
G. In the event of a dispute regarding either final quantities or liquidated damages, the
parties shall attempt to resolve the differences within 30 calendar days.
Sycamore School Road 8 of 8 Special Instructions fo Bidders' 5 j,
DOE No.4532
t
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
- 3 -
PROPOSAL
PROPOSAL
TO: Acting City Manager,Fort Worth,Texas
PROPOSAL FOR: the furnishing of all materials except materials specified to be furnished by the
City,equipment and labor for the installation of pavement and drainage improvements and all
necessary appurtenances and incidental work to provide a complete and serviceable project
identified as:
Sealed proposals for the following:
PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD
(TRAIL LAKE TO CREEKMORE DRIVE)
PROJECT NUMBER(S): Cl l l-030111040628
DOE NO.4532
In strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and
at the
Prices stated below.
By submission of this PROPOSAL, each BIDDER certifies, and in the case of a joint
PROPOSAL each party thereto certifies as to his own organization, that this PROPOSAL has
been arrived at independently without consultation, communication, or agreement as to any
matter relating to this PROPOSAL with any other BIDDER or with any other competitor.
Bidder hereby agrees to commence WORK under this contract on or before a date to be specified
in the NOTICE TO PROCEED and fully complete the PROJECT within 40 working days
thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $250.00 for each
consecutive calendar day thereafter as provided in the Transportation and Public Works
Department Special Provisions.
Pursuant to the foregoing "Notice to Bidders", the undersigned bidder having thoroughly
examined the Contract Documents, including plans, special contract documents, and the General
Contract Documents and General Specifications for the Water Department Projects,the site of the
project and understanding the amount of work to be done, and the prevailing conditions, hereby
proposes to do all the work, furnish all labor, equipment, and material except as specified to be
furnished by the City, which is necessary to fully complete the work as provided in the Plans and
Contract Documents and subject to the inspection and approval of the Engineering of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and
furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other
bonds, if any, as may be required by the Contract Documents for the performing and completing
of the said work. Contractor proposes to do the work within the time stated and for the following
sums:
Sycamore School Road 1 of 4 Proposal
DOE No.4532
BID ITEMS
Furnish and install,including all appurtenant work,complete in place,the following items;
SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT
NO. NO. QTY. WRITTEN IN WORDS PRICE BID
SP 6 1 1 LS Utility adjustments @
SP 41 FIVE THOUSAND Dollars $ 5.000.00 $ 5.000.00
and NO Cents per LS
TIPW Spec 2 2 EA Project designation sign @
Page 400 THREE HUNDRED Dollars $ 300.00 $ 600.00
SP 41 And NO Cents per EA
104 3 65 SY Saw cut and remove existing ncrete pavement @ l
SP 25 ( '� (J( $ 20 r $
SP 41 Dollars
and cA0 Cents per SY
104 4 148 LF Remove existing curb and gutter @ uC�
SP 25 $ $ q-6
SP 41 Dollars
and �f�' Cents per LF
106 5 634 CY Unclassified street xcavation @
SP 41 (ii GJ $
Dollars
and (.J1iP Cents per CY
114 6 64 CY Select fill material @
112 $
SP 41 Dollars
and iA C Cents per CY
212 7 25 TON Lime for jubgrade(30#/S @ $
SP 41
Dollars
and Cents per TON
210 8 1673 SY 6-inch lime-stabi'zed subgrade @
SP 41 f Dollars $ `� $
and vyL p Cents per SY
314 9 1592 SY 7-Inch reinforced cc rete pavement @ c� �J
SP 41 1 CQ 1 � .rt_> $ ''r$
Dollars
and Cents per SY
Sycamore School Road 2 of 4 Proposal
DOE No.4532
BID ITEMS
SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT
NO. NO. QTY. WRITTEN IN WORDS PRICE BID
502 10 799 LF 7-inch concrete cu@
rq
SP 41 t� $ 3
Dollars
and ��� Cents per LF
504 11 1,510 SF 4-inch standard sidewalk @ a _
SP 41 / G7 <�—� $
Dollars
and Cents per SY
504 12 1 EA Sidewalk ramp @ J v d
SP 41 s (vtCl' �P�/ $ $
ht Dollars
and pqA Cents per EA
SP 6 13 254 EA Roadway markings-buttons @ Cj
SP 41 ( $ $ 132-0
Dollars
andLig L4 Cents per EA
116 14 103 CY Topsoil,as directed by engineer @ /
-33
SP 41 1s- ( 'e 1Y'0 C'— Dollars $ '� $
and Ll c`� Cents per CY
SP 10 15 1 MO Traffic contr 1 @Pr ►RC1 ud� 2 'l��`�o
SP 41 �L�+'�°G� / Dollars
and Cs Cents per MO
SP 6 16 1 LS Storm water
pollution pr Lection plan@
SP 41 �� x'I�P G� e /
0 C t• t om' $
Dollars
and �/AQ Cents per IS
SP 41 17 2113 LF Silicone sealant o joints @
$
Dollars
r
and Cents per LF
12—SyTOTAL PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD $ 7�7 312—
Sycamore
camore School Road 3 of 4 P@� dal �v��� �•
DOE No.4532
PROPOSAL
Within ten (10) days after acceptance of this proposal, the undersigned will execute the formal contract
and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of this 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 certifies that he has been furnished at least one set of the Standard Specifications
for Street and Storm Drain Construction — City of Fort Worth, 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 the terms of City Ordinance No. 7278 as
amended by City Ordinance No. 7400.
(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
statue 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.
This contract is issued by an organization which qualifies for exemption pursuant to the provisions of
Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All Equipment and materials not
consumed by or incorporated into the project construction, are subject to State sales taxes under house
Bill 11, enacted August 15, 1992. The successful Bidder shall be required to complete the attached
Statement of Materials and Other Charges contractor at the time of executing the contract.
The Bidder agrees to begin construction within ten (10) working days after issue of the work order, and
to complete the contract within forty (40) working days after beginning construction as set forth in the
written work order to be furnished by the Owner.
I (we), acknowledged receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration in preparing the foregoing bid:
Addendum No. I(Initials) Respectively submitted,
Addendum No. 2(Initials) �1
Addendum No. 3 (Initials) C C6 0 LZ -to C-1
Addendum No. 4(Initials)
By:
Title: pre
re S 1'C60C
i
Address: Q 0 O X r 9 /c
(SEAL)
i
Date: Telephone: 7 " 2-
Sycamore
Sycamore School Road 4 of 4 Pro osdv
DOE No.4532 �;
- 4 -
VENDOR COMPLIANCE TO STATE LAW
VENDOR COMPLIANCE TO STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative to the awards contracts to non-
resident bidders. The law states that,in order to be awarded a contract as low bidder,non-resident bidders
(out-of-state contractors whose corporate offices or principal place of business are outside of the state of
Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than
the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident in order to obtain a comparable contract in the state in which the non-resident's
principal place of business is located. The appropriate blanks of Section A must be filled out by all out-of-
state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-
resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box
in Section B.
A. Non-resident vendors in (give state),our principal place of business,are
required to be percent lower than resident bidders by state law. A copy of the statute is
attached.
Non-resident vendors in (give state),our principal place of business,are not
uired to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas.
BIDDER:
M106LI Ci
,111141,tl
By: Q��UZZ222
Company
PQ �3 X I Signature: C'l G C
( K 76 G ?7 Title:
City State Zip (please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
Sycamore School Road 1 of 1 Vendor Compliance to State Law
DOE No.4532
10_06-04 A11 : 18 IN
McClendon Construction Co., Inc.
MBE/WBE Compliance Report
City of Fort Worth
Sycamore School Road Paving Improvements
Trail Lake Drive to C reekmo re Drive
Project # C111-030111040628
October 5, 2004
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
i SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar Value of the contract Is $25,000 or more, the M/WBE goal is applicable,
If the total dollar value of the contract is less than$25,000,the M/WBE goal isnot applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
M/WBE PROJECT GOALS
The City's MBE/WBE goal on this project is 12 %of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
l On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by
either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
1 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.
1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if no M/WBE participation: 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.
5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date, exclusive of the bid opening date.
1
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at (817) 871-6104.
Rev. 5/30/03
i
ATTACHMENT 1A
Page 1 of 4
FORT WORTH City of Fort Worth
10-06-04 Al 1 = 25 III
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
Me, Clei4doA CDr'OS irvtktoh Co. In M/W/DBE NON-M/W/DBE
PROJECT NAME:
BID DATE
S r,61Moee Scln.aal koa6 PA%tilj lmprove_MeAl S ev 3a Zot4--
s M/WBE Project Goal; Prime's M/V11BE Project Utilization: PROJECT NUMBER
12.% 31...`t2 Bio C,111 -0301 t 1 na-o116zg
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
,.
m
Department on or before 5:00 p. . five (5) City business days afterbid 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' misrepresentationof facts is grounds for consideration of disqualification and will result-in the
Ibid.being considered non-responsive to bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier,is the level'of subcontracting'below:.the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1 S` tier, a payment by a subcontractor to
its supplier is considered 211
°d'tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized,` the prime will be. given:'credit as long as the M/WBE listed owns and
operates at least one fully licensed'and operational truck to be used on the contract." The M/WBE may,lease
trucks from another M/WBE firm, including M/WBE owner-operators, and receive.full M/WBE credit.` The
M/WBE may lease trucks from non -M/WBEs, 'including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev.5/30/03
ATTACHMENT IA
Page 2 of 4
FORT10-06-04 411 : 25 IN
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.
N
1 J Certiflcation o(check one)
SUBCONTRACTOR/SUPPLIER TN T ,, Detail
Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount
Address e M W T D W,
Telephone/Fax r E E R O B I
C T E;
A
GvnPe-►n•, Co I)
P•o• 00A 357,4
N11461 TX 75235 v TO
►�,: (?-14-) 634- 2994 /\ Seidartk ' I7q(,o5
fix: (.21'��-�34-bg63 ,
R�w✓ ck
Fuel
IZoI FVe,
VUkA(AI Pkwt�
{,Mess Tx -Iuw4o y 112,610
PIS: (�i�) 2�8-Sgto I
14TG IM114Cv11A15 Sa-AA Topsai I10
—701 DeHaiY Se.eit FII t
Wov+ ,Tx 74III l
Pk'• (5i-1) 834 -11`bI
Levm(4 -fvvcw;� �IowloF� Tr�ckin,
Z40A
Fov+ Wov4H,TX 74W ✓ ,• a o0
N (, V 50 t- 4667 � 6 �I
4uah Qv6jo Trutki
� NavlA Tock;K o0
g000 covN44 ads la 6 I ,33$ —
AWavub t TX 7b00q
�ow�wKTrvftn� ��vo�ec-� slq�5 s 55 Z a8
aZZb gr�aK (}1�G t
FOVIV W00-14 tT� 7,104- _ m
Wl� 42-4-452-4
IR,ev ?k30103
I
FORT WORTH ; t u 6A; I ATTACHMENT 1 A
Page 3 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.
+ CfantJ
( °
SUBCONTRACTOR/SUPPLIER Tn
Company Name i Detail Detail
+ Address a ryl M Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r e
E B
E.
CoW�Wv1 R-ecli-�'�
1�0, gOX, 1(P232-7 �oHCrc
ZI0^
r`DA Wovk�tTx 76161 ` X 12eadd 1�/l iX t (a74
1 5LI)751- Iq Lq
a
R>,� Wova I t,TK-7(,u) y 5 1 b Z oO"o
C3T s-cVViccS
c-�wall�TX 7GV6-7 3 1`b °o
V ke r5
Pk 072)-7-11 3832
Seti� Tra�L C�,.�1 `KC,
�ar,r Cc(Ae S
00
r [3u.les6-t�TK 74dr1'] 5� I(OOO
i
Ph C�rl�2�t5-oo co�
i
$ I
i
ii
Rev. 5/30/03
FORT WORTH ATTACHMENT 1A
10-06-04 A11 : 25 IN Page 4 of 4
[Total
otal Dollar Amount of M/WBE Subcontractors/Suppliers
2-9 33bt8
Dollar Amount of Non-M/WBE Subcontractors/Suppliers TAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS
3513Z(oz3
The Contractor will not make additions deletions, or substitutions to this certified list without the prior approval
of the Minority and_ Women Btasihess Enterprise Office Manager. or designee. through the>submittal-_
Request fog Approya/ of Cha nge/Addition AnY unjusti'fied change or tleletion steal of_a
contract and may result In'debarment in accord with the procedures outlined m the ordinan eaThelcontractof
shall submit a detailed explanation of how the`re nested:change/addition or deletion will affectahe committ r
M/WBE'goal If the detail explanation is`notsubmitfed, it well affect the fnal co'mpliatce determiraf,on
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
Local laws concerning false statements. Any failure to comply fwith nthis i ordinalnceuadndrereateaa State or
mate
breach of contract may result in a determination of an irresponsible Offeror and barred from participatingrial
City work for a period of time not less than one (1) year.
- �ea/;� r
Authorized Signature Re4 Moral2.s
/J Pnnted�Signature
v-
IILM
Contact Namerritie(if different)
Cn I ��S �Q�q
company Name " $kl
Telephone and/or Fax
l�. b •g Dx G�c�i
Address ( WlOvo��es Q �t�G�ect�v, ( bnSi v 1l� o cn
E-mail Address
1—ty/State/Zip r�,o-7 (0/05 j O�-
Date
Rev.5/30/03
- E -
SPECIAL PROVISIONS
SPECIAL PROVISIONS
SPECIAL PROVISIONS CONTENTS
ITEM PAGE NO.
1. Scope of Work 2
2. Submission of Bids and Award of Contract(s) 2
3. Preconstruction Conference 2
4. Project Abandonment 2
5. Notice to Proceed(Work Order) 2
6. Specifications 2
7. Bid and Contract Documents 3
8. Defective Workmanship 3
9. Construction Staking 3
10. Traffic Control 3
11. Payment 4
12. Delays 4
13. Detours 4
14. Barricades and Warning Signs 4
15. Examination of Site 4
16. Zoning Compliance 5
17. Water for Construction 5
18. Waste Material 5
19. Cleanup for Final Acceptance 5
20. Protection of Existing Utilities and Improvements 5
21. Construction Schedule 5
22. Safety Restrictions-Work Near High Voltage Lines 5
23. Contractor's Responsibility for Damage Claims 6
24. Quality Control Testing 7
25. Cutting of Concrete 8
26. Sanitary Facilities for Workmen 8
27. Subsidiary Work 8
28. Legal Relations and Responsibilities to the Public 8
29. Right to Audit 8
30. Wage Rates 9
31. Crossing of Existing Utilities 9
32. Exploratory Excavation 9
33. Test Holes 9
34. Tie-Ins 9
35. Equal Employment Provisions 10
36. Tax Exemptions 10
37. Contractor's Compliance with Workers'Compensation Law 10
38. Spoil/Fill Material 13
39. Easements and Permits 13
40. Ingress and Egress 13
41. Construction Items 13
Sycamore School Road 1 of 25 Special Provisions
DOE No.4532
_ l
SPECIAL PROVISIONS
CITY OF FORT WORTH,TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
PAVING IMPROVEMENTS SYCAMORE SCHOOL ROAD
(TRAIL LAKE TO CREEKMORE DRIVE)
PROJECT NUMBER(S): C111-030111040628
DOE NO. 4532
1. SCOPE OF WORK: The work covered by the Plans and Specifications consist of the
following:
Paving, storm drainage, and all other miscellaneous items of construction to be performed as
outlined in the plans and specification which are necessary to satisfactory complete the work.
2. SUBMISSION OF BIDS AND AWARD OF CONTRACT(S);
The Proposal Section of the Special Contract Documents is arranged to allow the Contractor
to submit one single bid; this document is designed as one set of contract documents and shall
be construed as a single package. Award of contractor shall be to the low bidder.
3. PRECONSTRUCTION CONFERENCE
After the contract has been awarded, the General Contractor and representatives of all the
subcontractors shall attend a Pre-Construction Conference. This meeting will include the
review of the Contractor's proposed construction methods, Traffic Control Plan, and
schedules in accordance with Item 8.2 of the General Provisions.
4. PROJECT ABANDONMENT: 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.
5. NOTICE TO PROCEED (WORK ORDER):
Once the Notice to Proceed is issued, the Contractor is reminded of the liquidated damages
provisions of this contract for delays in completing the work in the number of working days
specified in the proposal.
6. 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
�, i nr ca,nom
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A copy of either of these specifications may be purchased at the office of the Transportation
and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort
Worth,Texas 76102. The specifications applicable to each pay item are indicated by the call-
out for the pay item by the designer. 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.
Additionally, subject To modifications as herein contained, the Fort Worth Water
Department's General Contract Documents and General Specifications, with revisions
through January 1, 1978, are made a part of the Contract Documents for this Project. The
Plans, Special Conditions and Provisions Documents,and the rules regulations,requirements,
instructions, drawings or details referred to by manufacturer's name, number or identification
included therein as specifying,referring or implying product control,performance,quality, or
other shall be binding upon the Contractor. The specifications and drawings shall be
considered cooperative; therefore, work or material called for by one and not shown or
mentioned in the other shall be accomplished or furnished in a faithful manner as though
required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily,
follow the guidelines listed below:
6.1 Plans
6.2 Contract Documents
6.3 General Contract Documents and General Specifications
The Special Provisions herein shall be applicable to this Project and shall govern over any
conflicts with the General Contract Documents under the provisions stated above.
7. BID AND CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any
portion, segment or sheets from the contract document 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.
8. DEFECTIVE WORKMANSHIP: The Contractor shall be responsible for defects in this
prosect due to faulty materials and workmanship,or both,for a period of two (2) years
for all construction items, from date of final acceptance of this prosect by the City
Council of the City of Fort Worth and will be required to replace at his expense any part or
all of this project which becomes defective due to these causes.
9. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the
City as outlined in Section 5.8, Standard Specifications for Construction,City of Fort Worth.
10. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control
during the construction of this project consistent with the provision set forth in the "1980
Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under
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the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified
as Article 6701d Vernon's Civil Statutes,pertinent sections being Section Nos. 27, 29, 30 and
31. The Contractor shall provide the Engineer with a Traffic Control Plan for this
project at the Pre-Construction Conference.
The Contractor will not remove any regulatory sign, instructional sign, street name sign or
other sign which has been erected by the City. If it is determined that a sign must be removed
to permit required construction, the Contractor shall contact the Transportation/Public Works
Department, Signs and Markings Division, (Phone Number 817-392-8100) 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.
11. PAYMENT: The Contractor will receive full payment from the City for all work.
12. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the
work,except when direct and unavoidable extra cost to the Contractor is caused by the failure
of the City to provide information or material, if any, which is to be furnished by the City.
When such extra compensation is claimed, a written statement thereof shall be presented by
the Contractor to the 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 from all his obligations hereunder which shall remain in
full force until the discharge of the contract.
13. DETOURS: 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.
14. BARRICADES AND WARNING SIGNS: 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 ".
.15. 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 the 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.
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16. ZONING COMPLIANCE: During the construction of this project, the Contractor shall
comply with present zoning requirements of the City of Fort Worth in the use of vacant
property for storage purposes.
17. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor
at his own expense.
18. WASTE MATERIAL: All waste material shall become the property of the Contractor and
shall be disposed of by the Contractor at locations approved by the Engineer. All material
shall be disposed of in such a manner as to present a neat appearance and to not obstruct
proper drainage or to cause injury to street or railroad improvements or to abutting property.
19. CLEANUP FOR FINAL ACCEPTANCE: Final cleanup work shall be done for this project
as soon as the paving, and curb and gutter have been constructed. No more than fourteen
calendar days shall elapse after completion of construction before the roadway, right-of-way,
and drainage and utility easements are 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. Final acceptance of the completed
project work shall be given by the City of Fort Worth Department of Engineering.
20. 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 improvements such as landscaping, fencing, and temporary
storage structures, and the like, damaged by the Contractor, shall be repaired to as good or
better condition as found, or 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.
21. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the
Construction Engineer, prior to construction, a schedule outlining the anticipated time each
phase of construction will begin and be completed, including sufficient time being allowed
for cleanup.
22. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES:
The following procedures will be followed regarding the subject item on this contract:
22.1 A warning sign not less than five inches by seven inches, painted yellow with black
letters that are legible at twelve feet shall be placed inside and outside vehicles such as
cranes, derricks, power shovels,drilling rigs, pile drivers,hoisting equipment or similar
apparatus. The warning sign shall read as follows:
"WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET
OF HIGH VOLTAGE LINES."
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22.2 Equipment that may be operated within ten feet of high voltage lines shall have
insulating cage-type of guard about the boom or arm, except back hoes or dippers, and
insulator links on the lift hook connections.
22.3 When necessary to work within six feet of high voltage electric lines,notification shall
be given the power company (Texas Utilities Electric) who will erect temporary
mechanical barriers,de-energize the lines,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 Texas Utilities
Electric, and shall record action taken in each case.
22.4 The Contractor is required to make arrangements with Texas Utilities Electric
Company for the temporary relocation or raising of high voltage lines at the
Contractor's sole cost and expense.
22.5 No person shall work within six feet of a high voltage line without protection having
been taken as outlined in Paragraph(c).
23. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The 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 thiscontract
from and against any and all claims for damages or injuries, including death, to any and all
persons or property, of whatsoever kind of 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
or employees; and said Contractor does hereby covenant and agree to assume all liability and
responsibility of City for injuries, claims or suits for damages to any and all persons or
property, of whatsoever kind or character, occurring during the term of this agreement and
arising out 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 from and against any and all injuries or
damages to property of the City during the performance of any of the terms and conditions of
this Contract, whether arising out of or in connection with or resulting from any and all acts
or omissions of the City, their officers, agents, servants, or employees, or caused by
negligence on the part of the City, or 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 against 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 evidenced by a final inspection, final payment to the
Contractor shall not be recommended by the Director of 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 30day
period, the Contractor may be deemed to be entitled to a semi-final payment for work
completed, such semi-final 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 Contractor arising out of
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the performance of such work, and such semi-final payment may then be recommended by
the Director.
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 from the claimant involved,
or
(b) Good faith efforts have been made to settle such outstanding claims, and such good
faith efforts have failed.
If condition (a) above is met at any time within the six months period, the Director shall
recommend that the final payment to the Contractor be made. If condition (b)above is met at
any time within the six month period, the Director may recommend that the final payment to
the Contractor be made. At the expiration of the six months period,the
Director may recommend that final payment be made if all other work has been performed
and all other obligation of the Contractor have been met to the satisfaction of the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Department of
Engineering contract work from a Contractor against whom a claim for damages is
outstanding as a result of work performed.under a City contract or under a developer-let
contract for City of Fort Worth street and/or storm drainage facilities.
24. QUALITY CONTROL TESTING:
24.1 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.
24.2 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.
24.3 Quality control testing of in-place material on this project will be performed by the City
at its own expense. Any retesting required as a result of failure of the material to meet
project specifications will be at the expense of the contractor and will be billed at
commercial rates as determined by the City. The failure of the City to make any tests
of materials shall in no way relieve the contractor of its responsibility to furnish
materials and equipment conforming to the requirements of the contract.
24.4 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
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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.
24.5 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.
25. CUTTING OF CONCRETE: When existing concrete is cut,such cuts shall be made with
concrete saw. All sawing shall be subsidiary to the unit cost of the respective item.
26. SANITARY FACILITIES FOR WORKMEN:The Contractor shall provide all necessary
sanitary conveniences for the use of workmen at the project site. Specific attention is
directed to this requirement.
27. SUBSIDIARY WORK: Any and all work specifically governed by documentary
requirements for the project, such as conditions imposed by the Plans, the General Contract
Documents or these special Contract Documents, in which no specific item for bid has been
provided for in the Proposal, shall be considered as a subsidiary item of 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 mail boxes are general items of work which fall in the category of
subsidiary work.
28. 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.
29. RIGHT TO AUDIT:
29.1 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 work space in order to conduct audits in
compliance with the provisions of this section. The City shall give contractor
reasonable advance notice of intended audits.
29.2 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.
29.3 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:
29.3.1 50 copies and under- 10 cents per page.
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29.3.2 More than 50 copies - 85 cents for the first page plus fifteen cents for each
page thereafter.
30. 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 sub-contractor on the site of the Project covered
by these Contract Documents. In no event shall less than the following rates of wages be
paid.
31. CROSSING OF EXISTING UTILITIES: Where a sanitary sewer line crosses over the storm
drain the sanitary sewer or sanitary sewer service line shall be made water tight or be
constructed of ductile iron pipe. The required length of replacement shall be determined by
the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class
51 Ductile Iron Pipe with polyethylene wrapping. Adaptor fittings shall be a urethane or
neoprene coupling A.S.T.M. C.425 with series 300 Stainless Steel compression straps.
Payment for work such as backfill,fittings,tie-ins and all other associated appurtenants
required, shall be included in the linear foot price of appropriate bid item.
32. EXPLORATORY EXCAVATION: In addition to those areas as may be designated on the
Drawings, it shall be the Contractor's responsibility to excavate and locate existing utilities
which may affect construction of the storm drain. All exploratory excavations shall occur far
enough in advance to permit any necessary relocation to be made with minimum delay. All
costs incurred by the Contractor in making exploratory excavations shall be considered to be
included in the unit price bid for constructing of storm drain or the associated structures.
33. TEST HOLES: The matter of subsurface exploration to ascertain the nature of the soils,
including the amount of rock, if any, through which this pipeline installation is to be made is
the responsibility of any and all prospective bidders, and any bidder on this Project shall
submit his bid under the condition. Whether prospective bidders perform this subsurface
exploration jointly or independently, and whether they make such determinations by the use
of test holes or other means, shall be left to the discretion of such prospective bidders.
A copy of the Boring Logs performed on the site, with locations as identified on the plan, is
attached as Appendix A at the back of the Specification documents. It should be noted that
this investigation was made for design purposes only and that verification of the subsurface
conditions for purposes of determining difficulty of excavation, trafficability, etc., the
responsibility of the Contractor.
The cost of the rock removal and other associated appurtenants, if required, shall be included
in the linear foot bid price of the pipe.
34. TIE-INS: The Contractor shall be responsible for making the tie-in from the existing inlets to
the new storm drain as shown on the plans. It shall be the responsibility of the Contractor to
verify the exact location and elevation of the existing line tie-ins. Any differences in
locations and elevation of existing line tie-ins between the contract drawings and what may
be encountered in the said work shall be considered as incidental to construction. The cost
of making tie-ins from existing storm drain structures to new storm drain shall be included in
the linear foot bid price of the pipe.
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35. EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with City Ordinance
Number 7278 as amended by City Ordinance Number 7400(Fort Worth City Code Sections
13-A-21 through 1 3-A-29)prohibiting discrimination in employment practices.
The Contractor shall post the required notice to that effect on the Project site, and,at his
request, will be provided 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.
36. TAX EXEMPTIONS: This contract is issued by an organization which qualifies for
exemption pursuant to the provisions of Article 20-04(F) of the Texas Limited Sales, Excise
and Use Tax Act. All equipment and materials not consumed by or incorporated into the
Project construction, are subject to State sales tax under House Bill 11, enacted August 15,
1991. All such taxes shall be included in the various amounts on the Proposal form. The
successful Bidder shall be required to submit a breakdown between labor and material costs
prior to execution of the contract.
37. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION
LAW:
37.1 Workers Compensation insurance Coverage
37.1.1 Definitions:
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 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 1406.096) 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 meet 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.
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The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
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.
37.1.2 The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
37.1.2.1 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 al persons providing services on the project; and
37.1.2.2 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.
37.1.3 The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
37.1.4 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.
37.1.5 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.
37.1.6 The Contractor shall contractually require each person with whom it contracts to
provide services on a project,to:
37.1.6.1 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 its
employees providing services on the project,for the duration of the project;
37.1.6.2 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;
37.1.6.3 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;
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37.1.6.4 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:
37.1.6.5 retain all required certificates of coverage on file for the duration of the
project and for one year thereafter.
37.1.6.6 notify the governmental entity in writing by certified mail or personal
delivery, within ten (10) days after the person knew or should have know,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
37.1.6.7 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.
37.1.7 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.
37.1.8 The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
37.2 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 service related to
this construction project must be covered by workers' compensation insuranc .
LA
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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".
38. 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 that filling is not occurring within a
flood plain without a permit. A flood plain permit can be issued upon approval of necessary
engineering studies. No fill permit is required if disposal sites are not in a flood plain.
Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the
Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit
authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit,
including any necessary engineering studies, shall be at Contractor's expense. In the event
that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from
the Administrator approving the disposal site, upon notification by the Director of The
Department of Engineering, Contractor shall remove the spoil/fill material at its expense and
dispose of such materials in accordance with the Ordinances of the City and this section.
39. EASEMENTS AND PERMITS: In the event additional work room is required by the
Contractor, it shall be the Contractor's responsibility to obtain permission from the property
owners involved for the use of additional property required. No additional payment will be
allowed for this item. All property affected by construction shall be cleaned up after use and
restored to their original conditions or better and shall be subsidiary to contract.
40. INGRESS AND EGRESS: The Contractor shall provide ingress and egress to the property
being crossed by this construction and adjacent property when construction is not in progress
and at night. Drives shall be left accessible at night,on weekends,and during holidays.
41. CONSTRUCTION ITEMS:
NON-PAY ITEM No. 1 -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 No. 2-SPRINKLING FOR DUST CONTROL:
All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control"
shall apply. However,no direct payment will be made for this item and it shall be considered
incidental to this contract.
NON-PAY ITEM No. 3 -PROTECTION OF TREES PLANTS AND SOIL:
Sycamore School Road 13 of 25 Special Provisions
DOE No.4532
SPECIAL PROVISIONS
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(817) 871-5738. All tree work shall be in compliance with
pruning standards for Class H Pruning as described by the National Arborist Association. A
copy of these standards can be provided by calling the above number. Any damage to public
trees due to negligence by the Contractor shall be assessed using the current formula for
Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for
negligent damage to public trees shall be made to the City of Fort Worth and may be withheld
from funds due to the Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
NON-PAY ITEM No.4-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 No. 5—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 No. 6—PROJECT SCHEDULE:
Sycamore School Road 14 of 25 Special Provi ioris w�i'°11 1: ��J��L
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SPECIAL PROVISIONS
Contractor shall be responsible for producing a project schedule at the pre-construction
conference. This schedule shall detail all phases of construction, including project clean up,
and allow the contractor to complete the work in the allotted time. Contractor will not move
on to the jobsite nor will work begin until said schedule has been received and approval
secured from the Construction Engineer. However, contract time will start even if the project
schedule has not been turned in. Project schedule will be updated and resubmitted at the end
of every estimating period. All costs involved with producing and maintaining the project
schedule shall be considered subsidiary to this contract.
NON-PAY ITEM No. 7—NOTIFICATION OF RESIDENTS:
In order to cut down on the number of complaints from residents due to the dust generated
when saw-cutting joints in concrete pavement,the Contractor shall notify residents,in
writing,at least 48 hours in advance of saw-cutting joints during the construction of paving
projects.
All costs involved with providing such written notice shall be considered subsidiary to this
contract.
NON-PAY ITEM No. 8—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 871-
8306.
All work involved with the pre-construction notification flyer shall be considered subsidiary
to the contract price and no additional compensation shall be made.
NON-PAY ITEM No. 9—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.
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SPECIAL PROVISIONS
NON-PAY ITEM No. 10—REMOVAL OF EXISTING DIRECTIONAL SIGNS:
The contractor shall remove all existing directional signs as indicated in the plans. Signs and
their footings shall be removed and placed on the right-of-way behind the curb to be picked
up by City staff.Holes from sign removal shall be filled in and covered over to blend with the
surrounding ground.
"STANDARD SPECIFICATIONS" IN ALL OF THE FOLLOWING ITEMS MEANS
STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION
CITY OF FORT WORTH TEXAS TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
PAY ITEM NO. 1—UTILITY ADJUSTMENTS:
This item is included for the basic purpose of establishing a contract price which will be
comparable to the final cost of making necessary adjustments required due to street
improvements to the water, sanitary sewer, and natural gas service lines and appurtenances;
telecommunications lines and appurtenances; and signal and lighting lines and appurtenances,
where such service lines and appurtenances are the property owner's responsibility to
maintain. An arbitrary figure has been placed in the Proposal; however, this does not
guarantee any payment for utility adjustments, neither does it confine utility adjustments to
the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the
services of a licensed plumber to make the utility adjustments determined necessary by the
Engineer. No payment will be made for utility adjustments except those adjustments
determined necessary by the Engineer. Should the Contractor damage service lines due to his
negligence, where such lines would not have required adjustment or repair otherwise, the
lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The
payment to the Contractor for utility adjustments shall be the actual cost of the adjustments
plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in
handling the utility adjustments.
PAY ITEM No. 2—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 paint,painting and lettering on
the signs shall be approved by the Engineer.The height and arrangement of lettering shall be
in accordance with the enclosed detail.The sign shall be constructed of 3/4"fir plywood,grade
A-C 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.
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SPECIAL PROVISIONS
PAY ITEM NO.3—SAW CUT AND REMOVE EXISTING CONCRETE PAVEMENT
Where shown on the plans or where designated by the Engineer, existing pavement shall be
removed and disposed of in a manner satisfactory to the Engineer. The existing reinforcing
steel at construction joints shall be cleaned and lapped a minimum of 40 bar diameters with
the new reinforcing steel of the proposed pavement. Existing pavement shall be sawcut and
removed two linear feet off of the curb line. Measurement will be by the square foot as
shown on the proposal and will be full compensation for the removal and disposal of the
existing pavement removed, and for all labor, tools and incidentals (including saw-cutting
where required)necessary to complete the work.
The contractor shall protect fences, retaining walls, utilities, and all other structures
during the removal of the sidewalks. The contractor shall be responsible for damage to
all adjacent structures and utilities and shall repair or replace structures and utilities at
contractor's own expense.
PAY ITEM NO. 4-REMOVE EXISTING CURB AND GUTTER
Where shown on the plans or where designated by the Engineer, existing curb and/or gutter
and existing laydown curb shall be removed and disposed of in a manner satisfactory to the
Engineer. The existing curb and gutter shall be removed to the nearest construction joint or
saw cut as directed by the Engineer. The existing reinforcing steel at construction joints shall
be cleaned and lapped a minimum of 40 bar diameters with the new reinforcing steel of the
proposed curb and gutter. Measurement will be by the linear foot for curb (including
laydown 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,
equipment,tools,and incidentals necessary to complete the work.
The contractor shall remove and salvage all existing storm drains that are routed
through the curb. Storm drains shall be reinstalled with the construction of the
proposed attached concrete curb. If the storm drains are not salvageable, the
contractor shall provide replacement storm drain pipes of equal or better or as directed
by the Engineer. This work shall be considered subsidiary to the removal of curb and
gutter.
PAY ITEM NO. 5—UNCLASSIFIED STREET EXCAVATION:
See Standard Specification Item No. 106, "Unclassified Street Excavation" for specifications
governing this item. Removal of existing penetration or asphalt pavement shall be included
in this item. All objectionable material found within the limits of excavation shall be
removed from the job site and disposed of in a manner satisfactory to the Engineer. Removal
of such shall be subsidiary to this item unless otherwise provided herein. Operations
necessary to windrow existing gravel base in order to lower or raise subgrade shall be
considered a subsidiary to this item and no additional compensation shall be given as such.
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 the unit price 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.
Sycamore School Road 17 of 25 Special Provisions
3
DOE No.4532
SPECIAL PROVISIONS
PAY ITEM NO. 6—SELECT FILL MATERIAL:
See Standard Specification Item No. 114, `Embankment" for specifications governing this
item. Select fill material shall be used to reestablish a stable,draining grade in the median and
the parkway. It shall be placed to establish a smooth finished grade as directed by the
Engineer. Measurement will be by the cubic yard as shown on the proposal and will be full
compensation for the placement and grading of the select fill material, and for all labor, tools
and incidentals necessary to complete the work.
PAY ITEM NO. 7—LIME FOR SUBGRADE(30 LBS/SY):
This item shall be governed by Standard Specification Item No. 212 "Hydrated Lime and
Lime Slurry". Where the Standard Specifications reference "at the rate specified on the
plans" the reference shall be changed to "at the rate specified in the Contract Documents if
not otherwise shown on the plans". Lime content shall be specified as 30 LBS/SY. The unit
price bid per ton of lime shall be full compensation for all labor, tools, and equipment
necessary to complete the work.
PAY ITEM NO. 8—6-INCH LIME-STABILIZED SUBGRADE:
This item shall be governed by Standard Specification Item No. 210 "Lime Treatment
(Material Manipulation)" except as modified herein. Where the Standard Specifications
reference "at the rate specified on the plans," the reference shall be changed to "at the rate
specified in the Contract Documents if not otherwise shown on the plans". The unit price bid
per square yard shall be full compensation for all labor, tools, and equipment necessary to
complete the work.
PAY ITEM No. 9 -7"REINFORCED CONCRETE PAVEMENT:
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.
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:
When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be
needed.
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.
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.
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.
(1) Paragraph 314.6 PENALTY FOR DEFICIENT PAVEMENT THICKNESS shall be
replaced with the following;
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SPECIAL PROVISIONS
314.6 PENALTY FOR DEFICIENT PAVEMENT THICKNESS: It is the intent of this
specification that the pavement be constructed in strict conformity with the thickness and
typical sections shown in the plans. Where any pavement is found not so constructed, the
following rules relative to adjustment of payment for acceptable pavement and to
replacement of faulty pavement shall govern.
(2) The pavement will be core drilled at the expense of the City of Fort Worth prior to final
acceptance. The thickness of the pavement will be determined by measurement of the cores at
such points as the engineer may select. Cores will be drilled from the width of normal
thickness of the section and the thickness of individual cores will be determined by averaging
at least three (3)measurements.
(3) Pavement thickness deficiency up to 0.20" will be considered as satisfactory and the
contract unit price will be used for payment. Deficiencies of greater than 0.20" and less than
0.50" shall be paid as a percentage of contract price bid as shown in the following table:
Deficiency Percentage of Contract
Price Allowed
0.21"—0.30" 80
0.31"-0.40" 70
0.41"—0.50 60
For the purposes of determining the area of deficiency, cores will be taken along the length of
pavement in each direction until cores are obtained that are least plan thickness less 0.20"
The area will then be calculated as the length determined multiplied by the entire width of
pavement. The percentage of contract allowed for the area determined will be based on the
average deficiency from all of the cores taken along the length of pavement within the area of
deficiency.
(4) Payment will not be made for pavement deficiency of greater than 0.50" and will be
removed and replaced with pavement of plan thickness at contractor's entire expense.
For the purposes of determining the area of deficiency, cores will be taken along the length of
pavement in each direction until cores are obtained that are least plan thickness less 0.0.50"
The area to be removed will then be calculated as the length determined multiplied by the
entire width of pavement.
PAY ITEM NO. 10—7-INCH CONCRETE CURB:
Where shown on plans or where designated by the Engineer, 7-inch curb and laydown curb
(at drive approaches and ramps) shall be constructed in accordance with standard details on
plans and Standard Specification Item No. 502, or as directed by the Engineer. Concrete
gutter shall be included in this pay item per linear foot of curb. The existing reinforcing steel
at construction joints shall be cleaned and lapped a minimum of 40 bar diameters with the
new reinforcing steel of the proposed curb and gutter. Dowel bars shall be installed where
needed or as directed by the Engineer. Dowel bars shall conform to Standard Specifications
Item No. 314.2.7, no cap required. The unit price bid per linear foot shall be full
compensation for all labor,tools, and equipment necessary to complete the work.
Sycamore School Road 19 of 25 Special Provis ons,-
DOE No.4532
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SPECIAL PROVISIONS
The contractor shall reinstall storm drains,originally routed through the existing curb,
at previous locations or as directed by the Engineer. This work shall be considered
subsidiary to the construction of curb and gutter.
PAY ITEM NO. 11—4-INCH STANDARD SIDEWALK:
This item shall be governed by the applicable provisions of Standard Specification Item 504.
Sidewalks shall be constructed with 3,000 psi concrete on a two inch sand cushion. Place
one-half-inch preformed bituminous expansion joints at junctions with existing work and at
intervals not to exceed 50 feet, or as directed by the Engineer. The unit price bid per square
foot shall prevail regardless of the actual final amount required to be installed and shall be
full compensation for furnishing all labor, material, equipment and incidentals necessary to
complete such work.
At locations where the line crosses driveway approach pavement, the thickness shall be
increased to six inches (minimum) and shall be paid for at the square foot price of the bid
item for 6-inch concrete drive approach.
The contractor shall protect fences, retaining walls and all other structures during the
construction of the sidewalks. The contractor shall be responsible for damage to all
adjacent structures and shall repair or replace structures at contractor's own expense.
PAY ITEM NO. 12—SIDEWALK RAMP:
The contractor shall construct standard concrete wheelchair ramps at locations shown on the
plans. Ramps shall be designed according to the details in the plans, or according to the
Engineer. The removal of existing substandard wheelchair ramps and sidewalks as required
for installation of the new ramps shall be subsidiary to this pay item. Pay limits for laydown
curb and gutter are as shown in the Standard Pay Limit detail (WR-1). The pay limit will
extend from 9" outside the lip of the gutter to 15" back from the face of curb. Any asphalt
tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for"Standard Wheelchair
Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp
and sidewalk. All applicable provisions of Standard Specifications Item No. 504 "Concrete
Sidewalk Driveways"shall apply except as herein modified.
The unit price bid per square foot shall be full payment for all labor, material, equipment and
incidentals necessary to complete such work.
PAY ITEM NO. 13—ROADWAY MARKINGS—BUTTONS:
This item shall be governed by Item 6 of the Special Provisions. Buttons shall be placed as
directed in the City Standard Details and as directed by the Engineer. The unit price bid per
button shall be full payment for all labor, material, equipment, and incidentals necessary to
complete the work.
PAY ITEM No. 14-TOP SOIL:
The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth
(compacted) over the parkway area and do not include deeper than design depth behind the
curb. The pay item is intended to pay for topsoil that must be imported where suitable
material is either not available on the job or cannot reasonably be stored on-site. Payment
will be made on the basis of loose truck volume (full truck with sideboards up) tickets and
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SPECIAL PROVISIONS
material must meet City of Fort Worth standards for topsoil. Only the volume imported will
be paid for and may be substantially less than the proposal quantities listed.
PAY ITEM No. 10-TRAFFIC CONTROL:
The contractor will be required to obtain a"Street Use Permit"prior to starting work. As part
of the "Street Use Permit" a traffic control plan is required. The Contractor shall be
responsible for providing traffic control during the construction of this project consistent with
the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control
Devices for Streets and Highways"issued under the authority of the"State of Texas Uniform
Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes,
pertinent sections being Section Nos. 27,29, 30 and 31.
itted for review to Mr. Charles R. Burkett, City Traffic
A traffic control plan shall be subm
Engineer at(817) 871-8770 at least 10 working days prior to the pre-construction conference.
Although work will not begin until the traffic control plan has been reviewed, the
Contractor's time will begin in accordance with the time frame established in the Notice to
the Contractor.
The Contractor will not remove any regulatory sign, instructional sign, street name sign or
other sign, which has been erected by the City, unless instructed to do so in the construction
drawings. If it is determined that a sign must be removed to permit required construction, the
Contractor shall contact the Transportation and Public Works Department, Signs and
Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a temporary sign meeting the
requirements of the above-referenced manual and such temporary sign must be installed prior
to the removal of the permanent sign. If the temporary sign is not installed correctly or if it
does not meet the required specifications, the permanent sign shall be left in place until the
temporary sign requirements are met. When construction work is completed to the extent that
the permanent sign can be reinstalled, the Contractor shall again contact the Signs and
Markings Division to reinstall the permanent sign and shall leave his temporary sign in place
until such reinstallation is completed.
The Contractor shall limit his work within one continuous lane of traffic at a time to
minimize interruption to the flow of traffic.
Work shall not be performed on certain locations/streets during "peak traffic periods" as
determination by the City Traffic Engineer and in accordance with the applicable provision of
the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work
Areas."
The cost of the traffic control will be paid as lump sum and includes the cost of necessary
City permits, preparation of an acceptable traffic control plan, coordination, provision,
operation and maintenance of the traffic control devices during construction and all necessary
labor,materials and incidentals to complete the work.
PAY ITEM NO. 16—SIGN RELOCATION:
Sign relocation shall be governed by NCTCOG Standard Specifications, except as modified
herein. Signs must be relocated from and to locations indicated on the plans.Where foliage or
other natural vegetation located on the owner's property obstructs visibility of a sign at its
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SPECIAL PROVISIONS
new location, it must be reasonably removed. It other, irremovable obstructions exist, the
Owner must be notified prior to completion of the project.
PAY ITEM NO. 17—STORM WATER POLLUTION PROTECTION PLAN:
Storm water pollution protection plans shall be governed by NCTCOG Standard
Specifications, except as modified herein. A storm water pollution protection plan must be
submitted by the Contractor and approved prior to construction. It is the Contractor's
responsibility to provide a plan and to follow it for the duration of the project. This item shall
include the plan submission as well as the materials, time, materials, equipment, and
incidentals required to fulfill the plan. Cleanup and/or removal of associated temporary
materials shall also be included in this bid item.
PAY ITEM No. 18 -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT:
CITY OF FORT WORTH,TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SPECIFICATION
for
SILICONE JOINT SEALING
(Revision 1,October 18, 1989)
(Revision 2,May 12, 1994)
1. SCOPE
This specification for silicone joint sealing Portland Cement Concrete pavement and curbs
shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD
SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF
FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS.
2. MATERIALS
2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A
sealant except as modified by the test requirements of this specification. Before the
installation of the joint sealant, the Contractor shall furnish the Engineer certification by an
independent testing laboratory that the silicone joint sealant meets these requirements.
2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year
demonstrated, documented successful field performance with Portland Cement Concrete
pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the
Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold
applied.
2.3 Self-Leveling Silicone Joint Sealant
The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as
manufactured by Dow Corning Corporation,Midland,MI 48686-0994,or an approved equal.
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SPECIAL PROVISIONS
Self-Leveling Silicone Joint Sealant
Test Method Test Requirement
AS SUPPLIED
**** Non Volatile Content,%min. 96-99
MIL-S-8802 Extrusion Rate,grams/minute 275-550
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—21 DAYS AT 250C
ASTM D 412,Die C Mod.Elongation,%min. 1400
ASTM D 3583(Sect. 14 Mod.) Modulus @ 150%Elongation,psi max. 9
ASTM C 719 Movement, 10 cycles @+100/-50% No Failure
ASTM D 3583(Sect. 14 Mod.) Adhesion to Concrete. %Elongation min. 600
ASTM D 3583(Sect. 14 Mod.) Adhesion to Asphalt,%Elongation min. 600
2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and
polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and
breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to
the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone
joint sealant and no bond or reaction shall occur between them. Reference is made to the
"Construction Detail"sheet for the various joint details with their respective dimensions.
3. TEAE OF APPLICATION
On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw
cut to the required depth with the proper joint spacing as shown on the"Construction Detail'
sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that
for the"dummy"joints, the initial 1/4 inch width"green" saw-cut and the"reservoir"saw cut
are identical and should be part of the same saw cutting operation. Immediately after the saw
cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw
cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then
the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint
sealant installed. During the application of the joint sealant, the weather shall not be
inclement and the temperature shall be 40F(4C) and rising.
4. EQUIPMENT
4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep
his equipment in a satisfactory working condition and shall be inspected by the Engineer
prior to the beginning of the work. The minimum requirements for construction equipment
shall be as follows:
Sycamore School Road 23 of 25 Special Provisions
DOE No.4532
SPECIAL PROVISIONS
4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete
the joint sawing to the required dimensions.
4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be
capable of delivering a sufficient pressure and volume of water to thoroughly flush the
concrete slurry from the saw-cut joint.
4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi
and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the
compressed air. The blow-tube shall fir into the saw-cut joint.
4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant
to the joint.
4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint.
4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in
Paragraph 5.4.
4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of
contamination. They shall be compatible with the join depth and width requirements.
5. CONSTRUCTION METHODS
5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint
sealant placement shall be performed in a continuous sequence of operations
5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the
"Construction Detail" sheet. The faces of the joints shall be uniform in width and depth
along the full length of the joint.
5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be
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
Sycamore School Road 24 of 25 Special Provisions
DOE No.4532
SPECIAL PROVISIONS
breaker rod and tape shall be installed in the cleaned joint prior to the application of the
joint sealant in a manner that will produce the required dimensions.
5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be
applied using the mechanical injection tool. The joint sealant application shall not be
permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be
sealed unless they are clean and dry.
Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface
shall be removed and discarded and shall not be used to seal the joints.The pavement surface
shall present a clean final condition.
Traffic shall not be allowed on the fresh sealant until it becomes tack-free.
Approval of Joints: A representative of the sealant manufacturer shall be present at the job
site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to
the Contractor and the Engineer the acceptable method for sealant installation. The
manufacturer's representative shall approve the clean, dry joints before the sealing operation
commences.
6. WARRANTY
The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint
sealing materials. The manufacturer shall agree to provide any replacement material free of
charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all
sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City.
Both warranties shall be for one year after final acceptance of the completed work by the
Engineer.
7. BASIS OF PAYMENT
Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided
in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of shall be full
compensation for furnishing all materials and for all preparation, delivery, and application of
those sealing materials and for all labor, equipment, tools and incidentals necessary to
complete the silicone joint sealing in conformity with the plans and these specifications.
t
Sycamore School Road 25 of 25 Special Provisions
DOE No.4532
_ I
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it
provides workers' compensation insurance coverage for all of its employees employed on City
of Fort Worth Department of Engineering No.4532 and City of Fort Worth Project No. C111-
030111040628.
CONTRACTOR
McCLENDON CONSTRUCTION
COMPANY, INC
By:
Name: DAN M LEPID I1, PRESIDENT
Title: BAN McCLENBUN, PRESIDENT
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BLefore me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and deed
of McCLENDON CONSTRUCTION COMPANY INC for the purposes and consideration therein
expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this day Of-
f 20 Os" .
111A A.
Notary is in and for the State of Texas
Y MARY J.PORTER
'= MY COMMISSION EXPIRES
September 17,2008
i
Bond No. 8196-75-43
PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we (1)-McCLENDON CONSTRUCTION COMPANY. INC as Principal herein, and (2)
Vigilat Insurance Company, a corporation organized under the laws of the State of(3) New York , and who is
authorized to issue surety bonds in the State of Texas, Surety herein,are held and firmly bound unto the City of Fort
Worth,a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of-
SEVENTY-NINE THOUSAND THREE HUNDRED TWELVE AND 85/100.....................................
($79,312.85)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators,
successors and assigns,jointly and severally,firmly by these presents.
JAN 2 5 2005
WHEREAS,Principal has entered into a certain contract with the Obligee dated the_of .2005
a copy of which is attached hereto and made a part hereof,for the.construction of:
PAVING IMPROVEMENTS ON SYCAMORE SCHOOL ROAD FROM TRAIL LAKE DRIVE TO
CREEKMOOR DRIVE.
NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform
the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold
harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and
reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then
this obligation shall be void;otherwise,to remain in full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such
statute,to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument.
SIGNED and SEALED this _of 12005.
ATTEST:
McCLENDON CONSTRUCTION COMPANY,
INC
.(Principal)Secretary PRIN IP
BY:
Title: DAN MIsCI_I'UDINI, PRESIDENT
(SEAL) PO BOX 999
BURLESON,TX 76097
(Address)
VIGI]LAbh INS CE COMPANY
Witness as to' incipal Surdty
P.O. Box 999.Burleson,Texas 76097 i
Address B Y:
ATTEST: Kyle S n y(g Zey c
(Surety)Secretary 2001 Bryan Streee 3400
Dallas, Texas 75201
(Address)
(SEAL) NOTE: Date of Bond must not be
prior to date of Contract
(1) Correct Name of Contractor
(2) Correct name of Surety -
(3) State of incorporation of Surety
Telephone number of surety must be stated.
In addition,anoriginal copy of Power of
Attorney shall be attached to Bond by
Attorney-in-Fact.
The date of bond shall not be prior to date of
Contract.
�Boxt, Surety Jemiifer R.BorockP -,Fort Worth,Texas 76124
(Address)
This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Group of
Insurance Companies,including Federal Insurance Company,Vigilant Insurance Company and
Pacific Indemnity Company.
Bond Number: 8196-75-43
POLICYHOLDER DISCLOSURE NOTICE
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the
"Act") effective November 26, 2002, we are making available to you coverage for losses
arising out of certain acts of international terrorism. Terrorism is defined as any act
certified by the Secretary of the Treasury, in concurrence with the Secretary of State and
the Attorney General of the United States, to be an act of terrorism; to be a violent act or
an act that is dangerous to human life, property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an air carrier
or vessel or the premises of a United States Mission; and to have been committed by an
individual or individuals acting on behalf of any foreign person or foreign interest, as part
of an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion. Coverage for
acts of terrorism is already included in the captioned Surety Bond.
You should know that, effective November 26, 2002, any losses caused by acts of
terrorism covered by your Surety Bond will be partially reimbursed by the United States
under the formula set forth in the Act. Under this formula, the United States of America
pays 90% of covered terrorism losses that exceed the statutorily established deductible to
be paid by the insurance company providing the coverage. The portion of your premium
that is attributable to coverage for such acts of terrorism is zero, because we could not
distinguish (and separately charge for) acts of terrorism from other causes of loss when
we calculated your premium.
If you have any questions about this notice,please contact your agent or broker.
CHUBS
�� �1awl � s,�e
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, Texas 78714-9104
Fax # (512) 475-1771
PREMIUM OR CLAIM DISPUTES
The address of the surety company making this bond to which any notice of
claim should be sent may be obtained by calling the Texas Department of
Insurance at the above number.
Should you have a dispute concerning your premium or about a claim, you
should contact the agent or the company first. If the dispute is not resolved, you
may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND
This notice is for information only and does not become a part or condition of the
attached document. This notice is given to comply with Section 2253.048, Texas
Government Code and Section 53.202, Texas Property Code effective September
1, 2001.
Bond No. 8196-75-43
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we,(1)McCLENDON CONSTRUCTION COMPANY,INC,as Principal herein,and (2) Vigilant
Insurance Compally ,a corporation organized and existing under the laws of the State of(3)_Nei York
, as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in
Tarrant and Denton Counties, Texas, Obligee herein, in the amount of-SEVENTY-NINE THOUSAND THREE
HUNDRED TWELVE AND 85/100....................Dollars($79,312.85)for the payment whereof,the said Principal
and Surety bind themselves and their heirs, executors,administrators, successors and assigns,jointly and severally,
firmly by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the_day of
2005,which contract is hereby referred to and made a part hereof as if fully and to the same extent as if
copied at length,for the following project:
PAVING IMPROVEMENTS ON SYCAMORE SCHOOL ROAD FROM TRAIL LAKE DRIVE TO
CREEKMOOR DRIVE
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code, as
amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be
void;otherwise,to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said
statute,to the same extent as if it were copied at length herein.
.IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument.
SIGNED and SEALED this—day of, 2005.
L
McCLENDON CONSTRUCTION
COMPAKY. INC
PRI CIP
ATTEST: By:
Name: CCLNEM , PRESIDENT
(Principal) Secretary ;I A�pp. g gg
DENIT
Title:
(S E A L) Address: PO BOX 999
BURLESON. TX 76097
Witness as to Princloal
VIGIL,AN SURANCE COMPANY
SURE
ATTEST. By:
_ Na 'e: e W. SW n
Secretary Attorney in Fact
IS E A L) Address: 2001 Bryan Street, Suite 3400
Dallas Texas 75201
Wit ss as to Aurety Jennifer R. Borock Telephone Number: 214-754-0777
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
Bond No. 8196-75-43
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That McCLENDON CONSTRUCTION COMPANY, INC ("Contractor"), as principal, and Vigilant
Insurance Company , a corporation organized under the laws of the State of New York ,
("Surety'), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth,
a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City') in
Tarrant County, Texas, the sum of SEVENTY-NINE THOUSAND THREE HUNDRED TWELVE AND
85/100..................................................................................................................... Dollars
($79312.85 , lawful money of the United States, for payment of which sum well and truly be made unto
said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs,
executors, administrators, assigns and successors,jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort
Worth, dated the of , 2005, a copy of which is hereto attached and made a part hereof,
for the performance of the following described public improvements:
PAVING IMPROVEMENTS ON SYCAMORE SCHOOL ROAD FROM TRAIL LAKE DRIVE TO
CREEKMOOR DRIVE
the same being referred to herein and in said contract as the Work and being designated as project
number(s) C111-030111040628 and said contract, including all of the specifications, conditions,
addenda, change orders and written instruments referred to therein as Contract Documents being
incorporated herein and being made a part hereof; and,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition for and during a period of after the date of the
final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of Two (2) years; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period, if in the opinion of the Director of the City of Fort Worth
Department of Engineering, it be necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to
maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no'force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon
for successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each of which
shall be deemed an original, this i day of , A.D. 2005.
AN 2 5 2005
ATTEST: McCLENDON CONSTRUCTION
COMPANY, INC
(S E A.L) Cont r ctor
By:
Secretary Name: 0 A N McCLI,'-Ni::p1 PRESIDE
Title: N MCCLENT M?N, ppIrSiir)ENT
ATTEST: VIGILANT INS COMPANY
(S E A L) Surety'
Y�_ By:
Secretary Na e: le . S ne
Title: Attorney-in-Fact
2001 Bryan Street, Suite 3400
Dallas, Texas 75201
Address
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,
and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Kyle W. Sweeney, Charles D.
Sweeney, Bobby E. Mayo and Michael A. Sweeney of Fort Worth, Texas------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on
their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds) given or
executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument
referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and affixed their corporate seals on this 30th day of April, 2003
r
Kenneth C.Wendel,Assistant Secretary t 4Fra . Robertson, ice President
STATE OF NEW JERSEY
r ss.
County of Somerset J
On this 30 th day of April, 2003 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known
to be Assistant Secretaryof FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the
foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duly swum,did depose and say that he is Assistant Secretaryof FEDERAL INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are
such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies
by like authority;and that he is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E. Robertson,
subscribed to said Power of Attorney is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence.
Notarial Seal
\"RUMA'�` DANA KRUMPt=t=R
�Q,,,�OTARY�9 Notary Public,State of New Jersey
No. 2297116
pU.BL\G Commission Expires February 25, 20 =;
Notary Public
JE\As CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers:
Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may
be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which it is attached."
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
(the"Companies")do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U. S.Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S.
Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and
(iii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this day of
OP
StfRANC014UJI
K75CON5\� '�F►y Ypti�`
Kenneth C.Wendel,AssistAnt Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
Form 15-10-0225(Ed.4-99)CONSENT