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Contract 31334
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 .J OF°r4x9 00 Aw 71211 oo-p 02-15-05P01 :55 RCVD 'I� ®,�°�s�9�yo00 #_ ORIGINAL WWWlllCFWK4t1t4r9 Rome I CouncilAgenda I M&C I EmployeeDirectory r alta i. I PRS I IT Online I Departments I Site ap Print M&C 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 Sycamore School Road 2 of 25 Special Pr°' DOE No.4532 ! v' �i SPECIAL PROVISIONS 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 Sycamore School Road 3 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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. Sycamore School Road 4 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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." Sycamore School Road 5 of 25 Special Provisio sl�`t� ,1 � DOE No.4532 J lL SPECIAL PROVISIONS 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 Sycamore School Road 6 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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 Sycamore School Road 7 of 25 Special Prgvisou� DOE No.45321! I?' 1!,�i SPECIAL PROVISIONS 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. Sycamore School Road 8 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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. Sycamore School Road 9 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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. Sycamore School Road 10 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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; Sycamore School Road 11 of 25 Special Provisions DOE No.4532 SPECIAL PROVISIONS 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 Sycamore School Road 12 of 25 Special Pr visi DOE No.4532 �f i �• 1 l' L Gni 0 SPECIAL PROVISIONS 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 DOE No.4532 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. Sycamore School Road 15 of 25 Special Provisions DOE No.4532 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. Sycamore School Road 16 of 25 Special Provisions DOE No.4532 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; Sycamore School Road 18 of 25 Special Provisions DOE No.4532 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 -n n n 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 Sycamore School Road 20 of 25 Special Provisions DOE No.4532 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 Sycamore School Road 21 of 25 Special Provisions DOE No.4532 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. Sycamore School Road 22 of 25 Special Provisions DOE No.4532 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 A ORD CERTIFICATE OF LIABILITY INSURANCE 02/02/2 05 ARODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. Loo 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Loop ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. °P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# SURED McClendon Construction Company, Inc. INSURERA: Twin City Fire Ins Co P.O. Box 999 INSURERB: Interstate Fire & Casualty(Casua ty Market) Burleson, TX 76097 INSURERC: Hartford Underwriters INSURER D: INSURER E: ' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD1 TYPE OF INSURANCE POLICY NUMBER POLICY EFZ TIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 46 C QT0838 01/31/2005 01/31/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPR 'ES(Ea oncurenep) $ 300,000 CLAIMS MADE rij OCCUR MED EXP(Any one person) $ 109000 A X CONTRACTUAL, XCU PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 29000,000 JECT POLICY X PRO- LOC AUTOMOBILE LIABILITY 46 UEN QT0839 01/31/2005 01/31/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) L GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY UM0160643 5 01/31/2005 01/31/2006 EACH OCCURRENCE $ 2,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 2,000,000 IAB $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 46 WE QT0837 01/31/2005 01/31/2006 X WC STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEd$ 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WING IMPROVEMENTS SYCAMORE SCHOOL RD (TRAIL LAKE DR-CREEKMOOR DR) TPW C111-030111040628, DOE 4532, DILE K1848. CERT HOLDER NAMED ALDN INSURED EXCEPT ON WORKERS COMP WITH GENL LIABILITY BEING PRIMARY & �ON-CONTRIBUTORY WITH WAIVER OF SUBROGATION ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT. 30 DAY CANC NICE AMENDED TO 10 DAY FOR NON-PAY OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL X)OM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH XtX� XXXM � �XXXX�' X'l�XAQD(t�CIX�(XX 1000 THROCKMORTON ST DfKMXcl XXtkNtX%M"XVA)t EXMXX)4KXMXXXX&VXXXXXXXXXX FT WORTH, TX 76102 ORIZED REPRESENTATIVE CORD 25(2001/08) ©ACORD COR RATION 1988 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