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HomeMy WebLinkAboutContract 31702 CITY SECRETARY r� nus Copy Fok �'0,X77 A T NO. 1 CONTRACTOR ONTRACTOR'S SING SPECIFICATIONS AND CONTRACT DOCUMENTS CffV' RETARY FOR CRY MANAGWS OFFICE ENGINEERING DIV. Landscape I Irrigation Plans for 1-35 W I North T-a ate-FUCopy Parkway Interchange Mitigation Site — No.`"1 — Whites Branch Creek City of Fort Worth, Texas August 19,2004 Prepared by. Carter--Burgess CARTER& BURGESS, INC. Consultants in Planning,Engineering,Architecture, Construction Management,and Related Services 777 Main Street Fort Worth,Texas 76102 (817)735-6000 ap C&B No.961035.010 op � F a S. 0* LARRY P. O'WINN*00 Op9,1;.9F k,Or�,o •- C R Q��Q000 A oo�o ORIGINAL R = MIO;1T H, T EX. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/25/2005 DATE: Tuesday, January 25, 2005 LOG NAME: 20NTP MITIGATE REFERENCE NO.: **C-20496 SUBJECT: Authorize Execution of Contract with Cole Construction, Inc. for North Tarrant Parkway/IH-35W Interchange Mitigation Contract RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Cole Construction, Inc. in the amount of $67,174.00 for the installation of trees, irrigation system, split-rail fencing, and signs in Arcadia Park North along Whites Branch for environmental mitigation for the North Tarrant Parkway/IH-35W Interchange project. DISCUSSION: The United States Army Corps of Engineers (USACE) Nationwide Permit 14 for the North Tarrant Parkwayll-35W Interchange and Roadway Projects requires that the City implement a mitigation plan because new culverts for these projects impact waters of the United States at six locations. The mitigation plan required that the City of Fort Worth: 1) Place development restrictions on 1,455 linear feet of Whites Branch (3.34 acres) for a wetlands mitigation area; 2) Plant trees every 30-feet on each side of the creek; - 3) Designate the mitigation area with a fence and signs to identify it as a natural area; 4) Irrigate the trees; and 5) Provide compliance reports to the USACE for a minimum of five years. The Transportation and Public Works Department has coordinated this work with The Parks and Community Services and Environmental Management Departments. The Parks and Community Services Department approved the proposed mitigation site and there is sufficient room for future trail construction outside the proposed mitigation area. City staff contacted the Park Glen Neighborhood Association and - Public Improvement District 6 representatives who endorse the mitigation site. The Environmental Management Department will assist with monitoring the mitigation site. The project was advertised on September 16 and 23, 2004. The following bids were received on October 14, 2004: BIDDER AMOUNT Cole Construction, Inc. $ 67,174.00 C. Green Scaping, L.P. $101,960.00 z 0' �� � 1 Cole Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% MNVBE participation. The City's goal on this project is 15%. The mitigation site is located in Council District 2, south of North Tarrant Parkway and east of North Beach Street, Mapsco 36K. The location map is attached. BACKGROUND: On June 5, 2001 (M&C G-13261), the City Council authorized the execution of the Local Project Advance Funding Agreement (LPAFA) with TxDOT. The agreement for the new interchange at IH-35W and North �- Tarrant Parkway includes the following: 1) TxDOT will fund 100% of the construction of the North Tarrant Parkway bridge over IH-35W including approaches; 2) The City will fund 100% of the construction of the ramps and frontage roads above the fixed amount of federal funding which is $5,385,453, less all applicable preliminary engineering charges for the develop- ment of the plans, specifications and estimates package; 3) The City is responsible for obtaining all rights-of-way, relocating utilities and all environmental mitiga- tion for the project; and 4) The City will provide the plans, specifications, and estimates package for construction of the . Interchange including the bridge, ramps and frontage roads and be reimbursed 80% for the development of the plans, specifications and estimates package. On July 10, 2001 (M&C C-18648), the City Council authorized the City Manager to execute an engineering services agreement with Carter & Burgess, Inc. to prepare plans and specifications for the North Tarrant Parkway/IH-35W Interchange. On September 20, 2002, Amendment No. 1 to the engineering services agreement with Carter & Burgess, Inc. was authorized in the amount of$24,945 for the preparation of eight additional right-of-way documents and the preparation of a Nationwide Permit for approval by the USACE. On May 27, 2003 (M&C C-19603), the City Council authorized the City Manager to execute a Community Development Agreement with AIL Investment, L.P. to provide funding for the construction of the North Tarrant Parkway/IH-35W Interchange and North Tarrant Parkway from IH-35W to Rainy Lake Drive. In July 2003, TxDOT received bids for the North Tarrant Parkway/IH-35W Interchange. Construction started in February 2004 and completion is anticipated to be complete in Summer 2005. On September 23, 2003 (M&C G-14093), the City Council approved a deed restriction for a portion of Arcadia Trails Park North to establish an environmental mitigation area for the construction of the North Tarrant Parkway/IH-35W Interchange and Roadway Projects. In August 2004, TxDOT received bids for North Tarrant Parkway from IH-35W to Rainy Lake Drive. Construction started in November 2004 and completion is anticipated to be complete in Summer 2005. In August 2004, TxDOT also received bids for North Tarrant Parkway from Rainy Lake Drive to US 377. Construction will start in December 2004 and completion is anticipated to be complete in Summer 2006. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, in the Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C116 541200 0201160212181 $67,174.00 Submitted for City Managers Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Christa Sharpe (8009) s RFT. 1,000,Z. , �31 Nw*Tan-ant Parkway 7 AAA) sal. IL ol vr 70- iT 214 �zl 0, RA W6 Tarrant Parkway f IH-35W hft r-h n on Site ADDENDUM 1 LANDSCAPE/IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE City of Fort Worth Transportation and Public Works Department October 6,2004 BID DATE: Thursday, October 14, 2004 The following additions shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed envelope. I. ADDITIONS TO CONSTRUCTION BID/PROPOSAL -Add the following paragraphs after the BID TOTAL: "CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID. The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Ninety(90) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the 'Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth, Texas. " Within ten (10) calendar days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of t-t—dned Dollars ($ 3 3 Sd. f0 ) is to be forfeited in the event the contract and bond are not executed Rkin the time set forth, as liquidated damages for delay and additional work caused thereby, Page 1 of 4 ADDENDUM I LANDSCAPE /IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within Ninety(90) Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Uwe), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) D'A Addendum No. 3(Initials) Addendum No. l (Initials) Addendum No. 4(Initials) espectfully submitted: By: �� 0 Title: 0ALa Address: Telephone: 1,/3/ gt'G-?�• (SEAL) Date ■ Page 2 of 4 ADDENDUM 1 LANDSCAPE/IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE II. ADDITION OF MAINTENANCE BOND -Add the following MAINTENANCE BOND after the Payment Bond: "MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That(1) as Principal, acting herein by and through(Z) its duly autliorired and(3) a corporation organized under the under the laws of the State of .as 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,at Fort Worth, in Tarrant County, Texas, the sum of Dollars(S3, lawful money of the United States,for the payment of which sum well and truly be made untosaid City of Fort Worth 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, the Principal has entered into a certain contract with the City of Fort Worth, dated ___for the performance of the following described public improvements all of same being referred to herein and in said contract as the Work and being designated as Project Neo_ and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein;and WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period 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 ;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 Transportation and Public Works Department of the City of Fort Worth, it be necessary;and, NOW THEREFORE, if said Contractor shall keep andperform its said agreement to maintain, repair or reconstruct said work in accordance with all the terns 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 said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said Contract. . This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be fled upon this bond, venue shall lie in Tarrant County, " Texas;and Page 3 of 4 ADDENDUM 1 LANDSCAPE/IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE MAINTENANCE BOND(Continued) IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, dated ■* PRINCIPAL(4) ATTEST.- BY.- (Principal)Secretary (Address) (SEAL) (Witness as to Principal) (Address) Surety ATTEST.• BY.- (Attorney-in-fact) (S) (Surety)Secretary (Address) NOTE:Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2)A Corporation, a Partnership or an Individual, as case Witness as to Surety may be (3) Correct name of Surety (4)If Contractor is Partnership all Partners should execute Bond (S)A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. III.IRRIGATION LINE CROSSING OF WHITES BRANCH—The following construction notes apply to Sheet IRI: "The Contractor will be allowed to temporarily dam Whites Branch for the irrigation line crossing with �. provisions made for dam overflow." Page 4 of 4 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS INVITATION TO BIDDERS CONSTRUCTION BID/PROPOSAL SPECIAL INSTRUCTIONS TO BIDDERS VENDOR COMPLIANCE TO STATE LAW CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND PAYMENT BOND SUBCONTRACTORS/SUPPLIERS UTILIZATION FORM PRIME CONTRACTOR WAIVER FORM GOOD FAITH EFFORT FORM JOINT VENTURE ELIGIBILITY FORM CONTRACT TECHNICAL SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS 01100—Summary Of Work 01135—Contract Time 01140—Alternatives 01150— Payment To Contractor 01300—Submittals 01400—Quality Control 01410—Testing 01500—Temporary Facilities And Controls 01640—Substitutions And Product Options 01700— Project Closeout 01800—Contractor's Responsibility for Damage Claims DIVISION 2—SITE WORK 02200—Trees 02300—Irrigation 02400— Mitigation Signage—TxDOT Standards C&B961035.010 August 19,2004 �j 5II7, INVITATION TO BIDDERS PLANTING AND IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE—NO. 1 —WHITES BRANCH CREEK located in the City of Fort Worth,Texas. Bids,addressed to Mr.Charles Boswell,Interim City Manager of the City of Fort d'.'orth,Texas,will be received at the Purchasing Office until 1:30 P.M.,Thursday,October 14,2004 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers,2°a floor—northeast corner of City Hall. Plans, Specifications and Contract Documents for this project may be purchased for a non-refundable fee of$20 at the Transportation and Public Works Department, Second Floor,City Hall, 1000 Throckmorton Street,Fort Worth,Texas 76102. These documents contain additional information for prospective bidders. A non-mandatory Pre-Bid Conference will be held at 1:30 P.M.,Thursday, September 30, 2004 in Room 270 of City Hall at the Transportation/Public Works Department. All bidders are encouraged to attend. All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statues"of the State of Texas with respect to the payment of the prevailing wage rates,and City Ordinance No. 7278,as amended by City Ordinance No. 7400 (Fort Worth City Cod, Section 13-A-21 through 13-A-29) prohibiting discrimination in employments practices. Bid security is required in accordance with the Special Instruction to Bidders. 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,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT Fol'U'VIA ("Documentation.") as appropriate is received by the Ci y. 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. 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 nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Transportation and Public Works Department at (817)392-7800. In accordance with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and woman 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,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The documentation must be received no 1r' later than 5:00 PM, five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the 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 Mr.Mike Weiss at(817) 392-8485. Advertising Dates: September 16,2004 September 23,2004 sEK, SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")is received by the City. Page 1 of 11 SPECIAL INSTRUCTIONS TO BIDDERS 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder AM. shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. 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. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. "" To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition,the surety must (1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the , treasury to qualify as a surety on obligations permitted or required under federal law. 4 Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the . City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex, race,religion, color or national origin and shall comply Page 2 of l 1 .� SPECIAL INSTRUCTIONS TO BIDDERS with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended,prohibiting discrimination in employment practices. 8. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Department of Transportation and Public Works for use by the City 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. 10. INSURANCE: Within ten days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory);Comprehensive General Liability($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto',defined as autos owned,hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. 11.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 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. Page 3 of 11 SPECIAL INSTRUCTIONS TO BIDDERS 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 mm 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. A Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 12. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002,the City of Fort Worth will not award this contract to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. 46 "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 13. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 13550, the City of Fort Worth has goals for the participation of minority business Page 4 of 11 SPECIAL INSTRUCTIONS TO BIDDERS enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable,must be submitted no later than 5:00 p. in. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project,the Contractor comply with the M/WBE Ordinance by complying with the following procedures: A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a "0" or "no participation" in the spaces provided, and provide a brief explanation. The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. Page 5 of 11 SPECIAL INSTRUCTIONS TO BIDDERS If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. ' 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval,the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth,The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. All forms are available at the NUWBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 14.AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal,the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. ., 15. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: Because of the unique nature of this contract, section 9.7 of the Standard Specifications for Street and Storm .. Drain Construction shall not apply and shall be superseded by the following: Whenever the improvements prescribed by an individual Work Order have been completed,the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract .. Page 6 of 11 + SPL'CIAL INSTRUCTIONS TO BIDDERS Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, the Contractor shall be advised in writing and will be furnished with an itemized list of all known items that have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items,he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. r11 Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor as to that Work Order, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Director,provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment,the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations,or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents that specifically continue thereafter. For purposes of this section, the Work Order shall be deemed complete and accepted by the City as of the date the punch list for the particular Work Order has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list for the particular Work Order has been completed. 16.AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following g guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically,the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31,with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days,the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and ass h�-�- -- begin work until 10:00 a.m. whenever construction phasing requires the use of motoriz d equprridnf ' Page 7 of 11 SPECIAL INSTRUCTIONS TO BIDDERS for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour,or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 17.WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81,TWCC- .,, 82,TWCC-83,or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation,or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, .� office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: Page 8 of 11 "" SPECIAL INSTRUCTIONS TO BIDDERS (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. F. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. G. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. H. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 9 of 11 SPECIAL INSTRUCTIONS TO BIDDERS (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (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. I. By signing this contract or providing or causing to be provided a certificate of coverage,the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the rt duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self- Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties,civil penalties or other civil actions. J. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 10 of 11 SPECIAL INSTRUCTIONS TO BIDDERS 18.AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 19. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. Page 1 l of 1 I VENDOR. COMPLIANCE TO S'K'ATE LAW The 1985 Session of theT as Legislature passed House Bill'620 relative to the award of contracts to nonresident bid ers. This law provides that, i#order to be awarded a contract as low bidder, nonresident bidders ( ut-of-State contractors whgse corporate offices or principal place of business are outside of the tate 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 resid4pt bidder would be required to underbid a nonresident bidder in , order to obtain a comparable con ract in the State in which the nonresident's principal place of business is located. The appropri to blanks in Sec*n A must be filled out by all out-of-State or nonresident bidders in order for o yr bid to meet specifications. The failure of out-of-State or nonresident contractors to do so wi automaticy disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be perce t ower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to under id res'dent bidders. B. Our principal place of business r corporate ffices are in the State of Texas. ❑ BIDDER: By: (Please print) Signature: Title: City State Zip (Please prin THIS FO I MUST BE RETURNED WITH YO UOTATION CONSTRUCTION BID/ PROPOSAL Landscape and Irrigation Plans For IH-35W/North Tarrant Parkway Interchange Mitigation Plan Site 1 -Whites Branch Creek Phase 1 —Construction Bid/Proposal August 19, 2004 DESCRIPTION OF ITEMS PAY APPROXIMATE WITH BID PRICES WRITTEN UNIT AMOUNT ITEM QUANTITY IN WORDS PRICE BID 1, 32 EA. Planting of 5 gal. Pecan Tree (Ca_rya illlinoensis) Dollars & Cents Each $ DODO $ (�aO.00 2. 32 EA. Planting of 5 gal. Shumard Red Oak Tree (Quercus Shumardlr) �u Dollars & Cents per Each $ SOO 3. 32 EA. Planting of 5 gal. Chinquapin Oak Tree (Quercus muhlenbergir) NJ Dollars & —Cents per Each $ 4W'0 40 4. 32 EA. Planting of 5 gal. Persimmon Tree (Diospyros virginiana) c.,_ ,, Dollars & ,` Cents per Each $ 5. 32 EA. Planting of 5 gal. Bur Oak Tree (Quercus macrocarpa) Dollars & �lA Cents per Each $ `t•Q c7 $ �ji K.1W961035tDoc\SPECS_FINAUproposaL.doc DESCRIPTION OF ITEMS PAY APPROXIMATE WITH BID PRICES WRITTEN UNIT AMOUNT ITEM QUANTITY IN WORDS PRICE BID 6. 2,900 L.F. Split Rail Fencing —Complete in Place for Dollars & Cents per Linear Foot $Qa� $µ�lP !�7• 7. 1 L.S. Irrigation System Installed Per Design Provided In Supplemental Information tcd6,44 ,dxly Dollars & - Cents per Lump Sum $ 0 q949.0 $ao 701.Da 8. 17 EA. Mitigation Signs—TXDOT Standards Dollars & 1W =--,Cents per Each $ 3 a s D0 $ SrsZ s- 9. 1 L.S. Landscape & Irrigation Maintenance—60 Months di22 . I Dollars & r NO Cents per Each $ s�(Q CO $�5�� BID TOTAL K-Vob\96i 035\Doc\SPECS_FI NAL\proposaL.doc Contractor Information Firm Name: W-t . By: til IU e O fi . (Typr Printed) Signature: Title: Ing r Address: /ip3!5 i9 Y-k V ---)T4 7 e,,,44 Telephone: 91-7 113/ 9& 3(e Date: ffn r�-#� 114 ZAP K:yob\961035MDoc\SPECS_FINAL\proposaL.doc FORT NORTH 000— City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OFPOLICY If the total dollar value of the contract is$25,000 or more,the MtWBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business _ Enterprises (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. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is 15 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 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. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no M/WBEparticipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid R 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. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS a Any questions, please contact the M/WBE Office at(817)871-6104. R R ADDENDUM 1 LANDSCAPE/IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE City of Fort Worth Transportation and Public Works Department October 6, 2004 BID DATE: Thursday, October 14, 2004 The following additions shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this addendum on the bid Imp proposal and on the outside of the sealed envelope. I. ADDITIONS TO CONSTRUCTION BID/PROPOSAL -Add the following paragraphs after the BID TOTAL: ` "CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID. The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. This contract is issued by an organization which qual ies for exemption pursuant to the provision of Article 10.04 (F)of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill H, enacted August IS, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7178, as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Ninety(90) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the `Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth, Texas. Within ten (10) calendar days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of S% in the sum of qduZ in;� Dollars ($ 3 3 S-4. f ) is to be forfeited in the event the contract and bond are not executed i the time set forth, as liquidated damages for delay and additional work caused thereby. �"" Page 1 of 4 ADDENDUM 1 LANDSCAPE /IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within Ninety(90) Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Mve), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid.- Addendum id:Addendum No. 1 (Initials) D4 Addendum No. 3(Initials) Addendum No. 2(Initials) Addendum No. 4(Initials) especodly submitted: By: - l/ Title: o /ylG(r' Address: Telephone: �'r �!3/ �G„3�► (SEAL) Date [ loll " Page 2 of 4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident 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 F same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident 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. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office$ are in the State of Texas. BIDDER: 9 TtJC. By: �o�,vo ; A ST (Please print 4,l tf� (J,"51-A- QeJ- Signature: wl GT U I(e A 4U Title: 10rD-'rA:r-,JA-,o In! y. City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SPECIAL INSTRUCTIONS TO BIDDERS 18.AGE DISCRIMINAIVN: In accordance with the policy("Policy") of the Executive Branch of the federal government,contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or ' privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neit r it nor its officers,members, agents or employees acting on their behalf, shall specify in solicitation r advertisements for employees to work on those contract a maximum age limit for such employmen ess the specified maximum age limit is based upon a ` bona fide occupational qualification,retirem plan or statutory requirement. Contractor warrants that it will fully com y with th Policy and will defend, indemnify and hold City harmless against any and all claims r allegations filed by third parties against City arising out of Contractor's alleged failure to comp with the Policy in the performance of this contract. 19. DISCRIMINATION DUE TO DI ABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("AD '), Contractor warrants that.it will not unlawfully discriminate on the basis of disability in the pr ision of services to the generatRublic, nor in the availability, terms or conditions of employme t for applicants for employment w' , or current employees of, Contractor. Contractor warrant that it will fully comply with the AD 's provisions and any other applicable federal, state, or loc laws concerning disability and will defe , indemnify and hold City harmless against any and 11 claims or allegations filed by third parties Vainst City arising out of Contractor's alleged failur to comply with the ADA in the performance of this contract. Page 11 of I I FOR--�.,,�WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime MWDBE NON-M/w/DBE PROJECT NAME: AVA ylyJ �4. Q BID DAT City's MIWBE Project Goal: rime's M/WBE Project Utilization: PROJECT NUMBER % 5 % M.. Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MMBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1"tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with MinoritylWomen 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 MNVBE 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. p NIB SS-1 FoRr�aRTH Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M,WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Namei N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount .. Telephone/Fax r B B T D E E R O B B C T E AM14-htA� G 17Sy N 3urI-es on 1,4 u�/460YN , -r� 'I Aid t-)o 7 5,cf3 7� 5oh 9-7-1(P a;�;;Lo Cct O(1 jvn r f7500(- � W �,n,pec ss•'•�.S.'gw� d-GrPpti:cg z3 0<> vg((e.( v: Ljj 3 �. 523 c( q']A-aN3. 503 Uw%.'3 141 C 4n.1-fA4- Are- Z f r�54�:u„� 5 �!OL-3 gl'1 �4z►.�u�� SS-2 FoRH Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address i M wC X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T W 0 E E R 0 B C T E A SS-3 FORT WORTH Total Dollar Amount of M/WBE Subcontractors/Suppliers $ O0.OD Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ Z 3 Co. 00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ Z(� q •�`� The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MM/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 MNV/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any, failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. .............. ell /P.,- L+,�UI�)s� C't Authorized Signdture Printed Signature cP44zma �- ora Title Contact Narneffitle,(If different) w Company Name Telephone and/or Fax '2. Rw r-otg c fl� rte-►^�. ©'t��,,,e Address E-mail Address 7G.2 `f17 1 t�, fq� Y 4 Citylstatelzip Date SS-4 FORT NORTH - City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe R rime PROJECT NAME: �y� M/W/DBE NON-AOtN/DBE B D DATE City's M/WBE Project Goal: PROJEC NUMBER 15 % If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by`the Managing Department on or before 5:00 p.m.,five(5)City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profle of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W BE(s)on this contract,the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time no s than one 1 year. Authorized n ture Printed Signature 4tl( �b ,Y-- ,/[f Tie Contact Name(if different) Company Name f Phone Number Fax Number 923/ .e9'l 1/ /rd lAlt co'-t S�r� ���fv be ('mss.•/, t!"awr Address 72( Email Address / 1671 11.41 City/StaterZip Date FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: MWIDBE ON-MCMI/DBE BID DATE City's M/WBE Project Goar: PR JECT NUMBER )5 If you have failed to secure MIWBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a MIWBE or non-MIWBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets,if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Zn,, a h,✓ G-1 2.) Obtain a current(not more than three(3) months old from the bid open date) list of MIWBE subcontractors and/or suppliers from the City's MIWBE Office. t/"Yes Date of Listing EDI 0 I 0q — No 3.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MIWBE firm, ea rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide MIWBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more,.the.bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not..less than ten to be in compliance with questions 3 and 4. a 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of Plans and specifications in order to assist the M/WBEs? ✓ Yes No 6.) Submit documentation if MIWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection G-2 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachme 1C will be contacted and the reasons for not using them will be verified by the City' MBE Office. _ _____. ovov C Cldry7 Authorized Signature Printed Signature nDl&al-*, me,Y- A26 Titley Contact Name and Title(if different) (YA& .mac, 9117413/q/0Y 6 11,7J7,f5:?SD Company Name Phone Number Fax Number 10314' -AO�4- ('ale 6,0Au51-r6CA)'x 09 e2;le 4U. d" Address Email Address 4&,L n 7&2 yd za/ice0a s� City/State/Zip Date AL G-3 COLE CONSTRUCTION, INC. EQUIPMENT INVENTORY as of MAY '04 EQ# MAKE/MODEL DESCRIPTION 561 Case, 1997 95XT&Attachments 562 Case, 1998 570LXT Wheel Loader 563 Case, 2000 90XT Uniloader 564 Case, 2001 90XT Uniloader 565 Caterpillar, 1998 416C Backhoe Loader 566 Ditch Witch, Used 3610 Trencher&Attachments R 567 Ditch Witch, Used 3610 Trencher w/Deutz Engine&Attachments 568 Ditch Witch, Used 3610 Trencher w/Deutz Diesel Engine&Attachments 569 Ditch Witch, 1996 3610 Trencher&Attachments 570 Ditch Witch, Used 14010 DD Trencher&Attachments 571 Ditch Witch, Used 6510 Trencher 572 Ditch Witch,.Used R40 Trencher w/Ford Diesel &Attachments 573 Finn, 1998 T120GND II Hydroseeder, 1200 gal (w/trailer) 574 John Deere, 1997 12650 Tractor&Attachments 575 John Deere, 2001 1445 Front Mount Comm'I Mower 576 John Deere, 2002 5520 4WD Flat Platform Tractor& Loader Attachments 577 Kubota, 1998 L35 Tractor&Attachments 578 Kubota, 1999 L5450HDTW Tractor&Attachments 579 Kubota, 1999 F2560E Front Diesel Mower 580 Kubota, 1999 B21 TL Tractor&Attachments 581 Kubota, 2000 B21-TL Tractor/Loader&Attachments 582 Kubota, 2001 B21-TL Tractor/Loader/Backhoe 583 Midmark, Used T321 Trencher 584 1 Midmark, Used T321 Trencher 585 Rex Tractor 586 --------- 8'Tractor Box w/Laser Controls equip dha 10/13/2004 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project North Tarrant Parkway / IH-35W Interchange Mitigation Site No—11 — Whites Branch Creek and City of Fort Worth Project No. C116-020116021218. CONTRACTOR: G#4 Cow-t�Affl*, By: ame: 4A corn r Title: Aw. Date. q STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me/that / �/he executed the same as the act and deed of l� L-Ow�ilGu�l�o�11 � for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this -?3 day of , 20 0S':' A.Sharon tnkmsn 1 A My Commisson Expires Notary Public in and for the State 03 zof ___ �,p,;, . Texas Client#:30039 COLECONI ACORD. CERTIFICATE OF LIABILITY INSURANCE Qti;4/0°" "YY' +� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coble-Cravens Ins.Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Hilb,Rogal 8.Hamilton Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2201 N.Collins,Suite 295 Arlington,TX 76011-2698 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Bituminous Casualty Corp 20095 Cole Construction,Inc. INSURER B: Ohio Casualty Insurance Co 24074 10315 Alta Vista Road INSURER c: Texas Mutual Ins Co 22945 Keller,TX 76248 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 ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY CLP3195881 09/01/04 09/01/05 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 CLAIMS MADE FX-1 OCCUR MED EXP(Any one person) $5,000 X PD Ded:500 PERSONAL 6 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 00O 000 POLICY X PEOT LOC A AUTOMOBILE LIABILITY CAP3195882 09/01/04 09/01/05 COMBINED SINGLE LIMIT $1 OOO OOO X ANY AUTO (Es fid) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per P—) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per ) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ B EXCESS/UMBRELLA LIABILITY BX00553252786 09/01/04 09/01/05 EACH OCCURRENCE s2,000,000 X I OCCUR EJCLAIMS MADE AGGREGATE $2 OOO 000 $ 1 DEDUCTIBLE $ IX RETENTION $10000 $ C WORKERS COMPENSATION AND TSF0001062730 09/19104 09119/05 X WC STATU- OrR TH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 000000 ANY PROPRIETOR/PARTNER/EXECUTIV'E OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A OTHER Sched Equip CLP3195881 09/01104 09101105 $382,000 T Leased/Rented Eqp $200,000 Special w/Theft 1 $1,000 Ded. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 days for non-payment of premium. T Project:Landscape/Irrigation for North Tarrant Parkway/IH-35W interchange Mitigation Site No.1-Whites Branch Creek. The City of Fort Worth,its officers,employees and servants are additional insureds on a primary and r (See Attached Descriptions) 1 CERTIFICATE HOLDER CANCELLATION ttt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL sn• DAYS WRITTEN r 1000 Throckmorton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth,TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AV011ORLZED REPRESENTATIVE ACORD 25(2001108)1 of 3 #S160665/M151220 f�/Frr��n JILeTLG�i�VJ PGOS Q ►COR "-POR! Bond #216 47 41 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Cole Construction, Inc. , as Principal herein, and (2) Independence Casualty and Surety Company a corporation organized and existing under the laws of the State of(3) Texas as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Sixty Seven Thousand, One Hundred Seventy Four Dollars and No Cents Dollars ($67,174.00) 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 i Obligee dated the 25th I day of January , 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: NORTH TARRANT PARKWAY / IH-35W INTERCHANGE MITIGATION SITE NO. 1 — WHITES BRANCH CREEK Project No. C116- 020116021218. 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 25th day of January , 2005. r Cole Construction, Inc. PRINCIP ATTEST: By: i� Name: �Kr��/ (Principal) Secretary Title: (S E A Q Address: 10315 Alta Vista Road Keller, TX 76248 VAnesdias to Principal Inde enden a �ualty and Surety Company SURETY ST: By: Name: Jack M. Crowley / Secretary Attorney in Fact (S E A Q Address: 2201 N. Collins #295 Arlington, TX 76011-2698 r A Witness as to Surety Telephone Number: 817-794-1600 ` 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 Attomey-in-Fact. The date of bond shall not be prior to date of Contract. No.0004782 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint JACK M.CROWLEY,PATRICIA A.SMITH AND ROBERT W.PURDIN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001 d°°unwrq'i tND Min INSURANCE COMPANY OF THE WEST A p.ltwaruouva,a �`e°°�oA�i��0 4 THE EXPLORER INSURANCE COMPANY 9 o SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY loaaANd>, M YNI�_AO John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego } ss. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER COMM.#1257540 NOTARY PUBLIC-CALIFORNIA SAN DIEMMISgi 1—p— OUNTY My Commission Expires MARCH 19,200: 9,2004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 25th day of January 2005 John H.Craig,Assistant Secretary To venfy the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer t the Powgr of,Attorney Number the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please coritita Surety Claims;IC-W Group 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Cole Construction„ Inc. ("Contractor"), as principal, and, Independence Casualty and Surety Company a corporation organized under the laws of the State of Texas ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Sixty Seven Thousand, One Hundred Seventy Four Dollars and No Cents Dollars ($67,174.00), 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 25'h of_January , 20 11, a copy of which is hereto attached and made a part hereof, for the t performance of the following described public improvements: NORTH TARRANT PARKWAY I IH-35W INTERCHANGE MITIGATION SITE NO. 1 — WHITES BRANCH CREEK the same being referred to herein and in said contract as the Work and being designated as project number(s) C116-020116021218 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 r 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 t' 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 Transportation and Public Works Department, 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 4' reconstruct said.Work in accordance with all the terms and conditions of said Contract, these presents shall be s null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and Surety will consider additional annual maintenance terms upon expiration of the initial Two Year Maintenance Period. A the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 25th day of January , A.D. 2005. Cole Construction, Inc. PRINCIPA ATT ST: By: -��'//'' . Name: /��✓*,,-; (Principal) Secretary Title: �/W ' (S E A L) Address: 10315 Alta Vista Road Keller, TX 76248 Witness to Principal Independ ce asualty and Surety Company SURETY ATTEST: �--_. By: (_�/ /-;;" \x' _ L Name: Jack M. Crowley Secretary' Attorney in Fact (S E A L) Address: 2201 N. Collins #295 Arlington, TX 76011-2698 Witness as to Su et Telephone Number: 817-794-1600 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. N" X11 'JU•.U��j ��cSo No.0004782 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint JACK M.CROWLEY,PATRICIA A.SMITH AND ROBERT W.PURDIN their true and lawful AttornwAs)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. ®r#, j �` q �� INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY SEAL a INDEPENDENCE CASUALTY AND SURETY COMPANY 0 0 John H.Craig,Assistant Secretary John L.Hannam,Executive Vice President State of California County of San Diego } ss. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER v - COMM.#1257540 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Commission Expires MARCH 19,2004 J Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying" CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 25th day of January 2005 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attome,. Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Onoup, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 25h day of January , 20 05 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Cole Construction, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the m construction of certain improvements described as follows: NORTH TARRANT PARKWAY / IH-35W INTERCHANGE MITIGATION SITE NO. 1 - WHITES BRANCH CREEK Designated as project number, C116-020116021218 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the " commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 90 (Ninety) calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 154.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in " writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to C-Z property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be SIXTY SEVEN THOUSAND, ONE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS $67,174.00 C-3 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. 1iSr V1�'C Done in Fort Worth, Texas, this the 2e day of January , 20 05 . O RT WO ASSISTi T CITY GER APPRO D: e-S DIRECTOR, TRANSPORTATION AND nn / � PUBLIC WORKS Cdh, c�4it"V etc . ATTEST: (Contractor) CITY SECRETA Y (SEAL) BY: r entative (Re p ) contract Authorizatioa (TITLE) Date /03/5 &A /�� '�• APPROVED AS TO FORM & (Address) LEG (City/State/Zip) AS T ClATTO November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 Revised June 2001 WE r - TECHNICAL SPECIFICATIONS „ DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100 -SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment, materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: PLANTING AND IRRIGATION PLANS FOR IH-35W/NORTH TARRANT PARKWAY INTERCHANGE MITIGATION SITE—NO.1 -WHITES BRANCH CREEK includes: Installation of Trees, Irrigation System, all Fencing , and Signage. These plans and specifications were prepared by Carter& Burgess, Inc. The owner is the City of Fort Worth Transportation and Public Works Department who is responsible for administering this project. Upon successful completion of the work, the owner will arrange for acceptance of the park improvements by the City of Fort Worth Parks and Community Services Department(PACSD). The work performed by the contractor shall be subject to inspection by the Owner on a periodic basis to insure construction compliance to the construction documents. In addition to project performance stated above, the Contractor shall also be responsible for: N 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the TPW and provide updated project schedules at such meetings. 1 The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth, Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in ` those documents are contrary to this publication, this publication shall govern. In case of conflict between plans and specifications, the plans shall govern. A copy of the Standard y Specifications for Street and Storm Drain Construction can be purchased at the office of the I1 Transportation and Public Works Department, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas. The Contractor shall provide all permits and licenses and pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor C&B 961035.010 -1 - �v�` `� ''!'� August 19, 2004 Gener il Rui hh0� �y`,' shall contact the City of Fort Worth's Development-Plans Exam Section for a determination of applicable permits or variances required for this project. SECTION 01135 -CONTRACT TIME 1.01 PROGRESS AND COMPLETION The Contractor shall be responsible for scheduling a preconstruction conference with representatives of the Owner and the TPW prior to actual commencement of work. At the time of the preconstruction conference, a construction start date shall be established. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract and as agreed to in the preconstruction conference. 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 form all his obligations hereunder which shall remain in full force until the discharge of the Contract. SECTION 01140 -ALTERNATIVES The Owner 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 Owner. SECTION 01150 - PAYMENT TO CONTRACTOR 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor, tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the action of the elements, or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright, and for completing the work according to the plans and/or specifications. The payment of any current or partial estimate shall in no way C&B 961035.010 —2— August 2— August 19, 2004 General Requirements affect the obligations of the Contractor to repair or remove, at his own expense, the defective parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. Contractor shall provide construction schedule at the pre-construction meeting. 1.02 Partial pay estimates shall be submitted by the Contractor to the Owner as stipulated in the Contract Agreement. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. 1.04 The Owner reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of$400,000 or more at the time of execution, retainage shall be 5 percent. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by Owner. Contractor's failure to make the required payment to subcontractors will authorize the Owner to �. withhold future payments from the Contractor until compliance with this paragraph is accomplished. 1.07 Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. The City does not guarantee the construction of any minimum quantity of work,and may order some or none of the work herein specified. 1.08 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor, that is authorized and approved by the Owner, will be paid for under"Change orders" made in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, subcontracts, materials, tools, equipment and incidentals, and for all supervision, insurance, bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of"Change orders" to be selected by the Owner: A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and Owner and approved by the Owner before said extra work is commenced subject to all other conditions of the contract. C&B 961035.010 -3- August 3- August 19, 2004 General Requirements B. Method "B". By a lump sum price agreed upon in writing by the Contractor and Owner and approved before said extra work is commenced, subject to all other conditions of the contract. 1.09 DELAYS: If delay is caused by specific orders given by the Owner to stop work, or by the performance of extra work, or by the failure of the Owner 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 TPW; 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. 1.10 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the Owner within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. 1.11 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men, materials or equipment will be allowed. SECTION 01300 -SUBMITTALS Prior to construction, the Contractor shall furnish the Owner a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment (if applicable) and project clean-up. " The Contractor shall furnish shop drawings, product data and samples to the Owner for approval by TPW on all material specified. Refer to Section 01640-1.02. SECTION 01400 -QUALITY CONTROL The Contractor will receive all instructions and approvals from the Owner. Any work done at the direction of any other authority will not be accepted or paid for. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 -TESTING All material tests made by the testing laboratory selected by the Owner will be paid for by the Owner. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. C&B 961035.010 —4— August 19, 2004 General Requirements r SECTION 01500 --TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense all injury and damage to same, which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed to be accurate as to location and depth; they are shown on the plans as the best information available and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. No equipment, vehicles or construction material shall be allowed under the drip line of any existing tree cover at any time during project construction. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES 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 shovel, drilling rigs, pile drivers, hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage-type guard about the boom or arm, except backhoes or dippers, and insulator links on the lift hood connections. dk When necessary to work within six feet of high voltage electric lines, the Contractor shall notify the responsible power company to erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. SECTION 01640 -SUBSTITUTIONS AND PRODUCT OPTIONS 1.01 GENERAL Send submittals for substitutions to submit to: Project Manager(as designated by TPW) Transportation and Public Works Department(TPW) 2nd Floor 1000 Throckmorton Fort Worth,TX. 76102 C&B 961035.010 —5— August 5— August 19, 2004 General Requirements 1.02 PRODUCTS LIST A. Within five (5)Working Days after commencement of work, the Contractor shall - submit to the Owner two (2) copies of complete list of all specified products and submittals for review and approval by TPW. B. Tabulate list by each specification section. C. For products specified under reference standards, include with listing of each product: 1. Name and address of manufacturer 2. Trade name 3. Model or catalog designation 4. Manufacturer's data a. Performance and test data b. Reference standards C. D. Specified material shall not be ordered by the Contractor until such time product material submittals have been received, reviewed and approved by the TPW Project Manager and the Owner. 1.03 SUBSTITUTIONS A. TPW Project Manager will consider written requests from Owner/Contractor for product material substitutions at the pre-construction meeting. If no product material substitutions are submitted at such time, the City shall expect that only specified product material will be installed. B. If substitutions are considered the Owner/Contractor shall submit two (2)copies of request for substitution. Include in request: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature: (1) Product description (2) Performance and test data (3) Reference standards c. Samples, if required. d. Name and address of similar projects on which product was used, and date of installation. C. In making request for substitution, the Contractor represents that they: 1. Have personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. Will provide the same guarantee (or better)for substituted product or method specified. 3. Will coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all respects. .. C&B 961035.010 —6— August 6— August 19, 2004 General Requirements 4. Waive all claims for additional costs related to substitution, which consequently become apparent. D. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without formal request submitted in accord with Paragraph 1.03. 2. Acceptance will require substantial revision of Contract Documents. E. Should the Contractor install a non-specified product without prior approval from the City as per the conditions set forth in Item 1.03A of this section, the City shall direct the Owner to instruct the Contractor to remove such material and require that the Contractor replace with the specified product material at its own expense. SECTION 01700 - PROJECT CLOSEOUT 1.01 CLEANING The Contractor shall make final clean up of the construction area, to the satisfaction of the TPW, as soon as construction in that area is completed. Clean up shall include removal of all construction materials, pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the TPW. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers, ready-mix trucks, tools, etc., shall take place in an area designated by the TPW. 1.02 GUARANTEE The Contractor shall be responsible for defects in this project due to faulty workmanship or materials, or both, for a period of one (5) years from the date of final acceptance of this project by TPW. The Contractor will be required to replace, at his own expense, any part, or all, of this project, which becomes defective due to these causes. See pages 02200-4 and 02300-5 for specific instructions on maintenance requirements for trees and the irrigation system. C&B 961035.010 —7— August 7— August 19, 2004 General Requirements SECTION 01800 -CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS Contractor covenants and agrees to indemnify Owner, Owner's engineer and architect, City's Project Manager, and their personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner and City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees,whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner and City, its officers, servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner and City from and against any and all injuries to the Owner's and City's officers, servants and employees and any damage, loss or destruction to property of the Owner and City arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of the Owner and City, its r officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. END OF DIVISION C&B 961035.010 —8— August 8— August 19, 2004 General Requirements DIVISION 2— SITE WORK SECTION 02200 TREES PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, equipment, transportation services and plant materials necessary to complete the planting and maintenance of all trees, shrubs and ground covers in accordance with the plans and specifications. B. Related Work Specified Elsewhere: 1. Specifications for Irrigation System. 1.2 DEFINITIONS A. AAN: American Association of Nurserymen. B. Substantial Completion of Installation: This acceptance will be granted upon completion of installation of all plant material according to the plans and specifications. C. Final Inspection: The last inspection immediately prior to expiration of the maintenance period. D. Owner's Representative: An agent of the Owner. 1.3 QUALITY ASSURANCE A. Contractor Qualifications: Minimum of three years' experience on projects of similar characteristics and size. B. Reference Standards: 1. American Joint Committee of Horticultural Nomenclature: Standardized Plant Name, Second Edition, 1942. 2. American Association of Nurserymen, Inc., American Standard for Nursery Stock, Z60.1-86 or latest edition. C&B No. 961035.010 02200 - 1 August 19, 2004 Trees 3. Official Method of Analysis of the Association of Official Analytical Chemists (ADAC). C. Substitutions: 1. Install substitutions only upon written approval of the Owner. 2. Submit substitutions possessing same characteristics as plant or material indicated. 3. Do not substitute plants of less cost than plant indicated unless Owner is �. to receive a portion of the price differential. 4. Where larger plants are substituted by Contractor, substitute plants of greater value without any additional cost to Owner. D. Quality Control: 1. Contractor shall be responsible for all material shown on plans. Submit documentation to the Owner's Representative within fourteen (14) days after award of contract that all plant material is available. All substitutions due to unavailability must be requested in writing prior to confirmation and ordering. All plants shall be subject to inspection and approval by the Owner's Representative at place of growth and/or upon delivery to the site for conformity to the specifications. Such approval shall not impair the right of inspection and rejection during progress of the work. 2. The Contractor shall submit specifications of any item being used on-site upon the request of the Owner. 3. All plants delivered to the site will have an identification tag from the supplying nursery showing common and botanical plant names. Do not remove tag until after final inspection. 1.4 SUBMITTALS A. Certificates: 1. Submit certificate of inspection. 2. File certificates with Owner's Representative prior to material acceptance. B. Maintenance Instructions: Submit written maintenance schedule for maintaining plant material after completion of job to Owner before the final inspection. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING 1. Ball size and ratios: (a) Conform to AAN standard sizes and plant list. (b) Collected plants ball size shall be 10% greater in diameter than nursery grown. Owner's Representative to review C&B No. 961035.010 02200-2 August 19, 2004 Trees request for use of collected plant material. 2. Pack plant material to protect against climatic, seasonal, and breakage IP injuries during transit. 3. Securely cover plant tops with tarpaulin or canvas to minimize wind- whipping and drying. Use anti-desiccant as needed. 4. Pack and ventilate to prevent sweating of plants during transit by rail. Give special attention to insure prompt delivery and careful handling to point of delivery at planting job site. B. Delivery: 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark and conformance to state law. 2. The Contractor shall furnish the Owner with two (2) copies of receipts for all amendments specified herein. 3. Deliver all plants with legible identification labels. 4. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 5. The Contractor shall notify the Owner seven (7) days in advance of delivery of all plant materials and shall submit an itemized list of the plants in each delivery. C. Storage: 1. Protect roots of plant material from drying or other possible injury with soil or acceptable material. 2. Store plant material in the shade and protected area from the weather. 3. Maintain and protect plant material not to be planted immediately upon delivery in a healthy, vigorous condition. 4. Erect temporary fence and store material inside in a manner approved by Owner. D. Handling: 1. The Contractor is cautioned to exercise care in handling, loading, unloading and storing of plant materials. Plant materials that have been damaged in any way will be discarded and if installed, shall be replaced with undamaged materials at the Contractor's expense. 2. Do not drop plants. 3. Do not pick up container or balled plants by stems or trunks. 4. Lift and handle balled plants from bottom of ball. M C&B No. 961035.010 02200-3 August 19, 2004 Trees r a 1.6 JOB CONDITIONS A. Protection: Before excavations are made, take precautionary measures to protect lawn areas driven over by vehicles and where planting soil is temporarily. B. Scheduling: 1. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted practice. 2. Install trees, shrubs and ground cover plants prior to lawn installation. 3. Coordinate scheduling with Landscape Irrigation Contractor and Turf Contractor. 1.7 SAMPLES AND TESTS A. Owner reserves the right to take and analyze samples of materials for conformity to specifications at any time. B. Contractor shall furnish samples upon request by Owner. Rejected materials shall be immediately removed from the site at Contractor's expense. Cost of testing of materials not meeting specifications shall be paid by Contractor. 1.8 GUARANTEE, MAINTENANCE, AND ROUTINE INSPECTIONS A. Substantial Completion: 1. The Contractor shall request a mutually acceptable substantial completion inspection in writing ten (10) days before the anticipated date. - 2. Plantings type, size and number shall be approved by the Owner's Representative as being in accordance with the plans and specifications. 3. Any plant required under this contract that is injured, weak condition, dead, not true to its name or size as determined by the Owner's Representative in conjunction with the Contractor, shall be removed from the site and replaced at no additional cost to the Owner. B. Guarantee Period: Guaranteed period of planting shall begin immediately after the substantial completion inspection. Replace all plants that are dead or unhealthy during the performance period specified in the contract agreement. C. Maintenance: 1. Maintain all planted areas for a period of 5 years from the date of completion to insure a 75% survivability rate during that period of time. C&B No. 961035.010 02200-4 August 19, 2004 Trees 2. All replacement of plant material during the 5 year maintenance period shall be with original size specified as shown on the plans. 3. Repair all construction related damages to existing plants at no additional expense to the owner. 4. Maintenance shall consist of but not be limited to: a. Tree Watering—The Contractor is responsible for landscape and irrigation system management for the site. The Contractor is responsible! for water charges over and above water budget allocation use. Water budget allocation to be determined by the owner. Water Management includes (1) irrigation scheduling meeting the tree's water needs, (2) monitoring and repair of all irrigation system components, (3) minimization of irrigation water run-off to protect the property and reduce risk of negative environmental actions. b . Tree Pruning - As directed by the owner. c. Tree Spaying-As needed to insure that all insects and diseases that are harmful are removed from the infected trees. d. Tree Fertilizing -As needed to insure that the health of the trees or as directed by the owner. 5. Contractor shall be responsible for bi-annual inspections of all plantings. The inspections shall occur in the months of March and September on dates approved by the owner. The contractor shall provide written reports to the owner as to the overall health of the plantings and the extent of maintenance performed within 10 days following each inspection. D. Final Acceptance: Ten days prior to the end of the maintenance period the Contractor shall send written notice to the Owner requesting a mutually acceptable final inspection date. E. At the final inspection, all plant materials must be in healthy growing condition, pruning complete, staking and guying secure, sprinkler risers vertical, and irrigation performing as per manufacturer's description. C&B No. 961035.010 02200-5 August 19, 2004 Trees PART 2- PRODUCTS 2.1 MATERIALS " A. Plant Material (See Plans for Type and Size): 1. Plants shall be in conformance with the Texas State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, „ vigorous and free of insect infestations, plant diseases, sunscalds, windburn, knots, injuries, abrasions of the bark, or other objectionable disfigurements. Tree trunks shall be sturdy and have well "hardened" systems and vigorous and fibrous root systems which are not root or pot-bound. In the event of disagreement as to condition of root system, the root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants or more than two percent of the total number of plants of each species or variety. Where container-grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Owner reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Owner is the sole judge as to acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified on plans. The minimum acceptable size of all plants measured before pruning with the branches in normal position shall conform with the AAN Standards. Plants larger in size than specified may be used with the approval of the Owner, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. -u 3. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work m and replaced with new plants at the Contractor's expense. 4. Pruning: At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery and any alteration of their shape shall be conducted only with the approval and when in the presence of the Owner's Representative. 5. Plant material shall be true to botanical name and variety. CSB No. 961035.010 02200-6 August 19, 2004 Trees I 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of project. b. Container-grown stock in vigorous, healthy condition, not root-bound or with root system hardened off. C. Use only liner stock plant material which is well established in removable containers or formed homogenous soil sections: d. If required, provide proof that material was nursery grown. All rejected stock shall be replaced at Contractor's expense. 7. Trees: a. Single straight trunks unless indicated otherwise. b. Trees with weak, thin trunks not capable of support will not be accepted. B. Commercial Fertilizer: 1. Uniform composition. 2. Pelletized. 3. Containing following minimum percentage of plant food by weight: O"` a. Available nitrogen: 10%. b. Available phosphoric acid: 10%. C. Available potash: 5%. C. Tree Pit Backfill Mix Available through: Soil Building Systems 1770 "Y" Street Dallas, TX. 75229 1.866.SOIL.SBS r D. Porous Fill: 1/4-inch coarse washed pea gravel. D. Root Activator: Carl Pool Root Activator, or an approved equal. F. Water: Potable, available on-site. Contractor shall furnish temporary hoses and connections as required. G. Tree Paint: Morrison Tree Seal, Cabort Tree Paint, or equal. H. Soil Erosion Netting (IF APPLICABLE): Ludlow Soil Saver, or an approved equal. C&B No. 961035.010 02200-7 August 19, 2004 Trees o I. Guying and Staking Materials: 1. As indicated on the plans. PART 3- EXECUTION 3.1 INSPECTION A. Contractor shall verify that established grades are correct and determine locations of all underground utilities prior to beginning planting. B. Contractor shall see that all planting areas are free of all weed and foreign material prior to beginning planting. C. Contractor shall inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper size and shape. D. Contractor shall not begin planting until deficiencies are corrected, or plants replaced. To begin work indicates acceptance of site conditions. 3.2 PLANT LOCATIONS AND MEASUREMENTS A. Stake locations of trees. B. Place shrubs and ground cover in indicated locations. C. Notify Owner's Representative of discrepancies prior to planting. D. Plants, locations and bed outlines will be approved by Owner's Representative prior to planting. 3.3 EXCAVATION FOR PLANTING A. Pits: 1. Shape: a. Vertical sides and bottom sloping to one corner. b. Plant pits to be square or circular. 2. Size for Trees: Twice as wide and three inches deeper than the root ball. Refer to tree planting detail for depth of actual root ball. i a C&B No. 961035.010 02200-8 August 19, 2004 Trees B. Obstructions Below Ground: 1. Remove rock or underground obstructions to depth of six inches below bottom of plant ball or root when plant is properly set at the required grade. 2. If underground obstructions cannot be removed, notify Owner's Representative. 3. Avoid damaging underground utility lines. 4. Repair damage to existing utilities at no additional expense to Owner. C. Disposal of Excess Soil. 1. Use acceptable excess excavated topsoil for filling holes, pits, and beds as directed by the Owner's Representative. 2. Dispose of unacceptable or unused excess soil at an off-site location or as directed by the Owner's Representative. 3.5 PREPARATION A. Soil Preparation: 1. Pre-Planting Weed Control: a. If live perennial weeds exist on-site at the beginning of work, spray with a non-selective systemic contact herbicide, as recommended and applied by an approved licensed landscape pest control and applicator. Leave sprayed plants intact for at least fifteen (15)days to allow systemic kill. b. Clear and remove these existing weeds by mowing or grubbing off all plant parts at least 1/4-inch below the surface of the soil over the entire area to be planted. 2. Planting mixture for trees shall consist of the following ratio: a. Topsoil - 5 cubic yards b. Acid Grow New Life or Approved Equal - 3 cubic yards C. Commercial fertilizer- 5 pounds d. Sharp sand - 2 cubic yards 3. At time of planting, the top two inches of all areas to be planted shall be free of stones, stumps, or other deleterious matter one-inch in diameter or larger and shall be free from all wire, plaster or similar objects that would be a hindrance to planting or maintenance. 4. Pre-Emergence Herbicide: Apply after planting at rates recommended by manufacturer. C&B No. 961035.010 02200-9 August 19, 2004 Trees + , 3.6 PLANTING INSTALLATION A. General -� 1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Owner's Representative. 2. Only as many plants as can be planted, staked and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken and they shall be planted and watered immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. 4. Set plants in planting pits at level shown on the details. 5. Set plants plumb and rigidly braced in position until planting mixture has - been tamped solidly around plant ball. 6. Thoroughly settle plant by watering and tamping planting mixture. 7. Rake planting beds level before and after planting. 8. Apply fertilizer. 9. Apply mulch to planting beds as noted on plans. 10. Thoroughly water trees and shrubs. 11. Stake and guy all trees according to the plans. B. Balled Plants: - 1. Place in pit on planting mixture that has been hand-tamped prior to placing plant. . 2. Place with burlap intact so location of ground line at top of plant ball is same as at nursery. 3. Remove binding at top of ball and lay top of burlap back six inches. 4. Do not pull wrapping from under ball. 5. Do not plant if plant ball is cracked or broken before or during planting process or if stem is loose. 6. Backfill with planting mixture. C. Container-Grown Plants: 1. Cut cans on two sides with an acceptable can cutter. 2. Do not injure root ball. 3. Carefully remove plants without injury or damage to root balls. 4. After removing plant, superficially cut edge roots with knife on three sides. 5. Place in pit on planting mixture that has been hand-tamped prior to placing plant. C&B No. 961035.010 02200- 10 August 19, 2004 Trees 6. Backfill with planting mixture. D. Mulching: 1. Cover watering basin or planting bed evenly with mulch as shown on the plans. 2. Water plant material immediately after mulching. 3. Hose down planting area with a fine spray to wash leaves of plants. E. Pruning: 1. Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. 2. Do not prune evergreens, except to remove injured branches. 3. Pruning shall be as directed by the Owner's Representative. 4. Make cuts flush leaving no studs. 5. Paint cuts over 3/4-inch diameter with approved tree-wound paint. F. Porous Fill: 1. Install where shown on plans. 2. Install per manufacturer's recommendations. G. Soil Filter Material: 1. Install where shown on plans. 2. Install per manufacturer's recommendations. H. Root Activator: Use as recommended by the manufacturer. I. Soil Erosion Netting: 1. Install where shown on plans. 2. Install per manufacturer's recommendations. J. Steel Curbing: 1. Install where shown on plans. 2. Install per detail. K. Staking and Guying: Staking of all trees shall be completed immediately after planting and as indicated on the plans. C&B No. 961035.010 02200- 11 August 19, 2004 Trees L. Planting of Ground Covers: 1. Ground cover plants shall be grown in flats or as indicated on plans. Flat ., grown plants shall remain in those flats until transplanting. The flat's soil t shall contain sufficient moisture so that it will not fall apart when lifting the plants. 2. Ground cover shall be planted in straight rows and evenly spaced, unless otherwise noted, and at intervals called out in the plans. Triangular spacing shall be used unless otherwise noted on the plans. 3. Each rooted plant shall be planted with its proportionate amount of flat soil. Plantings shall be immediately irrigated after planting until the entire area is soaked to the full depth of each hole. 4. Care shall be exercised at all times to protect the plants after planting. Any damage to plants by trampling or other operations of this contract shall be repaired immediately at no additional expense to the Owner. M. Watering: 1. Water as required when soil moisture is below optimum level for best ° plant growth. 2. Coordinate watering with Owner's Representative and recommend a watering schedule for areas to be watered with landscape irrigation — system. 3.7 CLEAN-UP -� A. After all planting operations have been completed, remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. Contractor shall pick up all trash resulting from this work at least once a week and/or the last working day of each week. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom-clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition. M' All walks shall be left in a clean and safe condition. 4 END OF SECTION C&B No. 961035.010 02200- 12 August 19, 2004 Trees SECTION 02300 IRRIGATION SYSTEM PART 1 - GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Division-1 specification sections, apply to work of this section. 1.1 DESCRIPTION Landscape irrigation system components and installation procedures. 1.2 LICENSED IRRIGATOR Installation of the irrigation system shall be under the supervision of a licensed irrigator in the State of Texas. 1.3 STANDARDS ASTM D1785 (ANSI B72.7): Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. ASTM D2241 (ANSI B72.2): Standard Specification for Poly (Vinyl Chloride) 3(PVC) Plastic Pipe (SDR-PR). ASTM D2466: Standard Specification for Poly(Vinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 40. ASTM D2564 (ANSI B72.16): Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Pipe and Fittings. ASTM D2855 (ANSI K65.55): Standard Recommended Practice for Making Solvent-Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 1.4 EQUAL MATERIALS A. It is not the intent of these specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified, it has been done to set a definite standard and a reference for comparison as to quality, application, physical conformity, and other characteristics. It is not the intention of the Owner or the Consultant to discriminate against or prevent any dealer, jobber or manufacturer from furnishing materials, equipment, and/or fixtures, which meet or exceed the characteristics of the specified items. Substitution of materials shall not be made without prior written approval from the Owner and the Consultant. C&B No.961035.010 02300 - 1 Irrigation System August 19, 2004 B. Design criteria and water pressure must be carefully considered when selecting equipment. Only equipment that performs as specified will be considered. 1.5 LOCATION OF AND DAMAGE TO EXISTING UTILITIES The Contractor is responsible for locating underground obstacles. Exercise caution to prevent damage to existing facilities during the progress of the work, taking care to locate same, where possible, in advance of the actual work. The Owner's representative will render all assistance possible to the Contractor in determining the location of existing utilities by making available such maps, records and other information as may be accessible to him, when requested to do so, but the accuracy of such information will not be guaranteed. The Contractor shall be responsible for repairs resulting from damage to existing utilities resulting from his operations. Should the Contractor, in the layout of work, encounter any pipe, underground utility, or structure, the location of which has not been furnished to him by the Owner, he shall bring such conditions to the attention of the Owner's representative for his determination of the method to be used to remove or bypass such obstructions. 1.6 WATER SUPPLY Make connections to the existing water line at the location shown on the plans. 1.7 WORKMANSHIP Install equipment in accordance with the recommendations of the manufacturer and the best standard practice for this type of work. Care must be taken to keep the inside of the pipes clean and free of dirt, rock, cutting, etc. Flush all systems clean prior to installing sprinkler heads. 1.8 CODES AND PERMITS Install all work applicable to local codes and ordinances and the National Electrical Code. Obtain and pay for all required permits. 1.9 WEATHER PROTECTION Protect and maintain all work, materials and fixtures from weather damage. All new work likely to be damaged shall be covered or otherwise protected. 1.10 SITE CONDITIONS Before ordering materials or beginning work, verify dimensions of new work. Any discrepancies found shall be submitted to the Owner's representative for consideration before proceeding with work. No extra compensation will be allowed because of differences between actual dimensions and measurements indicated on the plans. Plans are diagrammatic and approximate. C&B No.961035.010 02300 - 2 Irrigation System August 19, 2004 1.11 PROTECTION AND SAFETY A. Send proper notices, make all necessary arrangements and perform other services required for the care, protection and maintenance of public utilities, and services, including fire plugs, telephone and telegraph poles and wires, and all other items of this nature on or about the site, assuming all responsibility and paying all costs for which the Owner may be liable. B. Construct and maintain necessary temporary drainage and provide pumping, as required, to keep excavations free of water. C. Provide all shoring, bracing and sheeting as required by OSHA Regulations and for the proper execution of the work. All shoring, bracing and sheeting shall be removed from the site when the work is completed. D. Fires are not permitted. E. All work shall be performed in accordance with the national "Occupational Safety and Health Standards" (OSHA). 1.12 SUBMITTALS Using hard cover 3 ring notebooks, provide not less than three (3) copies of complete brochures describing equipment and materials, including names of manufacturer's catalog numbers, trade names, instructions for setting, connecting and operation, technical data and any special information requested. Unless resubmission is required, two will be retained and one returned after being reviewed. If resubmission is required, one corrected copy and one original copy will be retumed after being reviewed. If resubmission is required, one corrected copy and one original copy will be returned and one will be retained. One approved copy shall be in the file of the Contractor's representative at the project site. 1.13 RECORD PRINTS t A. Provide and keep a complete up-to-date a Record Set of blue-line prints which shall be corrected daily and show every change from the original plans and specifications and the exact locations, sizes and kinds of equipment. Prints for this purpose may be obtained from the Owner's representative at cost. This set of drawings shall be kept on the site and shall be used only as a record set. B. These drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. Make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These plans shall be available at all times for inspection and shall be kept in a location designated by the Consultant. C&B No.961035.010 02300 -3 Irrigation System i, August 19, 2004 C. Before the date of the final inspection, transfer all information from the record prints to an ozalid sepia, provided by the Consultant. All work shall be neat, in ink, and subject to the approval of the Consultant. D. Dimension from two (2) permanent points of reference, building corners, sidewalks, or road intersections, etc., the location of the following items: 1. Connection to existing water lines. 2. Connection to existing electrical power. 3. Gate valves. _ 4. Routing of irrigation pressure lines (dimension maximum 100' along routing). 5. Remote control valves. 6. Routing of control tubing. 7. Quick coupling valves. 8. Manual drain valves. 9. Routing of irrigation lateral lines (with a change of two (2)feet each way). 10. Other related equipment as directed by the Owner's representative. — E. Prior to the date of the final inspection, the contractor shall deliver the corrected and completed sepias to the Consultant for approval. Delivery dft of the sepias will not relieve the responsibility of furnishing required information that may be omitted from the prints. 1.14 CONTROLLER CHARTS A. The Consultant shall approve the record prints before the controller charts are prepared. B. Provide one controller chart for each automatic controller. C. The chart shall show the area controlled by the automatic controller and shall be the maximum size, which the controller door will allow. D. The chart is to be a reduced plan of the actual approved in-place system. E. The chart shall be a photo-static copy of blue-line ozalid print and a . different color shall be used to indicate the area of coverage for each station. F. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum of 20 mils. G. These charts shall be completed and approved by the Consultant prior to final inspection of the irrigation system. C&B No.961035.010 02300-4 Irrigation System August 19, 2004 1.15 IRRIGATION CONTRACTOR'S RESPONSIBILITY A. Prior to submittal of the bid, the Contractor shall acquaint himself with all matters and conditions concerning the site and existing conditions. B. Coordinate work with the other trades so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall be responsible for all sleeves and chases under paving, through walls, etc., unless otherwise noted on plans. 1.16 CHANGES IN THE WORK A. The Owner may, without invalidating the contract, order additional work or alterations to the contract. B. Any changes shall be requested in writing and the contract sum shall be adjusted according to the unit cost bid submitted by the Contractor. Any extension of time due to additions in work shall be adjusted at the time of the change order. C. Minor changes, such as head locations and controller locations, which do not involve extra cost and are consistent with the purpose of the work may be ordered by the Owner's representative and no claim for an addition to the contract sum or time schedule will be considered. 1.17 FINAL INSPECTION A qualified person duly authorized in writing to represent the Irrigation Contractor shall be present at the final inspection to demonstrate the system and prove the performance of the equipment. Prior to this inspection, all work under this division shall have been completed, tested, balanced and adjusted and in final operating condition. 1.18 MAINTENANCE AND ROUTINE INSPECTIONS A. Maintain the operation of the entire system, to the extent possible under the scope of the work included in this contract. The entire system shall be maintained properly for a period of 5 years from date of final completion. Repair any defects or replace any defective parts found or occurring within that 5-year span, free of expense to the Owner. B. Include a copy of the guarantee form in the Operation and Maintenance Manual. C&B No.961035.010 02300-5 Irrigation System August 19, 2004 C. Contractor shall be responsible for bi-annual inspections of the irrigation system and all of its components. The inspections shall occur in the months of March and September, unless specified otherwise by the TPW /owner, on dates approved by the TPW/owner. The contractor shall provide written reports to the TPW /owner as to the overall performance of the system and the extent of repairs performed within 10 days following each inspection. 1.19 MISCELLANEOUS SERVICES OF IRRIGATION CONTRACTOR A. Train at least two (2)of the Owner's employees in the operation and maintenance of the system. This shall include the operation of the controllers and valves, how to most effectively use the system, and maintenance on all equipment including the removal and replacement of valve and controller components. B. Provide two (2) quick coupling valve keys and two (2) sets of automatic controller keys for each controller. This equipment shall be turned over to the Owner upon final acceptance of the work by the Owner. C. Provide a watering program to the Owner showing the scheduling or sequencing of the valves, including which valves may be run simultaneously, and a desirable timing program for each controller. The controllers shall be scheduled to prevent an excessive amount of head loss in the system. The program shall include suggested operating time for new planting and established growth. , D. Operation and Maintenance Manuals- Prepare and deliver to the Consultant, within ten calendar days prior to completion of construction, two hard cover, three ring binders containing the following information: 1. Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturer's representative. 2. Catalog and parts sheets on each product and equipment type installed under this contract. 3. Guarantee statement. 4. Complete operating and maintenance instruction on all major equipment. 1.20 SITE OR FIELD VISITS BY THE CONSULTANT A. The Consultant will visit the site once to examine materials for type, size and character specified. The Consultant will also visit the site once to examine the installation and operation of the system. B. Should additional trips be required due to rejection of materials or improper or inadequate completion of the work, the costs of additional C&B No.961035.010 02300-6 Irrigation System August 19, 2004 trips will be paid for by the Contractor. Such costs will include the Consultant's time, travel and other miscellaneous related expenses. PART 2- MATERIALS 2.1 GENERAL All materials and accessories shall be of new and unused material. Any section of pipe found to be defective before or after installation shall be replaced with new pipe. All new irrigation equipment shall be essentially the standard product of the manufacturer. All new equipment furnished shall have in-service performance records sufficient to verify published capabilities. 2.2 PIPE AND FITTINGS A. PVC Pressure Main Line and Fittings: 1. Pressure main line piping shall be Schedule 40 PVC pipe. Main line piping less than three (3) inches in diameter shall have solvent welded joints. Main line piping greater than three (3) inches in diameter shall be JM Ring-Tite gasketed bell joint pipe, or approved equal. 2. Pipe shall be made from NSF approved Type I, Grade I PVC compound conforming to ASTM resin specification D1785. All pipes must meet the requirements of Federal Specification S-21- 70. 3. PVC solvent-weld fittings shall be Schedule 40, 1-2; II-1 NSF approved conforming the ASTM test procedure D2466. 4. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name. b. Nominal pipe size. C. Schedule or class. d. Pressure rating in PSI. e. NSF (National Sanitation Foundation) approval. f. Date of extrusion. 6. All fittings shall bear the manufacturer's name of trademark, material designation, size applicable IPS schedule and NSF seal of approval. C&B No.961035.010 02300 - 7 Irrigation System August 19, 2004 B. PVC Non-Pressure Lateral Line Piping: 1. Non-Pressure buried lateral line piping 3/4" in diameter and above shall be SDR 21 (200 PSI) PVC with solvent-weld joints. Laterals 1/2" in diameter shall be SDR 13.5 Class 315 PVC with solvent- weld joints. 2. Pipe shall be made from NSF approved, Type I, Grade 11 PVC compound conforming to ASTM resin specification D1785. All pipes must meet the requirements of Federal Specification PS-21- 70 with an appropriate standard dimension ratio. ` 3. Except as noted in paragraphs above, pipe and fittings for PVC non-pressure lateral line piping will be the same as for solvent- weld pressure main line pipe and fittings as set forth in "PVC Pressure Main Line Pipe and Fittings" above. 2.3 AUTOMATIC CONTROLLERS A. Controller shall be DIG °LEIT" Solar Controller, Model X10— 10 Station Controller with MV/P. B. The Owner's Representative shall approve the final location(s)of controller prior to installation. C. Controller shall be housed on a pedestal as recommended by the manufacturer. 2.4 RAIN AND FREEZE SENSORS Contractor shall provide one of each of the following per controller (total of 2 controllers): • Dig model # SKIT 8821-4 sensor adapter • Hunter Mini-Clik • Glen-Hilton Freeze-Clik model #401 freeze sensor Contractor shall provide one 12' ht. x 4"wide x 4"wide treated wooden Post with 9' minimum of post visible above finished grade. Wooden post installed 2'-4' adjacent to controller. Mount and install Hunter Mini-Clik II rain sensor and Glen-Hilton Freeze-Clik model#401 freeze sensor a minimum of 8' above finished grade. r, C&B No.961035.010 02300 - 8 Irrigation System August 19, 2004 2.5 BALL VALVES All ball valves shall be thermoplastic manufactured to ASTM F 1970 and constructed from PVC Type I, ASTM D 1784 Cell Classification 12454 or CPVC Type IV, ASTM D 1784 Cell Classification 23447. All O-rings shall be EPDM or genuine Viton®. All valves shall have Safe-T-Shear® stem with O-ring stem seal. All handles shall be polypropylene. All union nuts shall have Buttress threads. All seal carriers shall be Safe-T-Blocked®. All valves shall be certified by NSF International for use with potable water. All 1/2" - 2"valves shall be pressure rated to 235 psi for water @ 73° F. All 2 Y2"—4" and all flanged valves shall be rated to 150 psi for water @ 73° F. 2.6 REMOTE CONTROL VALVES The remote control valves shall be of the type shown on the drawings, and shall be electrically operated, normally closed diaphragm type valves. Valves shall be slow opening and closing. Valves shall have a manual flow control and manual bleed plug. 2.7 QUICK COUPLING VALVES The quick coupling valves shall be of the type and size shown on the drawings 2.8 AIR VENT/VACUUM RELEASE VALVE— NOT APPLICABLE The air vent/vacuum release valve shall be of the type and size shown on the drawings. The air vent/vacuum release valve will be installed at location shown on the drawings. Install air vent/vacuum release valve in accordance with local codes and ordinances. 2.9 BACKFLOW PREVENTER The backflow prevention device shall be of the type and size shown on the drawings. The backflow preventer will be installed at location(s) shown on the drawings. install backflow preventer in accordance with local codes and ordinances. 2.10 REMOTE CONTROL WIRE Connections between the automatic controllers and the remote control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be different color wire for each automatic controller. Common wires shall be white with a different color stripe for each controller. Install in accordance with automatic controller manufacturer's specifications and wire chart. In no case shall wire size be less than AWG #14 U.F. C&B No.961035.010 02300 - 9 ym August 19, 2004 2.11 CONTROL WIRE SPLICES Control wire splices shall be made with 3M-DBY wire connectors and sealant, or an approved equal. Connectors shall be of the proper size to match the wire. Only make wire splices in valve boxes or junction boxes approved by the Owner's representative. 2.12 VALVE BOXES Valve boxes for remote control valves and isolation valves shall be of type and size as shown in details. 2.13 ROTARY POP-UP HEADS— NOT APPLICABLE Rotary pop-up heads shall be the type as shown on plans with a 3/4"female inlet. Rotary pop-up heads shall be installed in a cyclolac case. Heads shall pop-up until the nozzle is a minimum of 2"above ground level. All internal parts shall be removable from above ground. See the Irrigation Legend on the plans for the performance data. 2.14 SPRAY POP-UP HEADS— NOT APPLICABLE Pop-up spray heads shall be the type as shown on plans with a 1/2"female inlet. -� The nozzle shall have the angle of trajectory specified on the equipment schedule, and a screw adjustment for regulating the spray radius. See the Irrigation Legend on the plans for the performance data. 2.15 RISER MOUNTED IMPACT SPRINKLERS— NOT APPLICABLE Riser mounted impact sprinklers shall be of the type shown on the plans, mounted to a 1/2" sch. 80 polyethylene riser. See the Irrigation Legend on the plans for the performance data. 2.16 SCH. 80 RISER MOUNTED BUBBLER Riser mounted adjustable full circle bubbler shall be of the type shown on the plans, mounted to a 1/2" sch. 80 polyethylene riser. See the Irrigation Legend on the plans for the performance data. 2.17 SWING JOINT NIPPLES All swing joint nipples shall be made of polyvinyl chloride, Schedule 40, threaded pipe. Fittings at swing joints shall be schedule 40 PVC threaded elbows. C&B No.961035.010 02300 - 10 Irrigation System August 19, 2004 PART 3 - INSTALLATION 3.1 GENERAL A. Provide a complete and properly functioning automatic irrigation system as indicated herein and on the Drawings. B. Unless otherwise specified or shown on the plans, the construction of irrigation lines shall include excavation and backfill, the furnishing, installing and testing or irrigation pipe and fittings, and electrical conductors and all other work in accordance with the plans and specifications. The irrigation system installation shall be coordinated with other construction activities. C. All valves and other irrigation equipment shall be located in planting areas, unless otherwise noted on the Drawings. 3.2 PIPE AND FITTINGS A. PVC pipe, couplings and fittings shall be handled and installed in accordance with the manufacturer's recommendations. Each pipe length shall be properly spaced in jointing to allow for expansion and contraction. Piping will be snaked in trench as shown in the trenching details. If necessary, stakes are to be used to make pipe snake in trench. All stakes are to be removed, as the trench is backfilled. B. All laterals shall be installed with 12" minimum coverage over pipes at finish grade and all main lines with at least 18" minimum coverage. All lines shall have a minimum clearance of 6"from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. C. Install concrete thrust blocks as indicated on the details in the drawings. Blocking shall be a minimum of 1.5 C.F. each. Set concrete blocking against undisturbed earth. D. The interior of the pipe shall be thoroughly cleaned of all foreign matter before being lowered into the trench, and shall be kept clean during laying operations by means of lugs or other approved methods. The pipe shall not be laid in water, or when trench or weather conditions are unsuitable for the work. Water shall be kept out of the trench until the joints are completed. When work is not in progress, open ends of pipe " and fittings shall be securely closed so that no trench water, earth or other substance will enter the pipes or fittings. Any pipe that has the grade or joint disturbed after being installed shall be taken up and relayed. Fittings at bends in the pipe, and at the end of lines shall be firmly wedged against the vertical face of the trench by means of concrete thrust blocks. C&B No.961035.010 02300- 11 Irrigation System August 19, 2004 E. Joints in all screwed fittings shall be made by applying teflon tape on + male threads. Use of pipe joint compound or similar substance is prohibited. F. After installation, the lines will be flushed until they are free of rocks, dirt, debris, etc., before the heads are installed. G. Pipes and/or sleeves placed underground and not immediately connected to other pipes shall be capped or plugged to prevent water and dirt from entering the pipe. Sleeves for wires shall be capped or sealed with mastic tape after wires have been installed. 3.3 AUTOMATIC CONTROLLERS A. Controllers shall be installed as per the manufactures specifications. B. All electrical wiring and connections shall be installed according to the local City and National Electrical Code. 3.4 BALL AND REMOTE CONTROL VALVES A. Install all new valves as indicated on the plans or as may be required for the proper control of the piping systems in which they are incorporated. Valves shall be set vertically. Valves shall be set as shown on the drawings and as approved by the Owner's representative. B. Control valves shall be adjusted to give the correct pressure at the spray head. C. Teflon tape is to be used on all male threads when installing valves. D. All valve boxes are to be left in a clean condition, providing ready access to valves. 3.5 QUICK COUPLING VALVES , Quick coupling valves shall be installed in a vertical position as shown in the details and at locations shown on the plans. 3.6 BACKFLOW PREVENTER Backflow preventer shall be installed as shown on drawings and in accordance with local codes and ordinances. C&B No.961035.010 02300- 12 Irrigation System August 19, 2004 3.7 REMOTE CONTROL WIRE A. Connections between the automatic controllers and the remote control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be different color wire for each automatic controller. Common wires shall be white with a different color stripe for each controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than AWG #14 U.F. B. All wire shall be installed according to local electrical codes and must be insulated with PVC and bear UL approved (Type UF)for direct underground burial. 3.8 CONTROL WIRE SPLICES A. Control wire splices shall be made with 3M-DBY wire connectors and sealant, or an approved equal. Connectors shall be of the proper size to match the wire. B. No control wire splices will be permitted between remote control valve boxes and controllers. 3.9 VALVE BOXES Valve boxes shall be installed in an accessible place as shown on plans. All valve box covers, valve boxes, etc. shall be placed so the edges are parallel or perpendicular to adjacent hard edges. Top of all boxes shall be 1"above finished grade. Top surface of boxes shall be installed so that a smooth surface is created in relation to existing grade. 3.10 IRRIGATION HEADS Irrigation heads shall be installed in plumb position at intervals not to exceed those shown and in the approximate location and configuration shown on the plans. Head swing joints, risers and flexible connectors shall be as shown on the details. All nipples shall be the minimum length required to allow irrigation head adjustment motion without including load on the supply pipe. Irrigation heads shall be installed as detailed on the plans. 3.11 TRENCH EXCAVATION AND BACKFILL A. The Contractor shall perform all excavation to the depth indicated in these specifications and plans. All excavated material not required for fill or backfill shall be removed from the site. The banks of trenches shall be kept as nearly vertical as practicable. Trenches shall be wide enough to permit proper placing of pipe. Where rock excavation is required, or where stones are encountered in the bottom of the trench, the rock or stones shall be removed to a depth of four (4) inches minimum below the RM trench depth indicated. The over-depth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth or sand, C&B No.961035.010 02300- 13 Irrigation System August 19, 2004 thoroughly compacted. Whenever soil, which is wet or otherwise incapable of supporting the pipe is encountered in the trench bottom, such soil shall be removed to a depth and length required and the trench backfilled to trench bottom grade as hereinafter specified, with coarse sand, fine gravel or other suitable material. B. Bottom of trench grade shall be continued past ground surface deviations to avoid air pockets and low collection points in line. The minimum cover specifications shall govern regardless of variations in ground surface profile and occasional deeper excavation required at banks and other field conditions. Excavation shall be such that a uniform trench grade variation will occur in all cases where variations are necessary. In no case shall the angle of deflection from one pipe length to another exceed 5 degrees. C. Trench excavation shall consist of the satisfactory removal and disposition of all materials, and shall include all shoring and sheeting required by state and local regulations to protect the excavation and to safeguard employees. D. During excavation, materials suitable for backfilling shall be stockpiled in an orderly manner a sufficient distance back from edge of trenches to avoid overloading and prevent slides or cave-ins. No excavated materials shall be placed within or permitted to fall upon roadways. E. The trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting or earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stone. Rock, broken concrete or pavements and large boulders shall not be used as backfill material. The backfill shall be thoroughly compacted and evened off with the adjacent soil level. Any materials not suitable for backfill shall be removed from the site and disposed of. F. Select fill dirt or sand shall be used if soil conditions are rocky. In rocky areas the trenching depth shall be four inches below normal trench depths to allow for this bedding. The fill or dirt or sand shall be used in filling four inches above the pipe or wires. The remainder of the backfill shall contain no lumps or rocks larger than one inch. The top six inches of backfill shall be free of rocks, subsoil or trash. G. Backfill shall be placed in layers; the thickness of the layers shall depend on the nature of the material and the method of compaction used. Compaction shall be accomplished in such a manner as to assure that there will be no future subsidence. H. Any trenches improperly backfilled, or where settlement occurs, shall be reopened to the depth required for compaction, then filled and compacted with the surface restored to the required grade and left in a completed surface condition as described above. - C&B No.961035.010 02300- 14 Irrigation System August 19, 2004 I. All excavation and backfill shall be unclassified and covered in the base bid. No additional charges will be allowed for rock encountered. 3.12 LEAK TEST A. When the main line or sections of the main line, laterals, swing joints and valves have been installed, the system (or section)will be thoroughly flushed. The system (or section)will then be pressurized for 8 hours at the operating pressure. B. All joints and connections shall be pressure tested and checked for leaks prior to backfilling. C. All lateral lines, from the control valve to the spray head, shall be tested, for an operating period of 8 hours by capping the pipe at the sprinkler head and pressurizing the pipe. D. Any leakage found will be repaired and retested for another 8-hour period prior to backfilling. 3.13 CLEANING AND FLUSHING SYSTEM After pipe, fittings, and valves have been installed and connections made to the water source, flush pipes several times until free of all rocks, dirt, trash, pipe shavings or debris before installing heads. After the pipe has been thoroughly flushed, start installing the heads with the water running, beginning with the one nearest the valve and working toward the ends of the laterals forcing the water and any debris left in the pipe out the last head connection. After the heads " have been installed the system is to be operated several times before final inspection. The heads shall also be cleaned or replaced if necessary before final inspection. 3.14 PLANT MATERIALS Where it is necessary to excavate adjacent to plant materials, the Contractor shall use all possible care to avoid injury to plants and plant roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a trencher is run close to plants having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots one (1) inch and larger in diameter shall be painted with two coats of Tree Seal, or equal. Trenches adjacent to plant should be closed within twenty-four(24) hours; and where this is not possible, the side of the trench adjacent to the plant shall be kept shaded with burlap or canvas. No trenching shall occur within 8' of existing trees if heads occur closer than 8'to an existing tree, the lateral trench shall be cut radial to the trunk. C&B No.961035.010 02300 - 15 Irrigation System August 19, 2004 3.15 TEMPORARY REPAIRS The Owner reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.16 CLEANUP A. Make final cleanup of all parts of the work before final acceptance. This cleanup shall include removal of all construction materials and equipment, and in general leaving the site in an orderly and finished appearance. B. The Contractor shall also remove from the site any rock or extra soil resulting from this contract and he shall restore the site to its original condition or better. 3.17 WATERING The Contractor is responsible for landscape water management and irrigation , system maintenance/ repair for the site. The Contractor is responsible for all water charges throughout the installation period and the 5-year maintenance period. The water use includes watering and any leaks that may occur. The contractor shall submit a proposed watering schedule to the city for approval. Water Management includes (1) irrigation schedule meeting the tree's water needs, (2) monitoring and repair of all irrigation system components, (3) minimization of irrigation water run-off to protect the adjacent property and *` reduce risk from environmental actions. END OF SECTION C&B No.961035.010 02300 - 16 Irrigation System August 19, 2004 SECTION 02400 MITIGATION SIGNAGE—TxDOT STANDARDS ITEM 644 SMALL ROADSIDE SIGN ASSEMBLIES 644.1. Description.This Item shall govern for furnishing,fabricating and erecting small roadside sign assemblies of the various types as shown on the plans. The sign assembly shall consist of the sign(s),sign support(s), foundation(s)and associated mounting hardware. 644.2. General. All materials and construction methods shall conform to the details shown on the plans and the pertinent requirements of the following Items: 6443 to 646.2 *Item 421,"Portland Cement Concrete" *Item 440,"Reinforcing Steel" *Item 634,"Plywood Signs(Type A)" *Item 636,"Aluminum Signs(Type A)" *Item 646,"Small Roadside Sign Supports" Item 656,"Foundations for Signs,Traffic Signals and Roadway Illumination Assemblies" 6443. Measurement. This Item will be measured as each small roadside sign assembly complete in place. 644.4. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Small Roadside Sign Assemblies"of the various types specified. This price shall be full compensation for furnishing, fabricating, galvanizing and erecting the supports; for constructing concrete foundations where required; for fumishing complete signs including sign connections and all hardware; for attaching the signs to the supports; for washing and cleaning the signs; and for all other materials, labor,tools, equipment and incidentals necessary to complete the work. ITEM 646 SMALL ROADSIDE SIGN SUPPORTS 646.1. Description. This Item shall govern for furnishing, fabricating, and erecting steel supports used for small roadside sign supports of the various types and sizes as shown on the plans. 646.2. General. All materials and construction methods shall conform to the details shown on the plans,the requirements of this Item and the pertinent requirements of the following Items: *Item 441,"Steel Structures" *Item 442, "Metal for Structures" *Item 445,"Galvanizing" *Item 656,"Foundations for Signs,Traffic Signals and Roadway Illumination Assemblies" *Item 660,"Winged Channel Posts" C&B No 961035.010 02400-1 August 19, 2004 Mitigation Signage—TxDOT Standards 6463 to 646.4 Material for perforated fuse plates shall be as shown on the plans and shall not have an ultimate tensile strength exceeding that shown on the plans. All bolts, nuts, washers, lock washers, screws and other sign support hardware shall be galvanized steel, stainless steel or dichromate sealed aluminum, in conformance with Departmental Materials Specification D-9-7120. When dissimilar metals are used, the metals shall be so selected or insulated to prevent corrosion. All materials furnished by the Contractor shall be new. i 6463. Fabrication. Fabrication and welding shall be in accordance with Item 441, "Steel +�br Structures",the ANSI/AWS STRUCTURAL WELDING CODE DLI,the details shown on the plans and the requirements of this Item. Conformance to the plans and/or other approved drawings does not relieve the Contractor of the responsibility for providing proper fit of components. The length of each post for each sign shall be verified by the Contractor before fabrication in order to meet actual field conditions and to provide the sign mounting heights shown on the plans. Any necessary field fabrication or adjustments shall be with the approval of the Engineer. All fabricated parts shall be galvanized in accordance with Item 445, "Galvanizing". Any holes in rt. steel parts or members that are permitted by the plans or by the Engineer shall be punched or drilled before the parts or members are galvanized. Any steel part or member on which galvanizing has been damaged in assembly, transit or erection and any steel part or member welded after galvanizing shall be repaired in accordance with Item 445,"Galvanizing". 646.4. Construction Methods. Sign supports shall be located as shown on the plans,except that the Engineer may shift the sign supports, within design guidelines, where necessary to secure a more desirable location or to avoid conflict with utilities. Unless otherwise shown on the plans,the Contractor shall stake and the Engineer will verify all sign support locations. *Refer to Texas Department of Transportation For Highways.Streets&Bridges, 1993 C&B No 961035.010 02400-2 August 19, 2004 Mitigation Signage—TxDOT Standards 646.5 ML Stub posts shall be the type, spacing, orientation and projection shown on the plans, and shall be rigidly held in position during concrete placement. Stub posts, in the case of driveable sign supports, shall project above finished grade as shown on the plans. In material other than rock, the posts shall be driven. A driving cap or other means that will prevent cross section dimension distortion,visible at a distance of five(5)feet,shall be utilized in the driving of posts. Posts damaged during installation shall be removed and replaced by the Contractor at the Contractor's expense. Construction near any underground or overhead utilities shall be accomplished using established lip industry and utility safety practices. The Contractor shall consult with the appropriate utility company prior to beginning such work. Multisection sign supports consisting of stub posts,with triangular slip bases,pipe collar couplings or other splice arrangements and upper post sections may, at the Contractor's option, be cast in the concrete foundation as a unit. However,if installation is made with the upper post section attached, the support shall not be exposed to traffic until the sign panel is properly affixed. The upper post sections shall be connected to the stub post sections by bolts or other connection devices as shown on the plans. Care shall be taken to ensure that one flat washer is positioned on top of the bolt keeper plates between the upper and lower slip base sections, and that a flat washer is positioned under the head and nut of each connection bolt. Connection bolts shall be torqued as shown on the plans. All sign supports shall be plumb. Springing or raking of posts to secure proper alignment will not be permitted. 646.5. Measurement and Payment. The work performed, materials furnished and all labor, tools, equipment and incidentals necessary to complete the work under this Item will not be measured or paid for directly,but will be considered subsidiary to the various bid items of the contract. 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