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Contract 33458
�.", CITY SECRETARY ^ECRETARY CONTRACT NO. FILE v' SPECIFICATIONS ACTOR'S BONDING CO. AND .r RUCTIONS COPY CONTRACT DOCUMENTS L)-cPARTMENT FOR PAVING IMPROVEMENTS PREWETT ROAD (NORTH BEACH STREET TO SILVER SAGE DRIVE) TPW Project No.: C200-541200.204400001883 DOE NO.: 4571 FILE NO.: K-1881 IN THE CITY OF FORT WORTH,TEXAS •- MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER A.DOUGLAS RADEMAKER.P.E.. ROBERT D.GOODE,P.E. DIRECTOR DIRECTOR DEPARTMENT OF ENGINEERING T/PW DEPARTMENT low NOVEMBER 2005 .•�`��pF Ty1tI •••••••�'f !oto * 06' ' * PREPARED BY: DENNIS W.SCHULZE HDR ENGINEERING INC. :•4 • •_ • •% 512 MAIN STREET,SUITE 600 e�/pp�p�7� TF- FORT WORTH,TEXAS,76102 II ••"••••'• ��= TELEPHONE NO.(817)810-9132 FAX NO.(817)810-0772 ll ORIGINAL 'F�I C I A I PA 0F�D CITY NIC-M Y 04-25-06 P03:54 IN WWW11CFWNQt40r tax 1T11KA • • Print M&C COUNCIL ACTION: Approved on 3/28/2006 DATE: 3/28/2006 REFERENCE NO.: **C-21370 LOG NAME: 30PREWETT00018 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Stabile & Winn, Inc., for Pavement Reconstruction for a Portion of Prewett Road (Project No. 00018) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of$384,190.50 for Pavement Reconstruction of Prewett Road, from North Beach Street to Silver Sage Drive. DISCUSSION: On September 7, 2004, (M&C C-20259) the City Council authorized the City Manager to execute an engineering agreement with HDR Engineering, Inc. for the design of Prewett Road, from North Beach Street to Silver Sage Drive, which consists of pavement reconstruction. The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction of Prewett Road, from North Beach Street to Silver Sage Drive. Street improvements include concrete pavement reconstruction, construction of standard concrete curb, driveway approaches and sidewalks and storm drain installation as indicated on the plans. The project was advertised for bid on November 23 and December 1, 2005. On January 26, 2006 the following bids were received: Bidders Amounts Stabile &Winn, Inc. $384,190.50 McClendon Construction Co., Inc. $385,310.85 JLB Contracting, L.P. $406,107.10 Ed A. Wilson, Inc. $436,933.75 McMahon Contracting, L.P. $475,865.45 Time for Completion: 120 Working Days. Funding in the amount of$ 54,754.00 is required for associated paving and drainage construction survey, project management, pre-construction, material testing, inspection and project close out. The contingency fund for possible change orders for paving and drainage improvements is $19,210.00. M/WBE—Stabile & Winn, Inc., is in compliance with the City's M/WBE Ordinance by committing to 16% M/WBE participation and documenting good faith effort. Stabile &Winn, Inc., identified several subcontracting opportunities. However the M/WBE's contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 18%. This project is located in COUNCIL DISTRICT 4, Mapsco 36N, P. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the carrent capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 541200 204400001883 $384,190.50 Submitted for City Manager's Office by: Marc Ott(6122) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) ATTACHMENTS -AN. 8.2806 6105PM HDR FORT WOPTH (817)810 0772 NO.213 P. 1i2 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO. 1 2004 CIP CONTRACT 5 Paving Improvements in Prewett Road(N. Beach Street to Silver Sage Drive) Project No,00018 DOE No.4571 RELEASE DATE: January 3, 2006 BDS RECEIVED: January 5,2006 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are revised and amended as follows: 1. NOTICE TO BIDDERS revise the bid opening date to Thursday,Januar419,2006. 2. PROPOSAL: Add Pay Item 29 for 6 FSA of Wates hfeter/Bernice Iteloearions). PAY DESCRIPTION OF ITEMS WITH BIU JUNIT TOTAL IQAUPPARNOTXITY PRICES WRITTEN IN WORDS VALUE VALTJ'B 29. 6 EA. Relocate Water Meter Boxes: uaex 4N09-0 6f Dollars & 00 N►c Cents Per EA. $ 35C' S t oo� 3. PROPOSAL: Add Pay Item 30 for Remove and Replace 100 LF Wooden Fence. 30. 100 L.F. Remove and Replace Wooden Fence: E�G.*T teJ Dollars& F%F T,1 Cents per L.F. 5 o 1 t� n1 �LAo "' . 3.2006 6:05PM HDR PORT WORTH (817)810 0772 NO.213 P.2/2 Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal,Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. I" Failure to acknowledge the receipt of Addendum No.1 could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. RECEIPT ACKNOWLEDGED: A.DOUGLAS RADEMAKER,P.E. DIRECTOR,DEPARTMENT OF ENGINEERING By: By: Ric h� Arm fow Dena Johnson,P.1;. Title: Vie., f4stwA i Program Manager A➢UF.nT7UNV.000 jHN tJ-Luub ;Hu uT : lb r11 1! r, w, LNUMtt.-, i MA Nu, b tart Ib04 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.2 2004 CAPITAL IMPROVEMENT PROGRAM -CONTRACT # S STREET RECONSTRUCTION OF PREWETT ROAD, FROM N.BEACH STREET TO SILVER SAGE DRIVE PROJECT NO. 00018 DOE NO, 4571 RELEASE DATE. January 19, 2006 BIDS RECEIVED: January 19, 2006 INFORMATION TO BIDDERS: Prospective Bidders are hereby notified of the following revisions. Revised pages are included for insertion into the contract documents at the appropriate locations. 1. In the NOTICE TO BIDDERS, revise the bid opening date to Thursday,January 26, 2006. 2. The Storm Water Pollution Prevention Plan(SWPPP)will be available for review by the prospective bidders on January 23, 2006,at the Department of Engineering Office, Municipal Building, 1000 Throckmorton Street,Fort Worth,Texas. The SWPPP for this contract is related to the PROPOSAL,Pay Item 20. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal (3) Indicate in upper case letters on the outside of the sealed bid envelop: "RECEIVED& ACKNOWLEDGED ADDENDUM NO.2" RECEIPT ACKNOWLEDGED: A. DOUGLAS RADEMAKER,P.E. DIRECTOR, DEPARTMENT OF ENGINEERING By. _d n _ _ By: Dena Johnson, P.E. Title: _ViU R-s.st0161T-- ��� Program Manager v SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS PREWETT ROAD (NORTH BEACH STREET TO SILVER SAGE DRIVE) TPW Project No_: C200-541200.204400001883 DOE NO.: 4571 FILE NO.: K-1881 IN THE CITY OF FORT WORTH,TEXAS MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER A.DOUGLAS RADEMAKER.P.E.. ROBERT D.GOODE,P.E. DIRECTOR DIRECTOR DEPARTMENT OF ENGINEERING T/PW DEPARTMENT NOVEMBER 2005 _ EOF tyhl ' w �000.°•sem° . s 54Q• !.�'s�h • * i PREPARED BY. DENNIS W.SCHULZE ile eg HDR ENGINEERING,INC. ° w 712110: 512 MAIN STREET,SUITE 600 ®,c•�:�GisrEQ`�• FORT WORTH,TEXAS,76T02 {{�F TELEPHONE NO.(817)810-9132 FAX NO.(817)810-0772 •tl I SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS PREWETT ROAD (NORTH BEACH STREET TO SILVER SAGE DRIVE) TPW Project No.: C200-541200.204400001883 DOE NO.:. 4571 FILE NO.: K-1881 IN THE CITY OF FORT WORTH,TEXAS MIKE MONCR.IEF CHARLES BOSWELL MAYOR CITY MANAGER A.DOUGLAS RADEMAKER.P.E.. ROBERT D.GOODE,P.E. DIRECTOR DMECTOR DEPARTMENT OF ENGINEERING T/PW DEPARTMENT NOVEMBER 2005 PREPARED BY: HDR ENGINEERING,INC. 512 MAIN STREET,SUTTE 600 FORT WORTH,TEXAS,76102 TELEPHONE NO.(817)810-9132 FAX NO.(817)810-0772 TABLE OF CONTENTS UNIT 1-WATER DEPARTMENT UNIT 2-TRANSPORTATION & PUBLIC WORKS DEPARTMENT SECTION A UNITS 1 & II: WATER DEPARTMENT & TRANSPORTATION / PUBLIC WORKS NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS FORT WORTH MIWBE POLICY BID PROPOSAL VENDORS COMPLIANCE TO STATE LAW SECTION B UNIT I: WATER DEPARTMENT SPECIAL INSTRUCTION TO BIDDERS (WATER) PART C-GENERAL CONDITIONS PART C-1 - SUPPLIMENTRY CONDITIONS TO PART C GENERAL CONDITIONS PART D-SPECIAL CONDITIONS PART DA-ADDITIONAL SPECIAL CONDITIONS PART E - MATERIAL SPECIFICATION SECTION C UNIT I1: TRANSPORTATION/ PUBLIC WORKS SPECIAL INSTRUCTIONS TO BIDDERS (TPW) SPECIAL PROVISIONS FOR STREET AND STORM DRAIN GENERAL CONSTRUCTION NOTES SECTION D UNITS I & II: WATER DEPARTMENT & TRANSPORTATION / PUBLIC WORKS CERTIFICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CONTRACT CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAWS APPENDICES UNITS I & II: WATER DEPARTMENT &TRANSPORTATION/ PUBLIC WORKS APPENDIX A-STANDARD FIGURES AND DETAILS APPENDIX B- RAILROAD CONSENT AND EASEMENTS APPENDIX C-GEOTECHNICAL REPORT APPENDIX D-TEMPORARY RIGHT OF ENTRY 10/27/04 SECTION -A- Units I & II: Water Department and Transportation/Public Works Notice to Bidders NOTICE TO BIDDERS Sealed proposals for the following: PAVING IMPROVEMENTS PREWETT ROAD (NORTH BEACH STREET TO SILVER SAGE DRIVE) PROJECT NUMBER(S): C200-541200-204400001883 DOE NO.4571 Addressed to Mr. Charles Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, January 5, 2006 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A Thirty dollar ($30.00) non-refundable deposit is required for the documents. These documents contain additional information for prospective bidders. ®` All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders. The major work on the above referenced project shall consist of the following: 5,625 SY 6-inch Lime Stabilized Subgrade 2,675 LF 7-inch Reinforced Concrete Curb 5,475 SY 6-inch Reinforced Concrete Pavement 9,000 SF 4-inch Reinforced Concrete Sidewalk 1,550 CY Unclassified Excavation Included in the above will be all other items of construction as outlined in the Plans and Specifications. A Prebid Conference has been scheduled for Wednesday,December 14, 2005 at 11:00 am in the Transportation and Public Works Conference Room 270. The City reserves the right to reject any and/or all bids and waive any and/ all irregularities. No bid may be withdrawn.until the expiration of ninety (90).days after the opening of bids,but in no case will the award be made until all necessary investigations to be made as to the responsibility of the bidder to whom it is proposed to award the contract have been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817)392-7910. " Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise Prewett Road 1 of 2 Notice to Bidders DOE No.4571 i NOTICE TO BIDDERS section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. p In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. For additional information, contact Richard Argomaniz, P.E. at (817) 392-8653 or Dennis W. Schulze,P.E.of HDR Engineering,Inc. at(817)810-9132,ext. 2801. CHARLES BOSWELL MARTY HENDRIX CITY MANAGER CITY SECRETARY ' Department of Engineering A.Douglas Rademaker,Director Advertising Dates: By Rick Trice,P.E. Assistant Director November 23,2005 December 1,2005 Prewett Road 2 of 2 Notice to B' defy§- - DOE No.4571 Comprehensive Notice to Bidders None `P i ,{.�'� i, ' %h ':r�"'R�� . le �`�.� Vis.._ ,yY} •r,.v-�&a;'a. 'qq.-t�... t"= V:s'.- .. t.ti.-�..—sa['y^'. 1(P--* "S •""�,_ .. .__. I ATTACHMENT IA page 10," `0111T City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime STshwLE V' %M+J ItAC' M/W/DBE NON-MMDBE PROJECT NANZ14 : /� BID DATE Z.00q tf*q%TVq%- Imp"ve"SAT Vo M QCT S -Zp�tA. vo Zooto City's M/WBE Project Goal: Prime's MIWBE Project Utllizadon: PROJECT NUMBER zi V2> % k6 % DoE * LkS Identify all subcontractors/suppliers you will use on this project ra'Ien6r�e40wlti F,gbeste d mels o rete }� f Ma a ❑epa @ess da a . fil tsi i7o in wal irgsu lic 01 �s t "616 The un eig_ eros agree enter Into ar_formai,agreemena Irrli(sisfed? ." i .{ utlhzatitin sch%41e condi o. on execut ori o 'a contra' w t i�th Ci `.o o h ini�enuona andlo li i [e ofactis around f'©>~cbnsl eCatta is U• ndwresu g rhx y • k i!fir •v �t# sa bidbei er.�io sp5o res to bldspecificatio�sR. M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,Parker,Johnson,Collin,Dallas, Denton,Ellis,Kaufman and Rockwall counties. -�*�. ,y� i.• �rT�t� 9 e r�.as;, r,�,cr'�•� ��..: .. i �� �r`a's.t.�," - r;- vIdir tlf" h{ F eI: .e 1 reel o�su` contracting belQchpxuri nye a en> o prlm� rbSlQere tiel ,3.p�ly en 3i1 tr3t: @ 1 © 1 �r ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA),or the Texas Department of Transportation(TX DOT),highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). �f haiiliii �a t`re.sa:utilize` x' ; nl>a iaci11:13e;" ven credit as,lon as tli"�` iio "fates 3 userd-'ori:3t %,c ntrae` � # =e `an�ec� l�- �4 trlc ois I t wi otx� tecef cr= I e o { O,.. t rki t. FA nY`g ey i ti 47 , + h . •, v _ � ATTA CHM eNT 1R E Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and nGn-M/WBEs. Please Est M/WBE firms first,use additional sheets if necessary. Certification SUBCONTRACTORISUPPUER T (check oarnme) Company Name i N T Detail Detail Address e M W C Xr B B T D Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax R O E E 11 C T A 1�A�(t +� GAPt'rw L STo-a-M pawt l Pp. %O-A 83toet F60.T �..�oe.-t1�,Tx. :voiz-4 n SI�•��-3�coS dol DENa1R _ 9•t�-834-�-t�t Bu`lt±as.5 4fi0.4.tGf�i-S QAhyL1Z.1tq,plPs-S Avg E. 1� STa.as'-T Fop.T -N• 10111 i o0 al:.-335-SR SCI 313r- CMG tvtlsr"i1#:i�l�w�l Stwl. Zyoc N.E. SOXI ST. V'JLT \J�, 'N• -tt.111 ole %14-also-661 I ` 13, 333` ��,�-8lss-oto CHantta . Lime 1-Z aL o0 4m sT, Tx. 4U053 1 i its- uoS �S�� F4t►1 GE F�h�1 tom. �0 Dv� l7aoq�{ � �I} 2 - Z- _ l5 1 Rev.5/30103 ATTACHMENT 1A Page3of4 Primes are required to identify ALL subconhactors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary, CertHicafbn SUBCONTRACTOR/SUPPLIER T (check one) Company Name N T Detail Detail Address e M W C X Subcontracting Work Supplies Purchased Dollar Amount T D `I Telephone/Fax r B B E E R OC T ' A Pao 1-T'11-'& FIAt•-rar► G�Y1f TX A o_o X11 81 • "5-- lido T .x-cm-r 2334 5 PF-r4%1 SM. Sot rJ►T- 000 1P-vlNa,-N- -4s"01 � sEra t_ 5, 2c0� 9 fit-4119-32-9 0 9:k2.-44S-8907 °� Rev.5130YO3 + AITACHMENT"IA Page 4 of 4 n , 50 Total Dollar Amount of M/WBE Subcontractors/Suppliers $- 6Z.1 5&0 _. Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ In TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ lop �ti '1 ti © • tl�� �u�tll Arra 'y��`ie or n e _ �1�Isu 'i �iiatt o t o If -�� expl�a`nafion is no 'al � ec ance= �rimnatia � � By affixing a signature to this form,the Offeror fiuther agrees to provide,directly to the City upon request,complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books,records and files held by their company. The bidder agrees to allow the transmission of interviews with owners,principals, officers,employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the.actual work performed by the M/W/DBE(s)on this contract,by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. �EtLR.Y ��tr►itpP�¢So r� nth/oriza ' ature Printed Signature V1 Ge. b SMF— Title Contact Namerride(irdifferent) -�JTA�11..E �1-- ►�� 1NG . ���-54-4-we, 7—CA5 Company Name Telephone and/or Fax ?;0. a o*)9 �et•t-y,l�endet-sonE �t4d%�w%rirt.C>aN1 ,Address E-mail Address SA-C-%1AA\4 7-X 30 ` ZOC? o C"tatemp Date 'v Rev-5130/03 ATTACHMENT 1C Page t of 3 City of Fort Worth 01-�Q-fl6 P01 :28 OUT Good Faith Effort Form - PRIINE COMPANY NAME: Check applicable block to describe prime 5"ff-a 1LE.� '4,4 0 PROJECT NAME: I I tL MJWlDBE NON-tv[1W/DSE Z-CQ4 C P%Tta1_ Iw V1U%1"SW4TS Cps.l1"C7 5- BID DATE Saw 'Z*. Zooms City's NV"E Project Goak PROJECT NUMBER If the bidder's method of compliance with the MlWBE goal is based upon demonstration of a 'good faith effort" the bidder willhave the burden of correctly andaccurately preparing ng and submitting ng t he 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. k It t #orrt irk m entl , wt Supp n aiiidhtatlon,=and received bye ttie v Glt r b i ay afterbidiopbmng, excluslvedof !SNIP e_ .o�.,. P. Id spec iicatrons{ ; 1.).Please list each and every subcontracting and/or supplier opportunity) for the completion of this project,regardless of whether it is to be provided by a M/WBE or non-M/WBE. O NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 24 tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities i 6 R-�R. c.I�flE S�Gtr15 rn� �v�w►T 5EA1. �2osl ota CovA-rZ0 L \^)oa-v,, N r Re 05/30!03 ATTACHMENT IC Q '' w Page 2 of 3 2.) Obtain a essgat(not more than three(3)months old from the bid open date)list of M/WBE subcontractors and/oi sappitess from the City's M/WBE Office. W.-,yes Date of Listing I'D / Z-b /Zoos No 3.) Did you sanest bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calends da"s prior to bid opening by mail,exclusive of the day the bids are opened? _Yes (glmyaslach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No M141L,rr-rz� Dec. 2/ =05 4.) Did you sick bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendsdlays prior to bid opening by telephone,exclusive of the day the bids are opened? -Yes arsea,attach list to include name of M/WBE firm,person contacted,phone number and date and time of contact) No , Z Zoo S c nip�� e t,e c3 o a a'bedsedfor botli� 1£ani simile 'l EdMfAlaitW lc 't s °ovld' �e "datetlme;-fau number and .. - ••" -• - .t,.ma _ x b*Y+a :�r. a+ Na»z �.•R*ane B o paftleu, confracjrn he oriTlnlXltthi!�, ls`tern 10°;ogle thte 7 P •.. ., bldd t ieen lr, Its;to�be loco, ranee lth,qu lo.,n andx �1ist'of,M'1WB fora nk;,44. _ cuY st s p 1 o�iportubl ter (10}0 ma fh idcl rjudswcontact at•'te'as tvva� thl d at(il s e o a It u a tefl;t bev lr complia 5.) Did you in_JAe plans and specifications to potential N 1WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? yes two 6.) Submit decommatation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit;,include a detailed explanation of why the NI/WBE was rejected and any supporting documentation the bidder whWbes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide&r confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessary,and attach. Company tizme Telephon Contact Person Scope of Work Reason for e Rejection { CoWTowlr,l Riot-r1t>< 81�•t1�3-31Sa ToEY M&C" fiJA*,J• M%)l coats" hlor Lo 1,J 0/0 ev.05/30/03 II CHM -C� y ^, rr• &i TTA �T'T 5 T Page'3 ofJ �%ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. No 0T%tmL- M/WDM 'Qu 9,re t �Ea�E ��EG-tel V 1aA 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 Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. �>�T n S�¢Y 1-tEf�t�ER••so1•.� Aut,15prized Signature Printed Signature V1&E, 5&_EcMJUAr Title Contact Name and Title(if different) S"r Q"-E a- ` '�•l1"1J, 44C , AR-SL4-ZC66 $1'}-SLID-?sA16 Company Name Phone Number Fax Number P.0 • 60,o aerr4,6ender-so.n 2 5tck60&wLnn.csom Address EmaHAddress SA-C wJ4 U Ty . 304-9 '4 tA. 30. =06 City/State/Zip Date rRev.05130/03 i r r r r r t t i � Bid Proposal t r r r r r t s r PROPOSAL TO: City Manager,Fort Worth,Texas PROPOSAL FOR: the furnishing of all materials except materials specified to be furnished by the City,equipment and labor for the installation of pavement and drainage improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project identified as: Sealed proposals for the following: PAVING IMPROVEMENTS PREWETT ROAD (NORTH BEACH STREET TO SILVER SAGE DRIVE) PROJECT NUMBER(S): C200-541200-204400001883 • DOE NO.4571 In strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the Prices stated below. By submission of this PROPOSAL, each BIDDER certifies, and in the case of a joint PROPOSAL each party thereto certifies as to his own organization, that this PROPOSAL has been arrived at independently without consultation, communication, or agreement as to any matter relating to this PROPOSAL with any other BIDDER or with any other competitor. Bidder hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and fully complete the PROJECT within 120 working days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $250.00 for each consecutive calendar day thereafter as provided in the Transportation and Public Works Department Special Provisions. Pursuant to the foregoing "Notice to Bidders", the undersigned bidder having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for the Water Department Projects,the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Engineering of the City of Fort Worth,Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: 10 Prewett Road 1 of 6 Proposal DOE No.4571 p BID ITEMS Furnish and install,including all appurtenant work,complete in place,the following items; SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT NO. NO. QTY. WRITTEN IN WORDS PRICE BID SP 7 1 1 IS Utility Adjustment @ TEN THOUSAND Dollars $ 10.000 $ 10.000 and NO Cents per IS T/PW 2 2 EA Project designation sign @ Spec THREE HUNDRED Dollars $ 300.00 $ 600.00 Page 400 And NO Cents per EA SP 69 104 3 8775 SF Remove existing concrete driveways&sidewalks @ 00 00 SP 53 � Q- �'�1 EKE. Dollars $ — $ and 419 Cents per SF 104 4 2550 SF Remove existing Reinforced Concrete @ o^o 0911. Dollars $ $ and tae Cents per SF 312 5 28315 SF Remove existing HMAC @ M ao SP 47 O MlLR Dollars $ _ $ �•y 5 and A* Cents per SF 106 6 1550 CY Unclassified street excavation @ pa .., SP 41 $ jib $ Z}��00 r a>�T4tw� Dollars and 1,e Cents per CY t 114 7 95 CY Select fill material @ ago es SP 62 z 35 T" wraPW Dollars and Mo Cents per CY 210 8 5625 SY 6-inch lime-stabilized subgrade @ SP 50 TW O Dollars 010 ao and 110 Cents per SY $ Z $ k%•Z150 Prewett Road 2 of 6 Proposal DOE No.4571 :BID ITEMS SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT NO. NO. QTY. WRITTEN IN WORDS PRICE BID w_ yes 212 9 100 TON Lune for subgrade(30#/SY)@ $ $ 000 SP 50 Dollars q and t" Cents per TON 502 10 2675 LF 7-inch concrete curb @ ao o� $ 2- $ 3305 SP 44 TW O Dollars 9 and too Cents per LF 314 11 5475 SY 6-inch reinforced concrete pavement @ 1116 So SP 42 $ � $ TW f re" Twumia— Dollars and E.t kVg'Tf.11 w1 Cents per SY 504 12 6525 SF 6'concrete driveway @ o0 0o SP 56 SP 52 Dollars and Cents per SF 504 13 9000 SF 4-inch standard sidewalk SP 52 $ Fey¢— Dollars and 1ko Cents per SF SP 52 14 6 EA Sidewalk ramp @ pp $ T O. -e— �Ww aa&c- Dollars and NO Cents per EA 444 15 3 EA 10-ft curb inlet @ a vo SP 66 $ Z�4� $ Zoo 'rW0 1`7( (;aat l"0s.04;p, Dollars and Cents per EA 440 16 580 LF 24"RCP @ 00 SP 41 SE,V arAy - Dollars $ $ �4Z-34C) and AG Cents per LF Prewett Road 3 of 6 Proposal DOE No.4571 BID ITE VAS SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT NO. NO. QTY. NVRITTEN IN WORDS PRICE BID 444 V 7 2 EA 4"square storm drain manhole w/frame:and 00 b SP 41 cover @ ,1 $ 74.4W $ S4-00L TW1w" S8Yl� !yu►OURLD Dollars and AO Cents per EA 402 18 430 CY Trench Excavation and Backfill for Strom Drain @ W o0 SP 67 lC,W-t- Dollars $ g $ 3,.-LI-4-0 and 110 Cents per CY oo. � 340 19 580 LF Trench Safety for Storrs Drain @ $ Z. $ 11y0 'Two Dollars and tic Cents per LF SP 6 20 1 LS Storm water pollution protection plan @ � -SP68 $ s Tw0uyAH1> Dollars and !,e Cents per LS go oto SP 43 21 8930 LF Silicone sealant for joints @ $ � $ 13� 95 Qk f% Dollars and rNtr"C.( Cents per LF fur SP 61 22 6 EA Relocate existing brick mailbox @ �, po -_ $ 5W $ 3000 f%-41L E1waD9Aa Dollars and 46 Cents per EA SP 61 23 4 EA Relocate existing standard(non-brick)mailbox @ w. 00 $ 50 F•F't`t Dollars and Cents per EA SP 74 24 4 EA Water meter box adjustment to proposed grade @ THIRTY-FIVE Dollars and NO Cents per EA $ 35.00 $ 140.00 Prewett Road 4 of 6 Proposal DOE No.4571 BID ITEMS SPEC. ITEM APPROX UNITS DESCRIPTION OF ITEM WITH BID PRICES UNIT AMOUNT NO. NO. QTY. WRITTEN IN WORDS PRICE BID SP 41 25 5 EA Sanitary sewer&Storm Drain manhole adjustmetu $ 350.00 $ 1750.00 to proposed grade @ THREE HUNDRED-FIFTY Dollars and NO Cents per EA SP 72 26 6 EA Adjust Water Valve Box and Vault @ TWO HUNDRED Dollars $ 200.00 $ 1,200.00 and NO Cents per EA 502 27 40 LF Replace Exist Curb and Gutter @ SL Do SP 46 F'.F T Dollars $ I5 $ 600 and k�o Cents per LF 104 28 330 CY Topsoil,as directed by Engineer @ ELEVEN Dollars $ II_00 $ 3.630.00 and NO Cents per CY 4 5o TOTAL PAVING IMPROVEMENTS PREWETT ROAD 3' A°I O �. W 0 f 1, YEN. PO Prewett Road 5 of 6 Proposal DOE No.4571 PROPOSAL Within ten (10) days after acceptance of this proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth,as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the Standard Specifications for Street and Storm Drain Construction — City of Fort Worth, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. (Complete A or B below,as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of our principal place of business,are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of ,our principal place of business,are not required to underbid resident bidders. -�—( B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All Equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under house Bill 11, enacted August 15, 1992. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges contractor at the time of executing the contract. The Bidder agrees to begin construction within ten (10) working days after issue of the work order, and to complete the contract within one hundred twenty (120) working days after beginning construction as set forth in the written work order to be furnished by the Owner. I (we), acknowledged receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparing the foregoing bid: Addendum No. I(Initials) Respectively submitted, Addendum No. 2(Initials) Addendum No. 3 (Initials s?1F14\LE 4- W%MJ I PAC. Addendum No.4(Initials) By: Title:t�a? OEtnAT— Address: 8O W -938 O (SEAL) wl A )c I' Date: T Telephone: s Prewett oad ? � 6 of 6 Proposal DOE No.4571 i'' Vendors Compliance to State Law CITY 01,15, ERIPT R. " �Ivfx. TEX. VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the awards contracts to non- resident bidders. The law states that, in order to be awarded a contract as low bidder,non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks of Section A must be filled out by all out-of- state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state),our principal place of business,are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state),our principal place of business,are not required to underbid resident bidders. B.-%_Our principal place of business or corporate offices are in the State of Texas. BIDDER: Ac, By: Tr-..R.-I L.Y F4E.t�1DE-4,So�-- Company P.o. $o xSignature: Title: \11 c.*_ Pses1 r."T' City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Prewett Road 1 of 1 Vendor Compliance to State Law DOE No.4571 Ba SECTION -B- Units I: Water Department NO WORK THIS CONTRACT SECTION -C- Units IL Transportation[Public Works i Special Instruction to Bidders (TPW) r SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and ,. admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or requivA under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request, The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000,a Payment Bond shall be executed,in the amount of the •" contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall,be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES:Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. O (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the ON contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection.. WE (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. ,.. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. 9' (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the t" project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. + 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds, roof of insurance for Worker's Compensation and Comprehensive General Liability R 0(1, OQeach'person; # h t►ceurn _ ggcegat 1 wr. e. 250; 0 each +bed , The City reserves the right to request any other insurance coverages as may be required by each individual project. PW 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 10/27/04 2 WE on b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the FW respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. MR 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. vp e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. L City shall not be responsible for the direct payment of insurance premium costs for contractors 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. L In the course of the project,Contractor shall report,in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 10/27/04 3 This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary, The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual wortc performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal,State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 1 ., `AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the ziratiou of nineq--(90)days from the date the M/WBE UTILIZATION FORM,' PRIl4f>r 4� A 08 WAIVER FORM„GOOD FAITH EFFORT=FORM,and6i the JOINT EN' mgntation")asppiopnate is received by the City. Tfre award�cf contract,'if ihade,v rill be et l. days�ftec this documentation is received,but m rio.case will the award be anadet} µ#1�irctsibilty of the.bider to whom it is proposed to award the contract has been verified. 13. PAYMENT:The Contractor will receive full payment M3 us relainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the P° _' Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: "" 10/27/04 4 a• Certain of coverage("certificate'J.A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(T WCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as ** food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011,(44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. a„ 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. 1" e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known,of any + change that materially affects the provision of coverage of any person providing services on the project. 00 10/27/04 5 h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor (a) a certificate of coverage,prior to the other person beginning work on the project;and w• (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 cert r"~at,, of coverage ends during the duration of the project: (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the PP project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project„that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. "^` 10/27/04 6 k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission Hiles.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY:In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. "" 10/27/04 7 19. PROGRESS PAYMENTS,FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or a)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 10/27/04 8 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 • Form Builder-Structures $13.44 Form Setter-Paving&Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10. Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane,Clamshell, Backhoe, Derrick,Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY&less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller,Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic,Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 - Truck Driver-Winch $9.80 r Special Provisions to Street and Storm Drain 17 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Tate of Contenh 1. SCOPE OF WORK.....»..............................»....»»»...»................. ...........».........................»...»..».»......SP-4 2. AWARD OF CONTRACT....»..........................»............».............».......................»...».........................»SP-4E 3. PRECONSTRUCTION CONFERENCE...___.......................................».....................»..».......»».SPS 4. EXAMINATION OF SITE ....»»»........»....».............»..»...»..»...».»,...............»»........»......,..».».».....»..SP 4 5. BID SUBMITTAL...........»...........................»..................................»»..........».».. ...........................SP 5 6. WATER FOR CONSTRUCTION»..».............. 7. SANITARY FACILITIES FOR WORKMfiRS.................................».............».................»»...........».....SP 5 8. PAYMENT....................»..,.,.»...:..........................»....»......»...»»»................-...,,,.»»..,»,»„»..,,»..»»......SP 5 9. SUBSIDIARY WORK.--- .:..............».»...,...»».»».............,..».............»...».»........SP-5 10. LEGAL RELATIONS AND RESPONSIBII.TTIES TOTHE PUBUC...........».....».....................»....».»...........................».......»......»...».»»............».»».......5p'5 11. WAGE RAIM....«......»».....»»..».......»...............»».........................................»............... ......»..»»...»....SP 5 12. EXISTING M ......................................................:.......».»...............»........................».»............SP-5 13. PARKWAY CONST'RUCTION........:................................».............»......»»...»..............................»......SP 5 14. MATERIAL'STORAGE........»..............». .....,..SP S 15. PROTECTION OF EXISTING UTILITIES ANDIMPROVEMENTS..............N, ,.........»...........».»..»...................»»».»»...,......,...,............»..»....»...SP-6 16. INCREASE OR DECREASE IN QUANTITIES.,».».»....»........»»».»»»......»».»»».........................».»..SPS 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS........................».................................SP-6 18. EQUAL EMPLOYMENT PROVISIONS».»....»............................»......»..................,.».».......................SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)COMPLIANCE...»...»...................:.............»».»......................,»»........».....»...»...»..».........».SP 7 20. FINAL CLEAN UP...».... ....,...»»...».....»......»..»....»...»»...... .....»»..»».»»»...»....».»...........»...».»...SY-$ 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW»..»..».......,..»,»...................»..»....»».....................»............».»....».......»......».SP-8 22. SUBSTI' TIONS•..................................................................................................................................SP-11 23. MECHANICS AND MATERIALSMEN'S LIEN...................................................................................SP-11 24. WORK ORDER DELAY ........................................................................................................................SP-11 25. WORKING DAYS ....SP-11 26. RIGHT TO ABANDON ..................................................................... ...........SP-11 27. CONSTRUCTION SPECIFICATIONS ............................................»....................................................SP-11 28. MAINTENANCE STATEMENT .SP-11 29. DELAYS ..................................................................................................................................SP-11 30. DETOURS AND BARRICADES ...........................................................................................................SP-12 31. DISPOSAL OF SPOIUFILL MATERIAL .............»..................,...........................................................SP-12 32. QUALITY CONTROL TESTING ..........................................................................................................SP-12 33. PROPERTY ACCESS .............................................................................................................................SP-13 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES...............................................SP-13 35. WATER DEPARTMENT PRE-QUALIFICATIONS .............................................................................SP-13 36. RIGHT TO AUDIT ......,..................................................................».............,,.........I.....,...I—-..............SP-13 37. CONSTRUCTION STAKES......................_____.,................................................................................SP-14 F NEW WALKS AND DRIVEWAYS .. SP-14 38. O �9. ]Y WART�I sY0. ttM FOR w s Spm CONSTRUCTION ON:,WI �I1}AYS I.,......, 10/27/04 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Con safe CONSTRUCTION ITEMS: 41. PAY ITEM-UNCLASSIFIED STREET EXCAVATION....................................................................SP-15 42. PAY ITEM-6"REINFORCED CONCRETE PAVEMENT..................................................................SP-16 43. PAY ITEM-SILICONE JOINT SEALING.............................................................................................SP-16 44. PAY uEM-7"CONCRETE CURB.......................................................................................................SP-20 45. PAY ITEM-RETAINING WALL.....................,............................,...,.........,..,...,..,........... SP-20 46. PAY ITEM-REPLACE EXIST.CURB AND GUTTER..................... ..SP-20 47. PAY ITEM-HMAC TRANSITION...............................................................................................:......SP-20 48. PAY ITEM-G'PIPE SUBDRAIN..........................................................................................................SP-20 49. PAY ITEM-TRENCH SAFETY...................................................... ...................................................SP-20 50. PAY ITEM-8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION. .............................................I..........,-.., .,,,........,................I...........,,,SP-21 51. PAY ITEM-6"HMAC PAVEMENT(THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES) .SP-21 52. PAY ITEM-CONCRETE FLAT WORK(CURB,CURB&GUTTER,SIDEWALKS, LEADWALKS,WHEELCHAIR RAMPS AND DRIVEWAYS)......................................SP-22 53. PAY ITEM-REMOVE EXISTING CONCRETE SIDEWALK,DRIVEWAYS,STEPS, LEADWALKS AND WHEELCHAIR RAMPS.................................................................SP-22 54. PAY ITEM-REMOVE EXISTING CURB AND GUT TER...................................................................SP-22 55. PAY ITEM-REMOVE EXISTING CURB INLET................................................................................SP-22 56. PAY ITEM-6"REINFORCED CONCRETE DRIVEWAY..................................................................SP-23 57. PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS.......................................................SP-23 58. PAY ITEM-4'STANDARD CONCRETE SIDEWALK,LEADWALK AND WHEELCHAIRRAMP....................................................................................................SP-23 59. PAY ITEM-REMOVE AND REPLACE FENCE...................................... ..SP-23 .......................................... 60. PAY ITEM-STANDARD 7"CURB AND 18"GUTT'I3tt.......................................................................SP-24 61. PAY ITEM-REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS...........................SP-24 62. PAY ITEM-BORROW............................................................................................ .SP-24 ................... 63. PAY ITEM-CEMENT STABILIZATION.............................................................................................SP-24 64. PAY ITEM-CEMENT ...........................................................................................................................SP-24 65. PAY ITEM-NEW 7"CONCRETE VALLEY GUI rUL.......................................................................SP-24 i` 66. PAY ITEM-STORM DRAIN INLETS........................................,.........................»...............,................SP-25 67. PAY ITEM-TRENCH EXCAVATION AND BACKFILL FORSTORM DRAIN.........................................................................................................SP-25 68. PAY ITEM-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE) 69. PRE BID ITEM-PROJECT DESIGNATION SIGN..............................................................................SP-27 70. PRE BID ITEM-UTILITY ADJUSTMENT..........................................................................................SP-27 71. PRE BID ITEM-TOP SOR......................................................................................................................SP-27 72. PRE BID ITEM-ADJUST WATER VALVE BOX...............................................................................SP-28 73. PRE BID ITEM-MANHOLE ADJUSTMENT......................................................................................SP-28 74. PRE BID ITEM-ADJUST WATER METER BOX...............................................................................SP-28 75. NON-PAY ITEM-CLEARING AND GRUBBING...............................................................................SP-28 J 76. NON-PAY ITEM- SPRINKLING FOR DUSTCONTROL...................................................................SP-28 77. NON-PAY ITEM-PROTECTION OF TREES,PLANTS AND SOEL S................................................SP-28 .• 78. NON-PAY ITEM-CONCRETE COLORED SURFACE ......................................................................SP-29 IbMT104 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table qfCo rds 79. NON-PAY ITEM-PROJECT CLEAN-UP............................................................»...............................SP-29 80. NON-PAY ITEM-PROJECT 9CW DULE....................................................................................»......SP-29 81. NON-PAY ITEM-NOTIFICATION OF RESIDEN S.......„.................................................................SP-29 82. NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-29 83. NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING.......................................SP-30 84. NON-PAY ITEM-WASHED ROCK.....................................................................................................SP-30 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE..................................................................SP-30 �. 86. NON-PAY ITEM- LOCATION AND EXPOSURE OF MANHOLES ANDWATER VALVES....................................................................I...................SP-30 87. NON-PAY ITEM-TIE-IN INTO STORM DRAIN STRUCTURE......................................................:SP-31 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT.....................................................................SP-31 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-31 90; NON PAY ITEM-TEMpM-',YEROSIoR,,a lr fmAND W 'POLLi1TIOl� CONTROL(FOR DISTURBED AREAS 3`IiAN 1 rA }. „ I w 91. NON WORN' ......................... TRAFFIC CONTROL 10121r04 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: PAVING RECONSTRUCTION: D.O.E.NO. 4571 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Reconstruction of Prewett Road,from Beach Street to Silver Saae Drive and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: SubmissiorV of Bids:Unit 1, andAlnit II constitute a package<.If the Contractor submits a bid on both"Unit 1 and�Unit II anti tias the lowest"responsive proposal price;, the Contractor will be the apparent successful bidder for this'project. The'Contractor cart bid either the HMAC alternate an&orthe Concrete altemate. The additive"alternate must be included In any bid: Bidders are herebyinformed that the "°'�'!'' ". reserves the right to evaluate and recommend to the City Council the best is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer,and Cd-_ shall meet at the call of the .6 for a preconstruction conference before any of 0 work begins on this project. At this time,details of sequencing of the work,contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting,the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final ► composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used berein$ the term"`Engineer"shall mean the desrgrf a gfrioer whoprepa, and sealed the pians,specif`icattons and contract 4oqpMe!1;s,f6 thJs,,prd*e9t. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to • methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual rise to later contingencies should be brought to the attention of the On prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped �.. including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate,detach or remove any portion,segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining 10/27/04 SP-4 contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids as appropriate and as determined by the 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR E The Contractor shall provide all necessary conveniences for the use of at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects,such as conditions imposed by the Pians,the General Contract Documents or these special Contract Documents,in which no specific item for bid has been provided for in the Proposal,shall be considered as a subsidiary item or work,the cost of which shall be included in the price bid in the Proposal for each bid itemmuffiam. I $� All objectionable matter required to be removed Qom'within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7,"Le al Relations and Responsibilities to the Public"of the 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth,Texas, in accordance with statutory requirements,as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility a due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess a excavation will be disposed of at locations approved by the Fit .� � . r�;� 13 ( Wineeri'" 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Eoi,ftacti%r has obtained permission from the property 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The't frmA shall take adequate measures to protect all existing structures, improvements and utilities,which - 10/27104 SP-5 OFFICIAL REC VAN MW encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent,location and depth,they are shown on the plans as the best information available at the time of design,from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No add itionalcompensation shall be paid to Contractor for-errors in the quantities. Feat payrnent;will be;based upon field,Oeasurements.. The City reserves tf?e right to After the quantities of the work.to be performed or to extend or shorten the improvements at any time-when and as found to be necessary';and tf"'"Contractor shall;perform the work as altered, increased"or decreased at the unit prices as established in'the contract documents. No allowance will be;made tor-any changes in anticipated profits or shall suchchanges be considered as.waiving or invalidating any conditions,ofkovistQas f tfie+Contract_Docurnerits. Variations in quarititiQs_of storma(ain pipes in depth categories shall be.interpreted herein.as applying to the'overail-quantifies'0,§t drain pipe in each pipe size,but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer anti Architect,and their personnel at the p"j site for Coo�tractgi's sole'negligeridd In-addition, Contractor''n—ants and agrees to indernhif_y, rold fiarmlesa and defend,-at its own expense,the Citar,its officers,sena-nts'a'emp(oyges,from_and a inst ,.y and:all claims or suits#or property oss;property damage, personal'injury, including death,arsig out qf,or.al[egied to arise out of,the work and services to be`perforrvierJ hereunder by r;aritractol, its officers;a ants,employ@es,subcontractors,`licensees or invitees, whether or not any'lkic'r ;. , injury,dam ge or death s caused,'in whole or in part,by the negligence or alleged �,. negligence 0 City, its offkers,.servants,or employees. Contractor likewise covenants and agrees to'indemnify and hald harmless the Crtyfrom,and against any and all injuries to City's officers,servants and dmoloyees'andany damage;°loss or destruction'to propertyof the City arising from the Oerformance,of any.of�the terms-abd conditions of 4his Contract, whether or not any Such inl y fuyigr,, #mage is�caused in whole or in paif by#he:negligence or alleged negligence of City,'ifs-officers,servants or 14, employees. In the event_Ctty eceiye 'writtenclaim for damages,aga'inst a Contractor or its subcontractors prior to final.pay,nJ'e' ''a t } II nottbe made'until`Contra for either(a)submits to City satisfactoryJeiridence a, 1. _n settle s andlor a release firom the claimant involved, or(b)provides City with"a.etter=#cotm Contractor's liability insurance carrier that the claim has been referred to the insurance,can ier. Thebirector jnay, if deemed a0pr0priate,1ref4se to'accepi bids on other City of Fort Worth public WirorK from a;Contw•actor:'against atom a claim for damage"s is outstanding as' result of work performed rtndera,CiContract 18. EQUAL EMPLOYMENT PROVISIONS; Contractor shall comply with City Ordinance Number 7278 "y as amended by City Ordinance Number 7400(Fort Worth City Code Sections 13-A-21 through 12- A-29)prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site,and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 10/27/04 SP-6 OW 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. IOM the ty has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM,as applicable,must be submitted within fine(5)city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts(other than a negligent misrepresentation)and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state, or local laws or ordinances relating to false statement. Further,any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance,or to demonstrate good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor'shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s)must be certified by either the North Central Texas Regional Certification Agency(NCTRCA)or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine(9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: OW 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid,and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces,the Contractor shall notify the City before subcontracts or purchase orders are 012?/04 SP-7 let,and shall be required to comply with modifications to goals as determined by the City,and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10)days after final payment from the City,the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and utter has been g .6'te+d. No more than seven days shall elapse after completion of construction before the roadway and R.OW.is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in.an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage(Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81,TWCC- 82,TWCC-83,OR TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcoptractor° in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation,independent Contractors,subcontractors, leasing companies, motor carriers,affisMal employees of any such entity,or employees of any entity which fumishes persons to provide services on the project. 'Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other services related to a project. 'Services" does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)or all employees of the Contractor providing services on the project,for the duration of the project. $W/04 SP-8 c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the TM. current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; F- (4) obtain form each other person with whom it contracts,and provide to the Contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and 1b 7164 SP-9 (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or,in the case of a self- insured,with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative,criminal,civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing,hauling,or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of qua!44hat the City believes necessary to procure a satisfactory project. No substitutions will be permitted 10'2710 SP-10 until the Contractor has received written permission of the Engineer to make a substitution for the has been specified. the term"or equal",or"or approved equal"is used, it is understood that if a material, product,or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term"or equal",or"approved equal"is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However,the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer,as the representative of the City,shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions"shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the "® Contractor.any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2nd Floor,Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineef. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both,for a period of two(2)years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. 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 df7l04 SP-11 cXrdV'6Ab 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. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,"Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with 01980 Texas Manual on Uniform Traffic Control Devices, Vol. No. I." WN 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort �• Worth's Flood Plain Administrator("Administrator"),of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies,shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering,Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish,at its own expense,certifications by a private laboratory for all ''® materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way tQ0104 SP-12 relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven Inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers,de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. • (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). �. 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal TM/04 SP-13 working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further,that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested b the City b §Og", otractorfcIhMii1111 ..�a,W of ttie titheAim- OMMOM 37. CONSTRUCTION STAKES: The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of RIM stakes shall be set for all utility construction(water, sanitary sewer,drainage, etc.),one set of excavation/or stabilization stakes,and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain,transfer,etc.,all stakes fumish until completion of the construction phase of the project for which they were furnished. If,in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost,destroyed, or disturbed,that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place,then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted,and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the.essence in the completionl this contract. 1n order to insure that the Contractor-is responsive when notified of unsatisfactpry performance andfor of failure to maintain the contract schedule_, the following process shall be applicable: he work progress on all construction projects will be closely monitored.Ort a bi-monthly basis the percentage int work completed will.be'compared to the percentage pf time charged to the contract. If the'amoun of�ivoik performed by the`Contractor'is less than the percentage'of timerallowedt 2ko_ or mor'Wjexampte 10°d�oft ie work.completed in 30 0 of the staffed contract time,as may;69 amended by change order),;the following proactive measures will betaken: 1. Aa le ter will,b; ri�ailecl to::tlie Contractor by certified;'mall, return,receipt requested demanding that, within 10 days from the date; er is receivgd it provide sufficient_equipment, materials and labor to ensure completion of-the work,wtthin;the contract time. In the event'jhe`tontract®r receives.,such'a tetter,the Contractor,shall 10%27`ifl4 SP-14 pro oto >he.Gita an updated schedule;shoving Flow the pralectnrifi.be completed Wit'Wi e'contract time. 2- The Project Manager and the Directors of the Department of Engineering, Watar Department, and Department of Transportation and0,ub� forks 11 be f'nade,aware of-the situation. If necessary,the Cityy ,{, anagee1S_0ffice and t e appropnate:city council members may also be informed.. 3_ Anj notice that may, in the City's sole discretion, b6`,required t _'156 roved id tg interested individuals will distributeid=by;.the_,Engrnee�rYg Department's Ptitilio lnformation.Officer. 4. tWri receipt of the Contrac for sa response; the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer Will, if necessary, then forward-updates notices#pithe.inte ested individuals. 5. If th,a `,,+Contractor, fails to provide '-an acceptable schedule --+,r tails to perform satursfactorily a second time-;prior to the completion of the contract;• the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor-'shall be required to observe the'following guidelines relating to working on City construction sites on days desi.gnated'as"AIR.POLLUTION WATCH DAYS". Typicaily, the OZONE SEASON, within the.Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.rp. 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 {duality (T EO), in coordinatiori,,with,,,Jhe NAtianai Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on tie aftemoon: inor,to the WATCH day. On.designated Air Pollution Watch Days;the Contractor.shall bearthe*,esponsrbirit' of being aware1hat such days,havd:.been designated Air Pollution Watch Days and assuch shall not begin work until 10:00 a.m. Whenever construction,phasing regwres the use of motorized equipment for periods �n''excess of 1 hour: However;the Cogtractor majrbegin-Work!,prior to'10;00 a.m.if use of motorized equipment:is less than 1 flour,orifi equipment is.neW and certified by EPA F' as "l-6w,Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or altemativefuels such as CNG. if the Contractor is unable to perform continuous work for a period of at 1pastIeven hours between the'hours of 7:00 a rn _.6:00 p:m:, on a designated Air Pollution W. Atch Day,--,that`day will be considered aaawweather day and added onto the allowable weather.cfays ofa=given month. CONSTRUCTION 41. PAY ITEM- UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. r 10127/04 SP-15 The intention of the pity is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM- 6"REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314"Concrete Pavement,"shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage,the following policy will apply. (1) When the crack is minor and due to shrinkage(cosmetic),then no further treatment will be needed. (2) If the crack is due to distress (structural),the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed e: ccept if approved by the Construction Engineer. 43. PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1,October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001 543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year #0/,27104 SP-16 demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self-leveling silicone joint sealant as manufactured by Dow Coming Corporation,Midland, MI 48686-0994,or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content,%min. 96 to 99 MIL-S-8802 Extrusion Rate,grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time,minutes max. 60 **** Cure Time,days 14 to 21 **`* Full Adhesion,days 14 to 21 Mme. AS CURED-AFTER ASTM D 412, Die C Mod. Elongation,%min. 1400 ASTM D 3583 Modulus @ 150%Elongation,psi max. 9 *' (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete,% Elongation min. 600 *^ (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt,%Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail"sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail"sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints,the initial 1/4 inch width"green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly 10"04 SP-17 saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned,and the joint sealant installed. During the application of the joint sealant,the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump:The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors:The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump:The output shall be capable of supplying a sufficient vola sealant to the joint. 4.6 Injection Tool:This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster:The design shall be for commercial use with air compressors as specified in Paragraph 5.4. *" 4.8 Backer Rod Roller and Tooling Instrument:These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General:The joint reservoir saw cutting,cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on the"Construction Detail"sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, 10/27/04 SP-18 October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sandblast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting,the joints shall be blown-out using compressed air. The blow tube shall fit into the joints.. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open,cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 4OF(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be'removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for fMrs after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as *" provided in"MEASUREMENT"for"SILICONE JOINT SEALING",which price of shall be full compensation for furnishing all materials and for all preparation,delivery, and application of those sealing materials and for all labor, equipment,tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans ,t647f04 SP-19 and these specifications. 44. PAY ITEM- 7"CONCRETE CURB: The Contractor may,at his option,construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30)minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7)calendar days of pouring the curb and gutter,the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45. PAY ITEM - RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall appy except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk"where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. PAY ITEM-REPLACE EXIST. CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in-the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for this pay item are - approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the Pr000sal will be full payment for materials including all labor, equipment, tools and incidentals necessG. complete the work. 47. PAY ITEM-HMAC TRANSITION: - This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 48. PAY ITEM- -8"PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49. PAY ITEM- TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop,design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. �0(?71044 SP-20 The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S.Department of Labor,shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition,comply with all other applicable Federal, State and local rules, regulations and ordinances. " Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for fumishing design,materials,tools,labor,equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 56. PAY ITEM 8"TI41CK AIME STABILIZED SUBGRADE&CEMENT FOR SUBGRADE STABILIZATION: See Standard Spedificatiori Jtem No.210, "Lime Treatment"(Matedal Manipulation)"and Specification Item:No.212;"Hydrated 1 ime and Ljme Slu[ry'for specifications governing this item: Quantities for this pAy Hem a approximate and are given only to establish a,unit price for the work., The.price bid per square yard for"6"THICK-LIME STABILIZED SUBGRADE"as shown inti the Proposal will be full:payment for,.�Q labor,equipment,=tools and incidentals'necessary to complete the work. The price bid per-ton for"LAME FOR SUBGRADE STABILIZATION"as shown in the I'roposaf tfvlll be full ry. payment for materfat-",p scary to complete the-work. 51.PAY.ITEM= ,?KjU.k0.-PAVEMENT(Thickness Tolerances and HMAC Testing Procedure:.,. The base course be a 3"deep hype"T.courseplaced in one lift. The surface course shall be a 3"deep Typq"D'",� O's��taced in ogle lift. All provisions of Standard Specification No. 312.7 `Construction Tolerance` shall apply except as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined'by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than '/2 of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1)found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 1JJ/ 04 SP-21 6) HMAC Testing Procedure: w The Contractor is required to submit a Mix Design for both Type"B"and"D"asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two(2)years old. Upon submittal of the design mix a Marshal(Proctor)will be calculated, if one has not been previously calculated,for the use during density testing. For type"B"asphalt a maximum of 20%rap may be used. No Rap may be used in type"D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor)the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory,through the inspector,at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattem that will provide the required densities. The required Density for Type"B"and for Type"D"asphalt will be 91%of the calculated Marshal(proctor). A Troxier Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established,densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type"B"and"D"asphalt. Densities on type"B" must be done before Type"D"asphalt is applied. Cores to determine thickness of Type"B"asphalt must be taken before Type"D"asphalt is applied. Upon completion of the application of Type"D"asphalt additional cores must be taken to determine the applied thickness. 52. PAY ITEM- CONCRETE FLAT WORK(CURB.CURB&GUTTER. SIDEWALKS. LEADVV,-'LK , WHEELCHAIR_RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb,curb and gutter,sidewalks,leadwalks,wheelchair ramps and driveways as shown in the plans.This provision governs the sequence of work related to concrete, flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed,which includes backfilling and finished grading. 53. PAY ITEM—REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS. LEADWALKS " AND WHEELCHAIR RAMPS: This item includes removal of existing concrete sidewalks,driveways,steps,leadwalks and wheelchair .a ramps at location shown on the plans or as designed by the Engineer. See Item No. 104"Removing Old Concrete",for Specifications governing this item. 54. PAY ITEM—REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer,existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter,laydown curb removed, and for all labor, tools,and incidentals necessary to complete the job. 55. PAY ITEM—REMOVE EXISTING CURB INLET: This item shall include all labor, materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. P, 40/2 /04 SP-22 56.:PAYnITEMI—.',e.T 3fCf EtNFORCED CONCRETE DRIVEWAY: See Standard Spec'il1cation Item No.504, Concrete Sidewalks and Driveways'"for specifications Soyer`Rin,_t►Is rt rf' s:�dtails S=S5 and �-S5A. The price bid.per.square foottfor"6"THICK REINFORCED CONCRETE DRIVEWAY"as shown in.the Proposal.,will be full paymerit for materials-incluq ng°att laborequipment;tools and trtcid rid,4 necessity fo corpplete the work. 57- t PSAVff EUIIJ ��i!E AND COONSTRL CT CONC iETP-'.qTtP,S: See Standard Specification n Item No. 516 "Concrete Steps'for sp ifw IoieV-erning~thts�it6rn as well as details SM-3. The price;bid.peryeach for"REMOVE CONCRETE$TSPS"and"CONSTRUCT,CONCRETE STEPS" as shownIn—the Proposal willbe full paymenoot materials including all labor, equipment,tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58. PAY ITEM—4'STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP: PW All applicable provisions of standard Specifications Item 104"Removing Old Concrete"and Item 504 "Concrete Sidewalk Driveways"shall apply except as herein modified. .P The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign,street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking DivW1,- TPW ( ,W$0ftVj All concrete flared surfaces shall be colored with LITHOCH ROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer,meeting the aforementioned specification. The sample, upon approval by the Engineer,shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen,sifter,sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM—REMOVE AND REPLACE FENCE: M This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way,or superior,to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence,and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. OFF 60. PAY ITEM—STANDARD 7"CURB AND 18"GUTTER: i t)%27/Q�t SP-23 All provisions of Standard Specification No. 502`Concrete Curb and Gutter'shall apply except as *� modified herein: Subsidiary to the unit price bid per linear foot shall be the following: a. A minimum of 5"or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. b. If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7)calendar days of pouring the curb and gutter,the amount paid for the curb and gutter shall be reduced by 25%until the backfill operation is complete. Standard Specifications Item No. 502,shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand(3,000) pounds per square inch in twenty-eight(28) days. The quantity of mixing water shall not exceed seven (7)gallons per sack(94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3)inches. A minimum cement content of five(5)sacks of cement per cubic yard of concrete is required. 61. PAY ITEM—REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls,flowerbed trim and miscellaneous items within the right of way which may be damaged or removed during ,. construction. When possible,the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply. 62. PAY ITEM—BORROW: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter as shown on the proposal and will be full compensation for the removal and disposition of the curb,curb and gutter, laydown curb removed,and for all labor,tools,and incidentals necessary to complete the job. 63. PAY ITEM--CEMENT STABILZATION: All applicable provisions of Item 214,`Portland Cement Treatment shall apply. 64. PAY ITEM—CEMENT: All applicable provisions of Item 214, `Portland Cement Treatment shall apply. 65. PAY ITEM—NEW 7"CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to " install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. O■ 10127404 SP-24 P" r See standard specification Item No. 3140, Concrete Pavement", .Item 312 'Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, 'Unclassified Street Excavation" Item No. 208 "Flexible Base.' Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5' non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314"Concrete Pavement'. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per r square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic.Work shall be completed on each half within seven (7)calendar days. 66. PAY ITEM—STORM DRAIN INLETS: An alternative method of construction for these items will be"Pre-Cast"manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets"and said construction shall be in compliance with all other requirements of Item 444 where applicable. 67. PAY ITEM—TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area. Payment will be made for the quantity of earth excavated/backfilled. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, out not limited to: rocks,concrete, asphalt,debris,etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the"unit prices. p 68. PAY ITEM-STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity)or five or more acres of total land (Large Construction Activity).The Contractor is defined as an"operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwpert/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are �. construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs.The methods of control shall result in minimum sediment retention of not less than 700/6. ' NOTICE OF INTENT (NOW If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water ,0/27704 SP-25 F r discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site.The NOI shall be submitted to the TCEQ at least 48 hours rprior to the Contractor moving on site and shall include the required$100 appkation fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 4 P.O. Box 13087 Austin,TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management r 5000 MLK Freeway Fort Worth,TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. ow The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water&General Permils Team; MC-228 P.O. Box 13087 Austin,TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of t�: project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents. The Contractor shall submit a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP. Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the IIp Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and pasted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures 10/27/04 SP-26 necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECI,A PROVISION.A - 40 SHALL BE APPLICABLE. 69. PRE BID ITEM - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3': fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, fumishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. I The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM- UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the"Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. PRE BID ITEM- TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) " over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume - (full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. 10/27/04 SP-27 Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 72. PRE BID ITEM - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade.The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 73. PRE BID ITEM- MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No.450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 74. PRE BID ITEM - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes,which are within 0.1'*of specified parkway grade. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control"shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM-PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 78. NON-PAY ITEM- CONCRETE COLORED SURFACE: :10127/04 SP-28 PkI Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. *� The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM- PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary,clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. �,► 80. NON-PAY ITEM- PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up,and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not-been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM - NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement,the Contractor shall notify residents,in writing,at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 82. NON-PAY ITEM- PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction.The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area.The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's rp ,ti01^a7/04 SP-29 r IF foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number.A sample of the'pre-construction notification'flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition,a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. *^ All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON-PAY ITEM —PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector,and project manager shall meet with all affected residents and present the projected 00 schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM- WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shalt washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size %Retained 1" 0-10 1/2" 40-75 3/8" 55-90 PRO #4 90-100 #8 95-100 Los Angeles Abrasion Test:50%Maximum wear per A.S.T.M. Designation C-131. 85. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C.is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM— LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer(if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2)working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. RIP It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed(within the same day)the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817) 338-6275 "Hot Line" 10�7104 SP-30 Texas Utilities (817) 336-9411 ext.2121 Mr.Roy Kruger Lone Star (817)336-8381 ext.372 Mr.Jim Bennett Of course, under the terms of this contract,the Contractor shall complete adjustment of the storm drain and Water Department facilities,one traffic lane at a time within five (5)working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials,equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM—TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. 88. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 89. NON PAY ITEM- FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect. In addition,a separate fee for re-inspections for parkway construction,such as driveways,sidewalks,etc.,will be required. The fees are as follows: The street permit fee is$5WO per permit with payment due at the time of permit application_ A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary r„, to the contract cost and no additional compensation shall be made. a r - A. DESCRIPTION; Tf�is=item shall consist of temporary soil erosion sediment and water pollution control measures deemed r1, 4i-i" : ' contract ecessary by thelrngineer for the duration of,the These control measures shall at d time be.;used as a substitute for the permanent control measure uhleSS otherwise directed.by:the engineer and theyshall not include measures taken by tfae',CONTRACTOR`to control conditions created by his construction operations. The'temp6rarym6a6breS shall Include'dikes, dames,bemis,sediment basins,fiber.mats;jute stetting,temporaryseeding,straw mulch,asphalt mulch,plastic liners,rubble,liners, baled-hay retards,dikes, slope drains and other devices. B. CONSTRUCTION I QUtl3MENT$ The'Engmeer fia's the authority to define erodible earth and the'authority'to limit&`Audace are of erodible-earth malei'ial exposed by prepanng right-of-way, cl'earing'and grubbing,the surface area of erodible-earth materiaf.exposed by excavation, borrow and to direct the.GONTRACTOA#o pr4vide temporary poliufi0 contr6j,-measuies to prevent contamination of:adjacent streams,other water course,lakes,ponds OrQtherareas or water impour C meet. Such work may involve the construction°of;;tempairraryeriitskes ifairis,=sedirrien#basins, slope drains and use'of tempora"ry mulches; at seeding or tither ntrol devices&,methods directed by the Engineer asnecessary to control soil erosion TempoPary pollution-control;`measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features;bat are not associated with Peirmanent'control features on the project. The Engineer wiildimit the area of preparing right-of-way,clearing and grubbing,excavation and borrow to 1 M7/04 SP-31 ropott coital to the Q VTRACTEJl3'S papabilit�r gng,progressin keeping the finish grading, mulching,seeding,and other such permarientpollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such'limitations unrealistic, temporary soil- erogion carttrol measures shall be performed as directed by the Engineer- I.- nrgineer.a. `Waste er disposal a*as0*construction roads shall.be located and constructed in a rnann r Ih t will minimize the amount of sediment entering streams. 2. Frequsnf fordings,of live streams will not be permitted;therefore,temporary bridge sor other structuresshall be'used'whereversn,appreciable nurrhbbr of stream crossing are necessa!y. Unless otherwise approved in writing by the Engineer.,mechanized equipment shall not be operated in live streams. 3: When work areas or material sources are located in or adjacent.to liv6streams, such Deas shall be separated from:the stream by a dike or other barrier to keep sedirn t t from entering a`flowing stream,. 'Care shall be#aken during the construction and removal of such barriers to minimize.the muddying of a stream. 4. All viatervrays shall be cleared as soon as Ipraotieable of false work,'piling,debris or other obstraJctions placed during com3tructicn operations t 1. are not part'ofAhe linisned woik. 5.' The Gon. actor shall take suff iaent precautions to preventpollution of streams, lakes and reservoirs with fuels,oils,Bitumens,calcium chloride or other_ harmful materials.He shall conduct and schedule his operati6ns so as to avoid or minirnze siltation of streams,takes,and reservoirs and to avoid interference with motreri ent of in gratQry is E.µ UBMITTA►t _ i lie st o #h{e a !cab a construction the Contractor shall submit for pp l , approval hts sche` Iue _ rrfpst of nd erosio4`cantrolin►ortC and his plan to keep-ttie area of erodible-earth material to a minimum. He_shall also submit for acceptance his proposed method of soil-erosion control on:construction and haul Toads and material sources and his plan for disposal of waste ritaterials. No work shall be started until the soil erosion control schedules and methods of operations'have beon reviewed and approved by the Engineer. F. MEASUREMENT A- ND"PAYMENT; 11 work, materials and equipment necessary to provide temporary erosion control ataall be considered subsidiary:to the contract and no extra pay will be given for_#his work: 91. NON PAY ITEM -TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior`to starting work. As part of the "Street Use Permit" a traffic control plan is required. The pontractor shall be_ respori§ible'for providing traffic control during the constrntction.of this pro'ect consistent '1Mth.. the provisions suet forth in ;the,"Latest Edition Texas ItAanuat>arl.Unifel lip' Traffic Cont Ql ?evtces,; or-Street .and�f-li�hways" Issued_under the authority of.the"Stafbf Texas Uniform Act Regulating Traffic-on Higtiways;":codified.as Article 6701d Wmon's',Civil Statutes, pertinent sections being Section Nos.27, 29, 30 and 31. A traffic control pilolThali pe submitted for review to Mr.Charles R. Burkett, CityTraffic Engineer at W6 . r_ : -. (81`7)392x$712;at the pre-ooi�structian confer-ence. Although work will not.begin"until the traffic control plan has'been reviewed,#h e:Contractor's time begin,in accordance with the time frame established it:the-Noti6e to the Contractor. 1,0!27/044 SP-32 The Contractor will nat"re` oye any regulatory sign,;n" rui Tonal sign,street name sign or othersign; which has been erected by the City. If it is determined that:a sign must be removed,to permit required Construction,the Contractor shall contact tti4Transpo."f on and Public Works Qepartme t,-Signs and Markirigs'13ivis ogfi Phone Number 871 7738 to=rens i the sign. In the case o ;reguiat©ry signs;the Contractor-racist repla&JIlie permanent sjgn,-with a temporary sign meeting,hQ requirements of the above-referenced.manuai and such temporary-s!gn'dust' a installed prio to the_removal of the permanent sign. if the temporary sign is not installed correctly or if it doesnotmeet the required specifications,the permanent sign shall be left in place until the temporary^sign requirements are met. When construction work-is completed-to the extent'that the permanent sign,can be reinstalled,the Contractor.sliall:again cantaet the Signs and'Markinas Division to;reinstallahe permanent sign and shall leave his-teQ'o_ ys gn in place unfit such reinstallation is completed. Work shalt not be performed 'on certain 1pcAtionststreets during "peak traffic periods" as determination by the CityTrafc Engineer and in accordance with the applicable provision of they ity:' of Fort W�ortt � affic_tgntrot Hgndbook Jor-C6hstruction.And .Maintenance Work 0012PO4 SP-33 POW (To be printed on Contractor's Letterhead) ow Date: PF DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street: days 4 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDEN >AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. r foj?evb4 SP-34 r SECTION -D- Units I & H: Water Department & Transportation / Public Works General Construction Notes None Loom AL CA M/DD/YYYYJ ORD, T4/4/2006 CERTIFICATE OF LIABILITY INSURANCE PRODUCER (817)336-8520 FAX (817)336-6501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tucker Agency, Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76113 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Amerisure Insurance Co. STABILE & WINN, INC INSURER B: PO BOX 79380 INSURER C: INSURER D: SAGINAW TX 76179-0380 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'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY CPP20302520002 6/28/05 6/28/06 EACH OCCURRENCE $ 1,000,000 X COM MERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ CLAIMS MADE ❑X OCCUR MED EXP(Any one person) $ 1010-00 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,00 0,000 POLICY X PR& LOC A AUTOMOBILE LIABILITY CA20302510002 6/28/05 6/28/06 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CU20302530002 6/28/05 6/28/06 EACH OCCURRENCE $ 2.000.000 X OCCUR F_ICLAIMSMADE AGGREGATE $ 2,000,000 $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC20302550001 6/28/05 6/28/06 X WCSTMIT R E EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ 1.000.000 If yes,describe under r SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 OTHER 7 n DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project C200-204400001883 Pavement Reconstruction for a Portion of Prewett Road -- City of Fort Worth is additional insured if required by contract. Waiver of subrogation in favor of City of Fort Worth if required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL " Contract Administrator 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 1000 Throckmorton Street FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Fort Worth, TX 76102 INSURER,ITS AGENTS OR REPRESENTATIVES. n AUTHORIZED REPRESENTATIVE obin Tucker/CS ACORD 25(2001/08) ' `d`AJORD CORPORATION 1988 INS025(0108).05 ELECTRONIC LASER FORMS,INC.-(800)327-0545 e Page 1 of 2 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it ' provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No 4571 and City of Fort Worth Project No. 00018. CONTRACTOR Stable &Winn, Inc, By: Name: :Tt:¢Q'f 11ENDER.��+J Title: V.LE Date: STATE OF TEXAS § § COUNTY OF TA#RRANT § Before fie, -the undersigned authority, on this day personally appeared Z7je-& �-� . 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 Stable & Win-n, Inc, for the purposes and consideration therein expressed and in the capacity therein stated. LIAR 2 8 Given Under My Hand and Seal of Office this /3tN day of 20 o Notary Public in 6d for the State of Texas ALVA r,LLL rE'tiw Notary Ft:' 'r.c STATE 01 TEXAS l4y comm. Exp. ,.,'Sr . �. Bond #PRF08809446 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Colonial American Casualty That we (1) Stable & Winn, Inc, as Principal herein, and (2) and Surety Company , a corporation organized under the laws of the State of(3)Maryland ,and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein,in the sum of: Three Hundred Eight Four Thoursend,One Hundred Ninety .........................................................................................................................................................100/.50 ($$384.190.50....................)Dollars for the payment of which sum we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the of 2006 a copy of which is attached hereto and made a part hereof,for the construction of: PAVEMENT RECONSTRUCTION for a Portion of PREWETT ROAD NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED�&L f'of 2006. ATTEST: ) lti d�c Stable&Winn,Inc, (Principal)Secretary PRINCIPAL(4) BY: Title: Henderson, Vice-Presidfst (SEAL) PO.Box 79380 Saginaw,Texas 76179 (Address 4.J Colonial American Casual y and Surety Company Witness as to Principal Surety Address B ATTEST: y-m-fact)(5 Tracy Tucker (Surety)Secretary. P 0 Box 2285 Ft Worth, TX 76113 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Witness as to Surety P 0 Box 2285 Ft Worth, TX 76113 (Address) Bond #PRF08809446 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)Stable&Winn,Inc„as Principal herein,and(2) Colonial American Casualty and Surety r Company a corporation organized and existing under the laws of the State of(3aryland , 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 Three Hundred Eisht Four Thoursend, One Hundred Ninety ................................................................................................................................................100/.50Dollars ($ 384,190.50......or 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: ttriAR 2 8 F�LC'u WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of ® 2006, 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: PAVEMENT RECONSTRUCTION for a Portion of PREWETT ROAD 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 matefials 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. v 'i1 SIGNED and SEALED this day of, 2006. m Stable & Winn, Inc, PRINCIPAL {{ • ATTEST: By: Name: Jerry Henderson (Principal) Secret Title: Vice-President { L) Address: PO.Box 79380 Saginaw, Texas 76179 Hess as to Principal Colonial American Casualty and Surety Company SURETY^ ATTEST: By: Name: Tracy Tucker Secretary Attorney in Fact (S E A i) Address: P o sox 2285 Ft Worth, TX 76113 Witness as to Surety. Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) . Correct name of Surety. (3) State of incorporation of Surety Tele0hone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond #PRF08809446 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § *" Colonial American Casualty and That Stable &Winn, Inc, ("Contractor"), as principal, and Surety Company a corporation organized under the laws of the State of Maryland ("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 Three Hundred Eight Four Thoursend, One Hundred Ninety ................................................................ .100/.50 Dollars ($384,190.50), lawful-money' of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the I, `110 nf F�E�d, 2006, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: PAVEMENT RECONSTRUCTION for a Portion of PREWETT ROAD the same being referred.to herein and in said contract as the Work and being designated as project number(s) 00018 and said contract, including all of the specifications, conditions, addenda, change orders and written-instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remai .'in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said 'Contractor binds itself to maintain said work in good repair and condition for said term of Teo 1126 years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineafing,•it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this_day of"-P 2 LD. 2006. ATTEST: Stable &Winn, Inc, (S E A L) Contractor By: Secretary Na e' Jerry Henderson Title: Vice-President WITNESS• Colonial American Casualty and Surety Company �S E AL) _ Surety y: Name: Tra Tucker Title: A orney-in-Fact P 0 Box 2285 Ft Worth, TX 76113 Address Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND 10 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the StattCa#Maryland,by FRANK E. MARTIN JR.,Vice President,and GREGORY E.MURRAY,Assistant Secretarn4luj�itiaf{a`u�thority granted by Article VI,Section 2,of the By-Laws of said Companies, which are se LSq .erl tke�re�v—se side t^f and are hereby certified to be in full force and effect on the date hereof,doe, �I cogswl f�d�`Z racy TUCKER, Tobin TUCKER and W.Lawrence BROWN, <, r x s, '"t�'�tnd lawful agent and Attorney-in- Fact,to make,execute,seal and deliver14, & d'k) ?U ai �►►����it�act and deed: any and all bonds and undertakings,EXCEPT bg�d ;_404I 4 Y'nde ,t �dauto s,Community Survivors and Community Guardians. and the riot c jbp4s` I I g in pursuance of these presents,shall be as binding upon said Companies,as fully'��� z��' �end purposes,as if they had been duly executed and acknowledged by the regularly elected offi a�E It f�e�,Ce3nhprany at its office in Baltimore,Md., in their own proper persons. This power of attorney revokes that issued o�,�I`if of Tracy TUCKER,Tobin TUCKER,W.Lawrence BROWN,dated May 30, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 1 Ith day of October,A.D.2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp 9EPps�f t,�ltj). SEAL By: Gregory E. Murray Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss: +� City of Baltimore On this I Ith day of October, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn. severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the scats affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. op IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. O� FZ ...nre Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 t* POA-F 168-2829 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President. or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who .® executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and �. binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28th day of March 2006 T t_7 Assistant Secretary TUCKER AGENCY, LTD. Bonds and Insurance 2005 White Settlement Road Fort Worth, Texas 76107 (817) 336-8520 „ Fidelity and Deposit Company of Maryland Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 IlVIPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages,rights, or complaints at: 1-800-252-3439 " You may write the Texas Department of Insurance: " P.O. Boz 149104 " Austin, TX 78714-9104 FAX#(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. " ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does " not become a part or condition of the attached document. " S8543f(M(08/01) CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT MAR 2 6 t "'D This agreement made and entered into this the day of A.D., 2006, 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 I Vh 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, Stable & Winn, Inc„ HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the.6O mer,.and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: PAVEMENT RECONSTRUCTION for a Portion of PREWETT ROAD 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 Department of Engineering for 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 Department of Engineering of the City of Fort Worth. 4. -° The Contractor.hereby •agrees to prosecute said work with reasonable dilig r the ----- commencement thereof and to fully complete and finish the same ready for the inspection Of_; �, , Ypv the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 120 days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any'monies due or which may thereafter become due him, the sum of 210 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. r 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 Ddcurnents, then the Owner shall have the right to either demand the surety to take over the work and complete'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 r Contractor covenants and agrees to. indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole gegligence. 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 M against any and all claims of.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, L-hether or not any such injury, damage or death. is' aused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servOkts,"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,A'l si or'destruction to property of the Owner arising from the performance of any of the terms and'conditions of this Contract, whether or not any such injury or damage is caused in whole or in A&by'the negligence or alleged negligence of Owner, its officers, r servants or employees.: In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final paytient shall not be made until Contractor either (a) submits to Owner satisfactory evidence that tl$e•'clairh 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 deeuls it-i4ppropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor'against whoyn 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 Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be.for 100 percent of the total contract price, and 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 Contractor 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 successfiil 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 T hree Hundred Eiaht Four Thoursend, One Hundred Ninety ...................................................................................................................................100/.50Dol lars, $384,190.50). 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 Department of Engineering. ' 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified,promulgated and set 84f 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 copied verbatim herein. • 11. 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 withreferencesto and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 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 8 counterparts with its corporate seal attached. Done in Fort Worth,-.Texas;this the'_day of ,A.D.,2006. P RECOMMENDED: CITY OF FORT WORTH BY: DIRECTOR,DEPARTMENT OF CITY MANAGER ENGINEERING APP F��- L' �— Marc A. ssilint City Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: Stable &Winn,Inc, PO.Box 79380 Saginaw,Texas 76179 CONTRACTOR6 uc�"'Vsf�l e Y � CITY SECRETARY (SEAL) ' Contract authorization BY: Date Vice— TITLE APPROVED AS TO FORM AND p9. Saw �-°1350_ Sq.�,�,,{(�w_ iX. LEGALITY: ADDRESS ASST. CITY ATTORNEY November 1960 r ' Revised May 1986 Revised September 1992 ` ��21 i " Contractor Compliance with Worker's Compensation CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes,Contractor certifies that it provides workers'compensation insurance coverage for all of its employees employed on City of Fort Worth project. STAf3t�•� �WtNwl �wtl� . Contractor Name: 3 -�=-R•�( EMOE�LSow� Title: \/I G!= 90-p—i t py-txr Date: 1'*Q&%1. lZ. . '2-a0fo STATE OF TEXAS COUNTY OF TARRANT BEFO ME the undersigned authority,on this day personally appeared EiE'SOn� ,known to me to be the person whose name is subscribed tgthe foregoing instrument,and ackpowledged to me that he executed the same as the act and deed of y[CC R /hfn/T c+= S7'xf8/CFz WIIV*, /,VC , the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFI thisy of P�2/�- ,20 Notary Public in State 6f Texas c ALVA N- L \ Notary c STATE v:= y My Comm. E<< � a r r 11 p, Prewett Road 1 of 1 Contractor Compliance with Workers DOE No.4571 Compensation Law APPENDICES Units I & II: Water Department & Transportation / Public Works �r r i i i 1 1 r ' Appendix A — Standard Figures and Derails L i r F 1 f E PROJECT DESIGNATION SIGN 0» ,. 77 PMS-288 1 s s 4 — Fo WbRTH - 61 w,M,�.,17 3 3„ " Project Title �- " 2ND LINE ist 4 - IF NECESSARY 1 3" 4Contractor: 2 lit (Contractor s 17J71 Scheduled Completion Date » Year77 5" 1 " FORT WORTH LOGO N CHELTINGHAM BOLD ALL OTHER LETTERING N ARIAL BOLD LOGO COLORS: FORT WORTH-PMS 288 LONGHORN LOGO-PMS 187 LETTERING—PMS 288 BACKGROUND—WHITE BORDER—BLUE w ' j TYPE "C" BACKFILL SEE SPEC. E1-2.4 MINIMUM 6" INITIAL G.C.D. BACKFILL COVER Ckf SAND MATERIAL EMBEDMENT OLL do INITIAL BACKFILL we SEE SPEC. E1-2.3 G.C.D. TT Z MINIMUM 6" Q EMBEDMENT z J J FOR WATER LINES Li UP TO 12" u U Q m cn TYPE "C" BACKFILL z SEE SPEC. E1-2.4 w MINIMUM INITIAL BACKFILL COVER: G.C.D. WATER — 6" Lli SEWER — 12' CRUSHED STONE OR SAND m STORM DRAIN — 12" MATERIAL INITIAL BACKFILL 1E ° SEE SPEC. E1-2.4(b) OR W •¢ •':° E1-2.3 G.C.D. (' MINIMUM 6" •°:.° 3 EMBEDMENT ° • CRUSHED STONE O SEE SPEC. E1-2.3 :z G.C.D. (� SEWER: ALL SIZES J STORM DRAIN: ALL SIZES WATER: SIZES 16" AND LARGER o J J Q MATERIAL SPECIFICATIONS LLJ SAND GRADATION 00 • LESS THAN 10% J PASSING #200 SIEVE THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS 0 • P.I. = 10 OR LESS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF BOTH THE E1-2.4(b) AND E1-2.3 OF THE G.C.D. AND STD. SPEC. Z ITEM 402 OF THE TPW STANDARD SPECIFICATIONS FOR O STREET do STORM DRAIN CONSTRUCTION. ALL OTHER U CRUSHED STONE GRADATION PROVISIONS OF THESE ITEMS SHALL APPLY. J SIEVE SIZE % RETAINED H 1" 0-10 1/2" 40-75 WATER, SEWER & STORM DRAIN 3/$" 55-90 -EMBEDMENT AND BACKFILL DETAILS 90-100 #s 95-100 CITY OF FORT WORTH—CONSTRUCTION STANDARD ~ FIGURE A DATE:2-19-02 ATTENTION CURB RAMPS SHALL. BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. S8.S9 & 60. WH- - ELCIIAIR R A ."a V- .I P S STA ..\. DARD AILS CITY OF FORT VORTK TEXAS - CD4TRUCTION STANDARD ��•OCTOBER 1992 R1 �H SC �[ LAJ Y 3 } W 4C wr y ¢ dim'_ 4C4 $ a. =$-* Wy o 86 =2 p. t O:A of do �� ac Las di 7T O J.+ ....CY O W A Z W a. ¢ . 0 Y .." � x W _�, � o A ACV) a. � E ti a U !— W ZblaUg ¢ v .Y.! CO3 oud W : WacNSu 0 ¢ z C3 Lj Z c, v D CD U t— W W Of N ON I1 ( EXISTING 15' R I ! SCALE 1" = S' SIDEWALK RAMP NOTES U EWANSION JOINT AND SIL.ICO C SEALING I VALL DE VASIDIART TO WT PRICE DID FM SIDEVAM CASTVIC CLs 0 THE ACTUAL LMS Or SAL Of DUST- I4 CURD " GUTTOt AND SIDEb/ALS{`SHAL.te BEAS DIRECT® 'T THE ENGINEER IN THE 3) H NOLITRC CURB OR FLARED SES PAY .19E INSTALLED ON BOTH SIDCS OF THE RAP 6e. DCP£H M4G ON THE FIELD CCMITMN OR At W at tr mRECTED BY THE CNG U CURB RAPS VITH RETURNED CUR=S MAY fE USED VHER£ PEOESTRIMtS VOULB NGT SAY= r0t NORMALLY VALK ACROSS THE RAW. Poetic ewKt 3) SLOPE W CURB RNV 414DA R SWEVALK SHALL BE A MAXUM OF 14L FLARED SIDES CF RAP SMALL HIAVC' A HIAXI" SLOPE OF H66 UNLESS P£DESTPIANS MD AS VALK ACAS THE RAS' THEN THE HW KH soix or SLOPE_ SHALL DC WE aw.CL er o3.tmc :ocwmx cars cu" cot part --- i a e „ y� ..• . C • „ °• ° ° ° •• WOO AIWA X dt CW !LOLL K CM"O •e o 4 ° •o• ° 00 • e s ' GEND � e ••°s• • • e ° C 1�1OcO' �IOR�Ip rxx"w.rCUR2 1TIIF.ELCHAIR RANIP �� %f= rot co Ckm mom ' STANDARD PAY LIMIT • DETAIL ,�BYDOWN C/G CITY IIF FORT VORTK TEXAS — CONSTRUCTION STANDARD OCTOBER, 1992 WR - 1 r 11 ' 't ' PIIALT TIE—IN • i ! i EXISTING 15' R SCALE 1" c 5' SIDEWALK RAMP 1 c s orr am Ts CW#=M .=R um Z * *C srk.ac Uwl IC sLo iumARY To Loci react sn the azcv" i ecrc 8 A w wOJ� #M SLbMMV rc,c' VWJL IC aOr ti�z-r�Vt nc acame IN of rima 6" w ae V- %AV= the �pywt�. 1 , :U=bc �. . usrr aa�noc sncv+ruc a,es c�ocrc yr vi i CO.Ooev sL w*= I us+eo t7NraO1 Jmw 9, %X.X XPC SCN-V . s�oc cF ram. an rAm Mr. To macs • an-rae— V= m LLTK32m Nlvocff JOINT DETAIL CITY OF FORT WORM TEXAS - CONSTRUCTION STANDARD O T08ER, 1992" tsrpeasiedar lIIbile gdt*a1t Cari 14a� gifts t Psnnel Tobtic Sidewalk CWb Ramp the oJ.r rd Lwxdkc OMP of b r rbec Skkwalk Curb 58 -'T Combined labZie Sidewalk Cwb Sam 59 Public Siiiav-&Ik cvA Zips 1 . ATTENTION CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT CROSSINGSSTREET . OF DIAGONAL CROSSINGS WHERE FEASIBI.E, SEE FIGS. S8,59 & 60. r 14.2.6 Vthkmlu Ways and cM sm %�:�.�:�:�•:::. fit.• \���� \�■1111■/� I l �- ■����ffju tom;__- ��■ ftp: = Lld cl ��1 ■■1t■■■■■ff' J J rRampe at Uszkod Crossizp ATTENTION ! CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58.59 & 60. TYPICAL LAYOUTS �r CITY (3F FORT VORTK TEXAS - CWSTRLPCTJQI ST44DARD OCTOBER. 1992 J, �C'r 1.V4.9 _ TYPE - I EXISTING IS' R SCALE 1" = S' PROP, 4' RAMP = - COLORED SURFACE 0 1148 X12 112 VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY Or FORT VDRTK TEXAS - CONSTRUCTION STANDARD OCTDDM 1992 TYPE I EXISTING'2Q' R le " SCALE 1S' PROP. 4' RAMP COLORED SURFACE I 1+I2 , VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY OF FDRT VDRTK TEXAS - CONSTRUCTION STtiT1)MD OCTOBER, 1992 l TYPE III EXISTING 15' R SCALE 1" = S' SIDEWALK RAMP BROOM FINISH cnrrpc arma'm HMAC TIE—IN 6" w at sAvcvr rM "V4 rwct 02 SUM" r C► sua- c�,rnc� satvxx a� CMA10 XN;+a #4 Kowyn va Q mar.a" car mm.r cm _ i vinu nx coca= PAVOW CITY OF FORT VORTK TEXAS- - MCSTRUCTIEN STANDARD OCTOBER, 1952 JYPE III EXISTING W R SCALE 1" s S' C=TDC CM ' ( I PROP. RAMP BROOM FINISH �- at «- TRANSITION uWan I= KV4 r"n smmm � occum MCKOr PVV. CL e vAnat lose ass �s saorss um w rsr.ass a wtsim to= Nw.r am c=Tm ass a as,r� CaG Me�'i CITY Of rDRT VDRTK TEXAS - CONSTRUCTION STANDARD c7C702ER 1992 , CURB RAMPS SMALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT CROSSINGSSTREET • OF DIAGONAL CROSSINGS • SEE FIGS. S8,59 46 FEASIBLF, \ 1 mze vehicour ways and racnitwo mss■:•_. c====1 ■ amt �t ��ir■�■p It Iti 1 1 .ViiM • :, ` - p 40-11m pubft Wd&wWk ow-lo -k"o*dr Acurbse" ■1■ ��■'• fit■ '■�>f: .� X111 at■lr■at■■�i. ,�r It■i�'�11/f■1 rig. 60 � f ... . RUNNING, SLOPE ; Y 1:20 max RUNNING SLOPE I COUNTERSLOPE .._� 1:12 max , 1:20 max WALK CURB RAMP STREET 111 slope.do•tele c$%+lcvd>tm 121 c"W"crlope.ksn ow cued 1.20 ft. 84.7.2 Measurement of Curb Rump Slope* PLANTING OR OTHER NONWALKING SURFACE Y� -- -- X FLARED SIDE - - t 10 NOTE:If 1<AK M 11.".D MML M+cc na'dup..d ale 'han SKS cucw 1:12. (a)Flared S1des (b)Returned Curb no. 84.7.5 • Sides of Curb Ramps 36 min IwP) 10 Fig. 84.7.6 Built-up Curb Ramp 51 Appendix B — Railroad Consent'and Easements NONE Appendix C — Geotechnical Report 1 q CITY OF FORT WORTH CONSTRUCTION SERVICES J LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: 2004 CIP (PREWETT RD. ) DOE NO. : 4571 FUND CODE: 03 HOLE # 1 LAB NO: 41570 LOCATION: S/4 OF PREWETT RD. 80' EAST OF N. BEACH ST. 1.75" HMAC 6.00" BROWN SANDY W/GRAVEL 11.25" DARK GRAY CLAY ATTERBURG LIMITS: LL: 53. 4 PL: 25.7 PI: 27 .7 SHRKG: 14. 0% MUNSELL COLOR CHART: 5/1 GRAY CLAY UNIT WEIGHT: 132.0 #/CFT HOLE # 2 LAB NO: 41571 e. LOCATION: CL OF PREWETT RD. 280' EAST OF N. BEACH ST. 2.50" HMAC 2.00" GRAY SAND 9.50" BROWN SANDY CLAY W/GRAVEL 6.00" DARK GRAY CLAY ATTERBURG LIMITS: LL: 61. 4 PL: 24. 1 PI: 37 . 3 SHRKG: 16. 0% MUNSELL COLOR CHART: 6/1 GRAY CLAY UNIT WEIGHT: 135 .0 #/CFT HOLE # 3 LAB NO: 41572 LOCATION: 4608 PREWETT RD. CL 2.25" HMAC 6.75" BROWN SANDY CLAY W/GRAVEL 3. 00" LIGHT GRAY SANDY CLAY 8.00" DARK GRAY CLAY ATTERBURG LIMITS: LL: 57. 8 PL: 27. 4 PI: 30. 4 SHRKG: 16. 0% MUNSELL COLOR CHART: 5/2 GRAYISH BROWN CLAY UNIT WEIGHT: 134 . 0 #/CFT HOLE # 4 LAB NO: 41573 LOCATION: 4636 PREWETT RD. S/4 7 . 00" HMAC 2.50" GRENISH GRAY CLAY W/GRAVEL 10.50" BROWNISH GRAY SANDY CLAY ATTERBURG LIMITS: LL: 41. 4 PL: 21. 9 PI: 19.5 SHRKG: 9. 0% MUNSELL COLOR CHART: 6/3 PALE BROWN CLAY UNIT WEIGHT: N/A #/CFT 2 DOE # 4571 HOLE # 5 LAB NO: 41574 LOCATION: 4660 PRLWETT RD. N/4 5.75" CONCRETE (COMPRESSIVE STRENGTH 5479 PSI) 14.25" BROWN SANDY CLAY W/GRAVEL ATTERBURG LIMITS: LL: 19. 9 PL: 15 . 0 PI: 4 . 9 SHRKG: 4 . 0% MUNSELL COLOR CHART: 7/2 PINKISH GRAY SAND UNIT WEIGHT: N/A #/CFT HOLE # 6 LAB NO: 41575 LOCATION: 4680 PREWETT RD. N/4 7. 50" CONCRETE (COMPRESSIVE STRENGTH 5364 PSI) 4 . 50" BROWN CLAY 8.00" DARK BROWN CLAY ATTERBURG LIMITS: LL: 37 .2 PL: 19. 4 PI: 17. 8 SHRKG: 8 . 0% MUNSELL COLOR CHART: 6/2 LIGHT BROWNISH GRAY CLAY UNIT WEIGHT: N/A #/CFT APPPROVAL: R JERI ROUTING DATE TESTED: 09-02-04 ABE' CALDERON DATE REPORTED: 09-10-04 DENA JOHNSON TESTED BY: HERNANDEZ FILE Appendix D —Temporary Right of Entry NONE