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Contract 32134
CITY SECRETARY CONTRACT NO. nIi5 CoFY€Ct ?mm.8 - COC SPECIFICATION Co. AND ---- CITY MON AG E P 5 WriCC CONTRACT DOCUMENTS DIV. FRE copy FOR BRICK PAVEMENT REPAIR (2005-27)----�" - —_-- AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO . 4745 TPW PROJECT NO. GS93-020930541170 2005 MR. MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, P .E. , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, F.E. , DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENGINEERING COORDINATION OF Z EXHIBIT "A" SWSAN L SCHWtNGER .. .t...�.....9............0..... 69469 ORIGINAL :s�ks S y�ti2o..0•• ®�S 3 y Z City of Fort Worth, Texas . Mayor and Council Communication COUNCIL ACTION: Approved on 6/28/2005 DATE: Tuesday, June 28, 2005 LOG NAME: 20BRICK05-27 REFERENCE NO.: **C-20810 SUBJECT: Authorize Execution of Contract with C. Green Scaping, LP,'for Brick Pavement Repair 2005-27 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with C. Green Scaping, LP, in the amount of $240,295.00 for 90 working days for Brick Pavement Repair 2005-27 at various locations. DISCUSSION: In the FY2004-2005, Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Brick Pavement Repair provides for the removal and replacement of damaged brick pavement and sidewalks funded from the Contract Street Maintenance Fund. The attached list details the limits for each of the streets included in this project. The..City also reserves the- right to increase or decrease quantities of individual pay items within the contract, {provided that-the total contract:amount remains within plus or minus 25% of the contract award. This project was advertised for bid in the Commercial Recorder on March 24 and 31, 2005. On April 28, 2005, the following bids were received: BIDDERS AMOUNT C. Green Scaping, LP $240,295.00 Cole Construction,Inc. $268,612.50 Ark Contracting Services, LLC $356,970.00 C. Green Scaping; LP is in compliance with the City's M/WBE Ordinance by committing to 5% M/WBE participation and documenting good faith effort. C. Green Scaping Company, LP identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 15%. This project is located in Council.Districts 7 and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, r . Contract Street Maintenance Fund. p g as P� � `W YEN. TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930541170 $240,295.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BRICK PAVEMENT REPAIR (2005-27) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4745 TPW PROJECT NO. GS93-020930541170 2005 2`7 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING GEORGE A. BE SH, P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT O K& P.E. DATE ENGINEERING MANAGER WATER DEPARTMENT SP12 t TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Prevailing Wage Rates Proposal Vendor Compliance Disadvantaged Business Enterprise Special Provisions Masonry Paving Specifications Silicone Joint Sealing for Concrete Pavement Specifications Contractor Compliance with Worker's Compensation Law Certificate of Insurance Performance Bond Maintenance Bond Payment Bond Contract Project Designation Sign Details Street Locations NOTICE TO BIDDERS Sealed proposals for the following project : BRICK PAVEMENT REPAIR (2005-27) AT VARIOUS LOCATIONS DOE PROJECT NO. 4745 TPW PROJECT NO. GS93-020930541170 Addressed to Mr. Charles R. Boswell, City Manger of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M. , April 28, 2005 and then publicly opened and read aloud at 2 : 00 P.M. 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, 76102 . A pre-bid conference will be held at 9 :00 A.M. , April 6, 2005 in the Transportation and Public Works Conference Room 270, 2nd floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20 . 00) : such deposit is non- refundable. Additional sets may be also purchased on a non- refundable basis for twenty dollars ($20 . 00) per set. For additional information contact Ms. Susan L. Schwinger (817) 392-6529 . Charles R. Boswell Robert D. Goode, Director City Manager Transportation and Public Works PUBLICATION: By: March 24, 2005 Najib N//Fares, P.E. , March 31, 2005 Street Program Manager, TPW r SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at(81.7) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS -I - 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49) City business days from the date that the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT. PERFORMANCE AND MAINTENANCE BONDS• The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. 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. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a n w-surety satisfactory to the City OKJ(111'ld HCOM SPECIAL INSTRUCTIONS TO BIDDERS WINK, EX. 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8,Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex, race,religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director 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. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%-of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable,must be submitted no later than 5:00 p. m. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall' submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a"0" or"no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call(817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS,FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less 5%retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment . becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON,within the Metroplex area, runs from May 1, through October 31,with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor ma�begin work prior to 10:00 a.m. if use of motorized equipment is less than 1-hour, or if equipment is new and certified by EPA as"Low SPECIAL INSTRUCTIONS TO BIDDERS -7- Emitting", or equipment burns Ultra Low Sulfur Diesel C SDl diesel emulsions or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m.-- 6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor'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 has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. 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 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. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. SPECIAL INSTRUCTIONS TO BIDDERS -9- (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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 workers' 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 of misleading information may subject the contractor to administrative penalties, criminal penalties, 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 City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the.Texas Workers' Compensation Act or other Texas Workers'Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in SPECIAL INSTRUCTIONS TO BIDDERS -10- connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 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 or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11 - CITY OF FORT WORTH F_ HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE { Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) 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 t 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 P R O P O S A L TO: MR. CHARLES R. BOSWELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: BRICK PAVEMENT REPAIR (2005-27) AT VARIOUS LOCATIONS DOE PROJECT NO. 4745 TPW PROJECT NO. GS93-020930541170 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 Ea. Project Designation Sign @ Two-Hundred Dollars & No Cents Per Ea. $ 200.00 $ 400.00 104 2 160 C.Y. Remove/Replace Existing 6" 314 C reeteBB P av nt) @ S.P. .�.•�f � 1ars & Q �1 --__===Cents Per C.Y. P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 3 1,050 S.F. Remove/Replace Existing Brick Pavers (Sidewalk) @ ollare & Cents Per S.F. S.P. 4 17,050 S.F. Remove/Replace Existing Brick Pavers (Pavement) Dollars & Cents Per S.F. S.P. 5 3,000 S.F. Filling Existing Brick Pavers Joint (sidewalk and Street) CE2Q�4- Dollars & nts Per S.F. S.P. 6 400 S.F. Repair Brick Planter Borders CEJ s<-;, Dollars & �� Cents Per S.F. $ 00 S.P. 7 200 L.F. Silicong�''Joint Sealing Dollars & s $ $ Cents Per L.F. c/o TOTAL BID $ 7,5 P-2 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. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Ninety (90) Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. The Contractor shall start work within 15 calendar days of executing the contract. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully submitted, Addendum No. 1 (Initials) � �, 004,/ j �/ Q ZP Addendum No. 2 (Initials) Company NaW Addendum No. 3 (Initials) By: Si tur Printed Name of Principal // Address: ®9/> �//t-`i�-1 4 E-mail Address: (Seal) Date: Telephone: P-3 ��� P L V VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides 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 too underbid a non-resident bidder 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 in 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. Nan-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: P. U Rrt� �C' Company By: (Please print) Address a ICA44d TL City §fate Zip Title(Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 15 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBEparticipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. Rev.5/30/03 i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: ! Check applicable block to describe prime PROJECT NAME: NVIDBE NON-M/W/DBE BID DATE City's M/WBE Project Goa: Prime's MIWBE Project Utilization: PROJECT NUMBER % 010 % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1ST tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MNVBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MNVBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the Fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address M W c X M Subcontracting Work Supplies Purchased Dollar Amount T D Telephone/Fax r B B E E R O B B C T E A 4 � Rocs t>/751--)7) 6 ®a e aft fF Y ,Ih�s 4. G. ct a rrv��t®B�®33G 0d!9^-1 , e� Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification P (check one) SUBCONTRACTOR/SUPPLIER T r Company Name i N T Detail Detail Address M W C X P Subcontracting Work Supplies Purchased Dollar Amount T D % Telephone/Fax r B B R O E E E C T E A Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ I PCV � Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 76, TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ F7 goa The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. A ign r ted Signature Tale' Contact Name/Title(if different) �i7� >-�'�4 el;> Company Name Telephone and/or Fax 891> �0% A�V Address E-mail Address City/State/Zip / Date ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: �•/ /DBE NON-MM/DBE BID DATE G(L �£�•�.-rte � � �a��a.� � a8 . City's M/WBE Project Goal: PROJECT NUMBER bio KS F3 - Oaa9 3t 9 7a If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to.complete this:form in its entirety and be received by.the Managing Department on or before 5:00 mm:;five M City,business days after bid opening, exclusive°of the bid opening date,.will result in the bid being considered hon.responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. ig ure Printed Signature Titre' Contact Name(if different) Company Name Phone Number Fax Number A dress Email Address 41,231 s-- City/State/Zi Date Rev.5/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing / / ®3 No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? es (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? _eL— es (If yes,attach list to Include name of M/WBE firm,Q2rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both: If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than.ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plpns and specifications in order to assist the MMBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event,of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets,if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. /ket" 971 )AWS- 31-M 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 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. 6s ized Signature Printed Signature -_ maw_ ---- Title Contact Name and Title(if different) Company Name Phone Number Fax Number �VIA# / Address Email Address 4, City/State/Zi Date Rev.05/30/03 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: BRICK PAVEMENT REPAIR (2005-27) AT VARIOUS LOCATIONS DOE PROJECT NO. 4745 TPW PROJECT NO. GS93-020930541170 1. SCOPE OF WORK: The work covered by these details and specifications consists of the removal and replacement of existing brick sidewalk and street in like kind of damaged historic brick. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. Exact locations will be as directed by the Engineer in the field. The contractor is encouraged to conduct site visits and survey all these possibilities. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. For street locations see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (f) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Contractor may work during the day between 9:00 a.m. until 4 p.m. and/or at night, Monday thru Friday,between 6 p.m. to 6 a.m. and/or Saturday except for conflicting scheduled events. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. Contract will be awarded to the lowest responsible bidder. 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the SP1 project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non- responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 4. The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph S.6, of the "General Provisional, of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: f The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order) , the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. B. The Project Manager and the Directors of the Department of Engineering, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the' City Manager's Office and the appropriate city council members may also be informed. C. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering t SP2 f Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 6. 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. 7. 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 and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy 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 designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No. 14 for further requirements. 10. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition 'Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control elan shall be submitted for review to Mr. Charles R Burkett City Traffic Engineer 0817-392-8712 at least 10 working to the i3reconstruction conference. Although work will not be nr, t,, P1 N,� �".5M SP3 R ��offfll YEN. traffic controlyanel has been reviewed the Contractorls time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Depart- meet, Signs and Markings Division (phone number 871-7738) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets during '"peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." Contractor may work during the day between 9:00 a.m. until 4 p.m. and/or at night,Monday thru Friday,between 6 p.m. to 6 a.m.and/or Saturday except for conflicting scheduled events. See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air Pollution Watch Days" with substantial use of motorized equipment. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING 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 door hang 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 door hang shall be ]posted three (3) days rior to beginning any construction activity on each block in the project area. The door hang shall be prepared and include the following information: Name of Project, DOS & TPW Nos., Scope of Project (i.e. type of construction activity), actual construction duration within the SP4 block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after- hours phone number. 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 door hang 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 door hang is delivered to all residents of the block In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or door hang of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or door hang shall be posted twenty-four (24) prior to the temporary interruption. The door hang shall be prepared and include the following information: Name of the project, DOS & TPw Nos., the date of the interruption of service, the period the interruption will. take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number and the City's after- hours phone number. A copy of the temporary interruption notification shall be delivered to the inspector for his review prior to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the door hang has been delivered to all affected residents and businesses. The Electronic version of the sample door hang can be obtained from the Construction office at (817) 871-8306. All work involved with the notification door hang shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cast to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. when such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct f shall be approved and referred by him to the Council for final approval or SP5 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 and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. 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 the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 15. 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) and a flood plain permit issued. 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 Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a' fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 16. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. SP6 17. Final cleanup work shall be done for this project as soon as the work has been completed. 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. 18. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 19. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 20. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) 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. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co.) 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. (4) 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. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3) . 21. RIGHT TO AUDIT• Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to SP7 and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article vi. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. 22. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.) . NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 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. Y ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Sta ec3. I NO. �2001"Sprinkling for Dust Cont apply. However, no direct paymenbe made f _ - em and it shall be considered incidental to ct. spa NON-PAY ITEM NO. 2 - EXISTING UTILITIES/FACILITIES: It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one. The following are utility contact persons: Companv Telephone Number Contact Person SBC - Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery - Downtown 817-215-6424 Mr. Scott Icing - other than Downtown 817-215-6688 Mr. Robert Martinex ATMOS Energy (Gas) - 817-215-4306 Mr. Roger Oliver CFW Street Light and Signal 871-8100 Mr. Dwayne Cox Mr. Roger Martin Storm Drain 871-8100 Mr. Gordon Couch Water & Sewer 817-212-2649 and Mr. Kristian Sugrim 817-925-2271 817-212-2642 and Mr. Scott Neystel 817-994-8663 The contractor shall protect existing utilities and facilities. Existing brick pavers that are to remain in place shall be protected with due care. Any damages to existing utilities and facilities by the contractor shall be repaired @ the contractor's expense. PAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install one (1) 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 3/4" fir plywood, grade A-C (exterior) or better. SP9 Cfly GAY FT. 1110WITH, TEX. These signs shall be installed on barricades or as directed by the Engineer, and in place at project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. The unit price pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2 - REMOVE/REPLACE EXISTING b" CONCRETE BASE: This item shall include the removal and replacement of concrete base as directed by the Engineer. At locations where the existing base is to be removed, the concrete base shall be cut, sawed or scored, so as to maintain an even, straight pavement cut in connection with the excavation process. Removal of existing brick pavement for base repair shall be paid for under Pay Item No.4 Remove and Replace Existing Brick Pavers (Pavement) . Where the existing concrete base is reinforced, the reinforcement shall be cut at the centerline of the excavation and bent back to accommodate the excavation process. The steel shall be thoroughly cleaned and reused if possible. New steel of same size shall be provided for a 20" lap,and tied. The removed concrete base shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed concrete base be stockpiled on the job site. Concrete base shall be replaced with reinforced concrete. Reinforcing steel required shall be No. 3 bars of 2411 C-C both ways. where existing reinforcing concrete base surpasses the minimum requirements described above, it shall be replaced in kind. Said reinforcing steel shall be anchored by ties to the existing cut steel bars, if any exist. Expansion joints shall be provided in the base. The Standard Specifications Item No. 104 "Removing Old Concrete" and Item No. 314 "Concrete Pavement" shall govern with the following exception: 314.4 "Concrete Mix Design and Control" shall be changed to read, "The concrete shall be designed for a minimum compressive strength of 3000 pounds per square inch at the age of two (2) days for either Type I or Type III cement. The price bid per cubic yard as shown on the proposal will be full payment for all materials including all labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 3 AND 4 - REMOVE/REPLACE BRICK PAVERS(SIDEWALK & PAVEMENT) : This item will include the removing and replacement in like kind of damaged historic brick. Contractor shall match existing brick pavers as directed by SP10 the Engineer and as shown in the enclosed details. Clean up shall be done at the end of every working day. In no case shall the removed material, trash, and debris stockpiled on site. Existing brick pavers may be re-used only if approved by the Engineer. Existing paving bricks that do not meet the required specifications for re- use shall be delivered to the City Stock pile yard at 3300 Yuma Street. The Contractor shall furnish new brick pavers. This item shall be governed by all applicable provisions of the enclosed details and specifications. The price bid per square foot as shown in the proposal shall be' full payment for all materials including all labor, new brick, excavation, equipment and incidentals necessary to complete the work. PAY ITEM NO. 5 - Filling existing brick pavers ioints: This item is for filling .empty joints between existing brick pavers on sidewalk and on street, and it shall be directed and approved by the Engineer. This item shall be governed by all the enclosed masonry paving specifications, details, and special provisions. The price bid per square foot as shown on the proposal shall be full payment for all materials including all labor, equipment and incidentals necessary to complete work. PAY ITEM NO. 6 - REPAIR BRICK PLANTER BORDERS: Loose and missing bricks around existing planter borders shall be repaired as directed by the Engineer. High bond mortar mix shall be used. Expansion joints shall be installed where applicable. The price bid per S.F. as shown on the proposal will be full payment for all materials including all labor equipment, tools and incidentals necessary to complete the work. This item shall be governed by all the enclosed masonry paving specifications, details, and special provisions. PAY ITEM NO. 7 - SILICONE JOINT SEALING: This item shall include providing and installing joint sealing for concrete pavement, curbs and sidewalk, etc., per attached details and specification for silicone joint sealing. The unit price bid per linear feet (L.F.) shall be full payment for all labor, material, equipment, supplies, and incidental necessary to complete the work. END OF SECTION SP11 MASONARY PAVING SPECIFICATIONS PART 1 GE NE RAL 1.01 QUALITY ASSURANCE: A. Installer: Subcontract masonry paving work to a firs with not less than S years of successful experience in the required type of paving applica- tion. S. Saxmple Installation: Prior to installation of masonry paving work, fabricate sample panel using materials, pattern and Joint treatment indicated for project work, Including speclal features for expansion Joints and contiguous work. build panel at the site, as directed, of full thickness and approximately 4' x 419 unless otherwise Indicated. Provide range of color, texture and wcrk- manship to be expected in the completed work. Obtain Architect's acceptance of visual -qualities of the panel before start of masonry paving work. Retain panel during construction as a standard for judging completed masonry paving work. - .Do not move or destroy sample pane l- until woW Is completed. C. Do not change source of brands for masonry units, setting satorial.s, or grout. during progress of work. 1.02 SUBMITTALS: A. Product Data: Submit manufacturer's technical data for each manufac- tured product, including certification that each.product complies with specified requtrem nts. S. Samples: 1. For verification purposes submit the following: a. Manufacturers testing certification. b. Masonry paving unit samples for .each type. of 'masonry paving required. Include In each set the full range of exposed color and texture to be expected in the completed work. 1.03 PRODUCT HANDLING: A. Protect masonry materials during storage and construction against wetting by rain, snow or ground water and against soilage or intermixture with earth or other types of materials. 8. Protect grout and mortar materials from deterioration by moisture and temperature. Store In a dry location or in waterproof container. Keep con- tainers tightly closed and away from open flame. Protect liquid components from freezing. 1.04 JOB CONDITIONS: A. Cold Weather Protection: MPS I 1 . Frozen Materials: Do not use frozen materials or materials mixed or coated with ice or frost. 2. Frozen Work: Do not build on frozen subgrade or setting beds. Remove and replace masonry work damaged by frost or freezing. B. Weather Limitations: Protect masonry against freezing when atmospheric temperature is 40-F. (4-C) and failing. Heat materials .and provide temporary protection of completed portions of masonry work. Comply wi.th requirements of BIA Technical Notes, No 1A, "Cold Weather Masonry Construction - Construction and Protection Recommendations." C. Hot Weather Requirements: Protect masonry in hot weather to prevent excessive evaporation of setting beds and grout. Provide artificial shade, wind breaks and use cooled materials, as required. PART 2 - PRODUCTS 2.01 MASONRY PAVING UNITS: A. Paving Brick: Solid (uncored) brick of modular size, 2-1/4" x 3-5/8" x 7-5/8" except as indicated, complying with ASTM C 216, Type FBS, Grade SW, except as indicated below. 1. Average Compressive Strength: Not less than 10,500 psi . 2. Cold Water Absorption: Not more than 4% after 24 hour submersion in .cold water. 3. Freezing and Thawing: No breakage and not more than 0.5% loss in .dry weight of any individual unit after 100 cycles of freezing-and-thawing test. 4. Color and Texture: Provide Bennett Blend 2 Velour Solid as manu- factured by Acme Brick Company or approved equal . Verify to match brick used to surface Fort Worth Main Street s i dewalks and pA\3emerit. 2.02 SETTING MATERIALS: A. The mortar setting bed shall consist of:. 1 . ] part portland cemenfi - ASTM C150., Type 1 2. part hydrated lime by volume - ASTM C207, Type 5 3. 3 parts damp sand -. ASTM C144 .(for high-bond mortar, gradation in accordance with additive manufacturer's recommendations) . 4. Add water to obtain stiff mix - water shall be potable quality. B. The wet mortar joint filler shall consist of: MPS-2 Ff. wmnfl, YEN, 1 . 1 part portland cement —ASTM C150, Type 1 . 2. 3 parts dry sand - ASTM C144. 3. Add water to obtain a wet mix. C. High bond mortar mix shall consist of: , 1. 1 sack portland cement - ASTM C1501 Type 1 2. 50 pounds workability additive - "A" Marble Dust by Armco Steel Corp. , Piqua Quarries, or Ute Dolomite Limestone by U. S. Lime Division of Flintkote Corp. , or Micro Fill No. 2 by Pure Stone Co. , Marble Falls, Texas. 3. 3� cubic feet of sand - ASTM C144 4. 4 gallons of high bond additive - Sarabond Liquid Mortar. Additive by the Dow Chemical Co. 5. Mix with water in accordance with High Bond Additive manufacturer's recommendations.. -PART 3 - EXECUTION 3.01 INSTALLATION, GENERAL: A. Concrete surfaces to receive pavers shall be dry, clean, free of oily or waxy films, firm, and level . Pavers shall be set in the patterns shown a in the VVeW with uniform tight• /y-jgch joints. Pavers with chips, cracks, or voids shall not be used-. The tting bed mixture shall be spread and screeded to a true plane and shall be it Rnited to that amount that can be covered with- pavers before Initial set. • one mock-up sample panel of pavers, 4 feet x 4 con- pattern (basket weave an in ' pproval . Mock-ups will be used to judge quail ns 1p of comp tion. Joint width w e ermined during mock-up construction. C. Pavers shall be set in 1 - inch layer of neat cement paste over setting bed. Tamped into full contact with the mortar bed to a leve.] plane. Do not set large areas of pavers for later leveling. After pavers are set and cleaned free of mortar, comple- tely filling voids. Remove excess dry joint filler mixture and fog surface with fine water spray. - Alignment tolerances maximum are 4 inch in 20 feet and # .inch in 40 feet or more. • Surface tolerance shall be at maximum +/- 1/8 inch in 8 feet noncumulative. Tolerances shall be checked continuously as work progresses so that nonconforming areas can be corrected before mortar sets. D. Ail required cutting of pavers to -fit shall be done by motor driven masonry saw with a sharp diamond blade. Exposed broken- edges will not be allowed.- EPS-3 E. A seven day damp .cure is required. Barricades shall be emloyed to restrict traffic during the seven day cure period. After the seven day damp cure period, clean the surface with stiff brush and brick manufacturer' s recom- mended cleaning solution in increments not exceeding 100 square feet, leaving surface clean and free of mortar and grout stains. F. Brick pavers subcontractor shall have at least five years of experience in brick paving and their previous work will be reviewed by the Engineer prior to start of brick paving. G. Alignment and surface tolerances will be checked and enforced. The Contractor shall make provisions that brick pavers can meet these tolerances as they are supplied. Imperfections in the brick dimensions 'and surfaces will not constitute as reasons to accept inferior paving and the work will be rejected. H. At the end of each day, paved areas shall be sprayed with a fine mist of water. The joints shall be filled within three days after thepavers are set.. The paved area shall be sprayed until the joints are filled. Brick sur- face shall be swept and kept clean at all times in order to avoid penetration of cement into the brick surface. d;rectecl bq ihp- 6(V)�' eer 1 . Where „�vW„ ~'-- -' �^�, 6" reinforced concrete base will be placed under proposed brick QHlement- Standards Specifications Item 314.4 shall apply except as hereinafter modified. Design mix shall be modified to read, "The concrete shal 1 be designed for a minimum GUM pRE55ift STrenitkof 3000 pounds per square inch at the age of two (Z) days for either type I or type III cement." Reinforcinv shall consist of No. 3 's at 24" centers each way . Payment will be made at the unit price bid per square foot and •shall be full compensation for the construction of brick pavers and inciden- tals thereto. 3.02 REPAIR, POINTING, CLEANING AND PROTECTION: d by tL-Q Er�gi�e��' `aS A. Remove and replace masonry paving unitsJwhich are loose, chipped, bro- ken, stained or otherwise damaged, or if. units do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment to eliminate evidence of replace- ment. B. Pointing: During tooling of joints, enlarge voids or holes and comple- tely fill with mortar or grout. Point-up joints at sealant type joints to pro- vide a neat, uniform appearance, properly prepared to application of sealant. C. Cleaning: Remove excess mortar/grout from exposed brick surfaces, wash and scrub clean. D. Protect masonry paving installations from deterioration, discoloration or damage during subsequent constructions and until acceptance of work, in compliance with recommendations of installer and paving unit manufacturer. o 0 o - - ;1 � WHO, MPS-4 ���wi '" ( R Fy, MUN, VEX, j` CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2,May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation,Midland, MI 48686- 0994, or an approved equal. Self-Leveling Silicone Joint 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 Sas- *** Full Adhesion, days 14 to 21 AS CURED -AFTER 21 DAYS AT 25C (77F) ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ No Failure ASTM D 3583 Adhesion to Concrete, % 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % 600 (Sect. 14 Mod.) 2.4 The joint filler stop 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 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. SJS-7- 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 Rush 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 fit into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the joint depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations. 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the"Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing' shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) Sis-3 After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches fromthe 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 x 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 tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean fmal 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 two years after final SJS-tq 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 s incidentals necessary to complete the silicone joint sealing in conformity with these specifications. End of Section SJS- tr"�9CC�V3G�l G� UV'u'tG���q � T VOH LAb"d Pursuant to V.T.C.A. Labor Code §400.00 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Womb Project V,Hch Pavement Relocah, 2006-27 �L Vacuorns L ocadons and City of Fort Worth Project No. 68)9 -9209306,04170. CONTRACTOR: G. Ui•oora Sc 'n LP By:—,,,,0, DANA LOUCKS ) — — — _'+ Notary Public,State of Texas My CommFebrUCHy sion�©©9Qs Name: GaUmleen RMz r_— VOV3 C1(31 b�, 0V C. GFG:0RUit0rrVo) sG, UI c'., Title: its Ueiiekal PakInei, ©ate: 4V2--710-,5- STATE VZ710-, STATE OF TEXAS § COUNTY OF TAR ANT § Before me, the undersigned authority, on this day personally appeared Gcn G, [Ioon r ljio z 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 C. Lip for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 200_3. Notary Public in and for the State of Texas RightFax 6/30/2005 1 : 49 PAGE 2/3 RightFax ACORQ, CERTIFICATE OF LIABILITY INSURANCE 06%30%2'005' PRODUCER (972)387-3000 FAX (972)387-3808 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Swingle, Collins and Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13760 Noel Road, Suite 600 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75240 Ann Acaley INSURERS AFFORDING COVERAGE NAIC# INSURED C. Green Scaping, LP INSURERA: AMERICA FIRST LLOYDS INS CO 4-C Equipment LP INSURER B: AMERICA FIRST INS CO 8917 Cardinal Ln. INSURER C: North Richland Hill, TX 76180 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN ANY REQUREMENT,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 SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD'LTR INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONMMIDDI Y, LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 SE CLAIMS MADE I OCCUR BINDER 05/13/2005 05/13/2006 MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY BA8024681 05/13/2005 05/13/2006 COMBINED SINGLELIMIT X ANY AUTO (Ea acddent) $ 11000,000 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per a"Ident) GARAGE LIABILITY AUTOONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 11000,000 X OCCUR EICLAIMS MADE BINDER 05/13/2005 05/13/2006 AGGREGATE $ 1,000,000 B $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X I WC STATU• OTH- CRYEMPLOYERS'LIABILITY BINDER 05/17/2005 05/13/2006 E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,desulbe under SPECIAL PROVISIONS beloN E.L.DISEASE-POLICY LIMIT 1$ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: JOB BRICK PAVEMENT REPAIR (2005-27) AT VARIOUS LOCATIONS. HE CITY OF FORT WORTH IS ADDITIONAL INSURED ON GENERAL LIABILITY AS REQUIRED BY BITTEN CONTRACT FOR ONGOING OPERATIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL THE CITY OF FORT WORTH 3Q_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN• VICKI MC DONALD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 THROCKMORTON ST OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE ' Frank Swin le/SCC ACORD 25(2001106) FAX: (817)392-8092 ©ACORD CORPORATION 1988 RightFax 6/30/2005 1 : 49 PAGE 3/3 RightFax IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) CERTIFICATE INSURANCE STANDARDY INSURER x f E t k 4 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: CITY 9CA �``QY FT. WORTH, HX, EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award • /8g axe �--- aoa3 �✓ 006 4603 �`:&*W /,fb dw -+- eA List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion Pak e-rs-T- List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety 7 Bond# 93q797 / PERFORMANCE BOND I THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, -(^1) C. Green Scaping, LP , as Principal herein, and (2) corporation organized under the laws of the State of 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 Two Hundred Forty Thousand, Two Hundred Ninebl Five Dollars and No Cents Dollars ( $240,295.00 ) 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 written contract with the Obligee dated the 29th day of June , 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of BRICK PAVE ENT REPAIR 2005-27 AT VARIOUS LOCATIONS Project No. GS93-020930541170. - NOW, THEREFORE, the condition of this obligation is such, if the said Principal i shall faithfully perform the work in accordance with the plans, specifications, and i 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 E reimburse and repay Obligee for all outlay and expense that Obligee may incur in I making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 29th day of June , 2005. C. Green Scaping, LP- PRINCIPAL ATTEST: By: (�2('�� 2�� Name: Cathleen Ruiz (Principal) Secretary Title:President of C. Green Enterprises, Inc. Its General Partner (S E A L) Address: 8917 Cardinal Lane N. Richland Hills, Texas 76180 Witness as to Principal SURETY ATTEST: By: C /- Name: O�_, r1,1 f Secretary Attorney in Fact (S E A L) Address: [�7 Z f IWitness s to Surety Telephone Number: [ NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. 1 1 BOND# 43 -29'7 1 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) C. Green Sca in LP , as Principal herein, and (2) C?� Ce a corporation organized and existing under the laws of thd State of(3)T`-L(.h§ , 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 Two Hundred Forty Thousand, Two Hundred Ninety Five Dollars and No Cents Dollars ( $240,295.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the ; Obligee dated the 28th day of June , 2005, which contract is hereby referred to ` and made a part hereof as if fully and to the same extent as if copied at length, for the following project: BRICK PAVEMENT REPAIR 2005-27 AT VARIOUS LOCATIONS Project No. GS93-020930541170. ; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; x otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 28th day of June , 2005. i C. Green Sca in L PRINC AL ATTEST: By: Name: Cathleen Ruiz (Principal) Secretary Title:President of C. Green Enterprises, Inc. Its General Partner (S E A L) Address: 8917 Cardinal Lane N. Richland Hills, Texas 76180 Witness as to Principal SLae'-Iije-� L-T4\-s CcJ"-�-rr r t SURETY ATTEST: By: -- Name: (?Arn Secretary Attorney in Fact (S E A L) Address: ski Pu../so .'-R -75024 Witness as to Surety Telephone Number: NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. CITY k�"AAHV Bond# J MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That C. Green Sca in LP ("Contractor"), as principal, and, T� s�ee a corporation organized under the laws of the State of ("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 Two Hundred Forty Thousand, Two Hundred Ninety Five Dollars and No Cents Dollars ( $240,295.00 ), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 28th of June , 20 05, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: BRICK PAVEMENT REPAIR 2005-27 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930541170 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two)dears and x WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 28th day of June , A.D. 2005. C. Green Scaping LP PRINCI AL ATTEST: By: Name: Cathleen Ruiz (Principal) Secretary Title:President of C. Green Enterprises, Inc. Its General Partner (S E A L) Address: 8917 Cardinal Lane N. Richland Hills, Texas 76180 Witness as to Principal c kc- Jn S SURETY ATTEST: By: -- Name: � � Secretary Attorney in Fact (SEAL) rasa: _D� / h o R, � Witness ai to Surety Telephone Number: �"l "�" NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. SureTec LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas,and having its principal office in Houston,Harris County,Texas,does by these presents make, constitute and appoint Michael P.Whisenant,Cam Fletcher, Jan Parker,Sonia Lara, Martha M. Elliott of Plano ,Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does notexceed Five Million------------------------------------------------------------------------------------------------------------------------------------------------------ dollars ($ 5,000,000.00 )and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adppted'at a meeting held on 20`h of April, 1999.) In Witness Whereof. SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto.affixed this "i 3th day of December,A.D.2004. SURETEC INSURANCE COMPANY Corporate Sealo bB Y: � ............ — State of Texas John Knox,Jr., County of Harris ss: President On this 13th day of December A.D. 2004 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Notary Seal 4a°ta z Rhonda McCary,Notary Public My commission expires September 11,2006 I,Richard W. Sauer,Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I'have hereunto set my hand and affixed the seal of said Company at Houston,Texas this*28th day of.lune 20 05 A.D. tuU�r. 7t 9'00 r 1 _. w 1 to 1 5 RIC f 7 a er 1 ........ Corporate Seal A ssius .fit S "er tory � .,,,���^�° *This date must be the'sama as the date of execution of the attached instrument. t a t Z SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ------------------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. ------------------------------------------------------------------------------------------------------------------------------ Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. Triple Rider with warranty limitation rev. 11_03 1 0 Y F FORT blif f>R Vii, T rXIL,\S CONTRACT THE STATE OF TEXAS KNOW ALL IVIED BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 2 day of &Ana , 29 06, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing ander and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 192A., under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Cm G.Veen sen' aim, L" HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Ower, 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: BRACKPAVEMENTREPAR, 20065-27 T VA MOUS IOC AMIS Designated as project number, CS93-0209306,4117 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. elry auPER.9y R. WORK fix. - 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. q The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 90 (Nine ) working 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 210.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to f C-2 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 part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates NIA shall be TWO HUNDRED FORTY THOUSAND, TWO HUNDRED NINETY FIVE DOLLARS AND NO CENTS $240,295.00 i i C-3 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the 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 out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in LbK c counterparts in its name and on its behalf by the City Manager and attested by its Secretary, vAth the corporate seal of the City of Fort Worth a-riached. The Contractor has executed this instrument through its duly authorized officers in ; i Dj counterparts with its corporate seal attached. WHORL C-4 CITY �111M, Py Dene in Fort Worth, Texas, this the 2"M day of jure 12005 . REGOCWMENDED- IT;Y OF FORT bggf � T l "' F• DIRECTOR, DEPARTMENT OF ASSIST NT Cl MANAGER ENGINEERING APPROVED: DIRECTOR, TRANSPORTATION AND PUBLIC WORKS C. Green Scg in��} ATTEST: (Contractor) By&Through C. GREEN ENTERPRISE, INC. k6�z�( Its General Partner i CITY SECRETARY -- (SEAL) BY: ' (Representative)6 e r�t� t utho"z�tio President Date (TITLE) 8917 Cardinal Lane APPROVED AS TO FORM & (Address) LEG TY: ZT N. Richland Dills, Texas 76180 (City/State/Zip) SSI N CIE November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 Revised June 2001 ( " ifJ 11 i' �lr��n L'p•�/'�f1�1�, t��'//1,�u i C-5 _ PROJECT DESIGNATION SIGN 41 011 --- if/ it -0-K" f'OKTW PMS 288 PMS '167 3 11 3„ ET ., MAINTENANCE . - 3" PROGRAM - 1V2Contractor: ,i/2 2Contractor's --Name Y,2 1%2" TELEPHONE NUMBER 16%2" FORT WORTH IN LOGO- CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO- PMS .167 z . o W 3 V r_z o w U Q Y za 0 C U c.5 W Q ~ �Y In w(r0 _J atmF-Z 0 z W F- v)aZ _03 Z i cq V) oYz Z� P:w C7 Um~�0 0V 09 z Fr ooU) WV) 3: mLjw�o m� to 4 � o� Y o <w�wz� zo QU "�Ofw m UJm - ooz�o� oQf Z::)I, ¢o oV) Q- i (n ~ !�!o II� i� o0 wQ�L�J1I QQw (1I Q, V) o �(L LJ i� I' �a cnWp I Ii II Nom ' F- i I o \ v III i i/ V) o _ 'PI i ¢w m z V )�, o < . ii m x o �zW , w as I U � z Do�� o Wa ii o x o LLJ� J ¢ 0 0�-J W oa LOJ F- M CL o � m o om z Of I�► _i D �i i o oQ LLj �-�z om o �►I� I; wn WoZ �w �Nw m cn/ a �z Ui o°-i------U-CL 0 <r Y o o L----�o V)aZ IZ5 looz cvmN �; 1 I<0i- d `�' � JW pN i ' p•.' 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LU o 0 zX Z— in z wa w ap zU) �• ..' m a 3 ' uw z o a w m n . �z. CONE Jolfo-T SEA LANT BRICK OR CONC. \BRICK OR CONG BACKER ROD FIBERBOARD FILLER EXPANSION JOINT DETAIL. SCALE:. I° ti FL OR BLDG, 16.5 LINE ^ w w I I� 0 BENNETT BLEND TWO MODULAR (VELURE) �4 z :o; a• �G� v5 ro �G OF RPMF �`OpE Oto G NOTE-CONC.BASE UNDER WALKS ALONG EACH 10 CB. RADIUS TO BE INCREASED TO 6 oo FOR A DISTANCE OF 2'BEHIND BACK OF CURBS. _ _ _ :;. :.�: � :,;: •�. a,�q ray SCo . . Opp- EXIST. CB. a GUTTER O6 U cGrTF� s�q<J t TYPICAL. SIDE STREET ) TYPICAL SIDEWALK RAMP DETAIL 1 9-2-80 REVISED RAMP LENGTH AND BRICK PATTER-N R CR BL DG. LIFE t W 5.0' W rz 15.5 R.P. u) I, %F USUAL 1 i GS TRANSITION FROM MAIN ST CURE SECTION TO EXIST. -CURB THRU THIS AREA uNLESS SPECIFIED OTHERWISE IN THE PLANS. ( TYPICAL SIDE STPEET ) LOPE DIAGRAM - RAMPS 15' RADIUS SCA'.E: I"=5.0' z BRICK MAINTENANCE 2005-27 STREET FROM TO TYPE MAP CD CAMP BOWIE BLVD UNIVERISTY DR HULEN ST BRICK 76A 7 MAIN ST WEATHERFORD ST 9TH ST BRICK 62Z 9 Thursday,March 24,2005