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Contract 32373
„,.,t - CITY SECRETARY D.O.E. FILE `;ITY F”'^'IETARY CONTRACTOR'S BONDING CO 0NTi3At;T NO. 3a��7�5 CC?NSTRUCTION'l,q ('OPY SPECIFICATIONS AND CONTRACT DOCUMENTS 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I IN THE CITY OF FORT WORTH, TEXAS DOE No. 4817 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, P.E. - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING 7i, •'ai•,��.., •�tNf .r JAR,S ALA,I T ORIGI `� WWVV C"'T wVY Net.org Home I Council Agenda I H&C I Employee Directory I Morning Report I Ads I PRS I IT Online I Departments I Site Map Print M&C COUNCIL ACTION: Approved on 7/26/2005 DATE: 7/26/2005 REFERENCE NO.: **C-20869 LOG NAME: 30CIPINTRSCTN CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with McClendon Construction Company, Inc., for 2004 CIP Intersection Improvements Contract I RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of$185,820.00 and 90 calendar days for 2004 CIP Intersection Improvements Contract I. ' DISCUSSION: The 2004 Capital Improvements Program provided funds to make improvements/modifications to various intersections throughout the City. This project consists primarily of constructing left turn bays and modifying intersection geometrics in existing arterials. This project was advertised on April 21, 2005 and April 28, 2005. On May 19, 2005 the following bids were received: Bidders Amount Time of Completion f McClendon Construction Company, Inc. $185,820.00 90 Calendar Days Stabile & Winn, Inc. $201,008.35 Trent Bedford Investments, Inc., dba Skyline Excavation $205,524.90 Laughley Bridge & Construction, Inc. $228,829.20 Ed A. Wilson, Inc. $239,494.00 Northstar Construction, Inc. $244,900.20 McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to _ 27% M/WBE participation. The City's goal on this project is 17%. The contingency for possible change orders is $9,291.00. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 541200 203390018983 $185,820.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS w Mr CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO. 1 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I DOE NO. 4817 -' RELEASE DA'rE: May 12, 2405 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised anc amended as follows: 1. In the Proposal, revise the contract time to read Ninety(90) Calendar Days. Any reference to any other number of working days or calendar days for this contract listed in error shall be considered superseded by thin addendum. Please acknowled ae receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. R IP ACKNOWLEDGED; A. AS RADEMAKER, P.E. DIRECTOR - RTMENT 0 .ENGINEERING By: ryan Beck, P. Manager, Design Services ZO/z0 'd LZ9ZZ6£L I S 'ON XVA S30I ANES NO I SH 304 MAO Wd L120 INA 5002-£I-AVW CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I DOE NUMBER 4817 CHARLES R. BOSWELL CITY MANAGER ROBERT D. GOODE, P.E. DIRECTOR TRANSPORTATION &PUBLIC WORKS DEPARTMENT 2005 APPROVED )fN-xfxl)6 A.DOUGLAS RADEMAKER,P.E. C EPART T OF ENGINEERING .y RE6bMX4ENDED DATE TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Vendor Compliance to State Law 5. Minority and Women Business Enterprises Specifications 6. Special Provisions 7. Certificate of Insurance 8. Contractor Compliance With Worker's Compensation Law 9. Equipment Schedule 10. Experience Record 11. Performance Bond 12. Payment Bond 13. Maintenance Bond 14. Contract NOTICE TO BIDDERS Sealed proposals for the following: FOR: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I DOE#:4817 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 PM, Thursday, May 19, 2005 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents may be purchased for a non- refundable price of$30.00. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract, if made, will be within ninety(90)days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871- 7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. For additional information, contact Jim Deeter at(817) 392-7803. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. Director,Depart eat of/!;: ring By Bryn Beck, P.E. Manager, Design Services Advertising Dates: April 21, 2005 April 28,2005 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10)days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must(1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code. - In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law, or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent(100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the"General Provisions"of the Standard Specifications for Construction of the City of w Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as - amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a- 29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government - Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii)the actual _ per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit" pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and (b)above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. - (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten (10)days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury- $500,000 each person, $1,000,000 each occurrence($2,000,000 aggregate limit); Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: - 10/27/04 2 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 l of cancellation, non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. L 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. • 10/27/04 3 "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. T The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation")as appropriate is received by the City. The award of contract, if made, will be within ninety(90)days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT:The Contractor will receive full payment(minus retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: 10/27/04 4 A.Workers Compensation Insurance Coverage a. Definitions: Certain 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- LL 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or toner services related to a project. v "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or " personal delivery, within ten (10)days after the contractor knew or should have 10/27/04 5 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 Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to - provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period - shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project;and (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. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and - (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may 10/27/04 6 subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". } Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees,will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or 10/27/04 7 current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i)final quantities, or(ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. -• 10/27/04 8 PROPOSAL TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas FOR: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I DOE #: 4817 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 complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. 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 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. 1 LS. UTILITY ADJUSTMENT Dollars& Cents Per LS. $21,000.00 $21,000.00 S.P. 2. 2 EA. PROJECT DESIGNATION SIGNS Dollars& Cents Per EA. $300.00 $600.00 104 3. 980 LF. REMOVE EXIST. CURB& GUTTER Dollars& �0 00 Cents Per LF. $ $ %8Gb 104 4. 805 SY. REMOVE EXIST. CONCRETE PAVEM NT(SAWCUT SUBSIDIARY) o0 00 Dollars& $ 3— $ — �Gb Cents Per SY. S.P. 5. 907 CY. UNCLASSIFIED STREET EXCAVATION 106 Dollars& 00 00 Cents Per CY. $ $ 02,33 S.P. 6. 1039 LF. 6-INCH CONCRETE CURB Dollars& oa Cents Per LF. $ $ 112 7. 70 CY. BOW pp Ll–•I-vG Dollars& Alp Cents Per CY. $�r $ Byo = 2"10 8. 1383 SY. 6°C_9MPA CTED FLEXBASE u Dollars& m o o Cents Per SY. $ Iy — $ S.P. 9. 1255 SY. 7" REINFORCED CONCRETE 4 314 PAVEMENT y7 40 O'co 7�,, C✓ Dollars& $ 3 7 $�5 � Cents Per SY. 504 10. 238 SF. STD. 4" REINFORCED CONCRETE SIDEWALK, LEADWALK AND/OR WHEE CHAIR RAMPS mo o� Dollars& $_ $ Cents Per SF. S.P. 11. 1598 SF. PROP. STD. CONCRETE MEDIAN mow✓ Dollars& o4W a� �e Cents Per SF. $_ $ S.P. 12. 188 LF. THERMOPLASTIC PAVEMENT ST��+^u- Dollars& $ 3 oQ $ y A,,%. Cents Per LF. S.P. 13. 170 EA. TRAFF UTTONS rc¢ Dollars& 09 00 3 o Cents Per EA. $ $ /o S.P. 14. 10 CY. TOP SOIL 116 ELEVEN Dollars& NO Cents Per CY. $ 11.00 $110.00 S.P. 15. 1 LS. REMOVE EXIST.WTR SAMPLE / TA l0 ADJUST WTR SERVICE 00 S_'_ r_� �" Dollars& $ �.� $ 8� Cents Per LS. 16. 1 E �T �A E VALVE VAULT Dollars& Qo 0 iV. Cents Per EA. $ _ $ 3S'y 17. 3 EA. FURNISH/INSTALL SIGNAL HEAD 3 " SECT ON 12"RYG (TYPE A) Dollars& $ S0D $ ZyoO Al'- Cents Per EA. 18. 3 EA. FURNISH/INSTALL SIGNAL HEAD 3 SECT ON "RYG (TYPE B) Oo _ Dollars& $ $ Y Cents Per EA. - 19. 1 EA. FURNISH/INSTALL SIGNAL HEAD 5 � � S CTION 12"RYGYG (TMDollars& $ ?5'0 $ 9j •— oV'o Cents Per EA. 20. 5 EA. ✓ FUF NISWINSTALL 12° L.E.D. INSERTS St �� �/,✓� Dollars& 00 0_ Cents Per EA. $ $ 37.E 21. 676 LF. LOOP DETECTOR SAW CUT& INSTA L�4TION !X Dollars& $ ��lv A2 Cents Per LF. 22. 5 EA. FURNISH/INSTALL GROUND BOX- sSMALL L�� � a� �-vl�n Dollars& $ DD $ io Cents Per EA. 23. 40 LF. FURNISH/INSTALL CONDUIT PVC 3- INCH �OPEN CUT) vo -� Dollars & $ /y $ dO /yo Cents Per LF. 24. 310 LF. FURNISH/INSTALL CONDUIT PVC 1 1/4- INCH (OPEN CUT) // m" o S��X Dollars& $ tO $ ��lv Cents Per LF. 25. 645 LF. FURNISH/INSTALL 16 CONDUCTOR#14 SOLID (ELECTRICAL WIRE) -"-tA Dollars& $ 7 $ 2 � Ale Cents Per LF, 26. 1680 LF. FURNISH/INSTALL 4 CONDUCTOR#14 SOLID XELECTRICAL WIRE) Dollars& $ 2 $ Cents Per LF. 27. 926 LF. FURNISH/I STALL#8 AWG BARE CABLE(ELECTRICAL WIRE) Q ,V"- Dollars& $ $ g?�o _ o Cents Per LF. 28. 1 LS. REMOVAL OF TRAFFIC SIGNAL MISC. (AL OCATIO ) 00 op ✓� oo Dollars& $ Sabo $ A/,- Cents Per LS. 29. 1 LS. INSTALLATION OF�T.R(A}FFIC SIGNAL MISC. TESTIf�lG E:T• ( LL LOCATIONS) o� 0 0 /i` vhhu�. Dollars& $ $ Sao if/• Cents Per LS. 30. 1 XA. INSTALL 6-F OT MAST ARM '✓ Dollars& SBS. SBSo 0 Cents Per EA. $ $ 31. 1 EA. I T LL 40-F OT MAST ARM of k Dollars& sfl e_ Cents Per EA. $ S60 • S.P. 32. 2 EA. ADJUST WATER VALVE BOX TWO HUNDRED Dollars& NO Cents Per EA. $ 200.00 $ 400.00 S.P. 33. 1 EA. MANHOLE ADJUSTMENT THREE HUNDRED FIFTY Dollars& NO Cents Per EA. $350.00 $ 350.00 S.P. 34. 1 EA. ADJUST WATER METER BOX THIRTY FIVE Dollars& NO Cents Per EA. $35.00 $ 35.00 S.P. 35. 1 LS. TRAFFIC CONTROL PLAN (ALL �� j✓ LOC TI lVS) o�/ e Ole- Z, 0 Z�.a+�0 •v� 4"%414L/Dollars& $ /J`-00 $ 4"%414L/Dollars , CIO Cents Per LS. S.P. 36. 50 SF. PROP. CONCRETE MEDIAN DETAIL LENWOOD) PER PLAN $ 12, $ �� Dollars& Cents Per SF. S.P. 37. 50 SF. PROP. BRICK MEDIAN (HULEN/HARTWOOD) PER PLAN DETAIL $ $ �r Dollars& Cents Per SF. } TOTAL BID $ This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F)of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The 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 One N C�o�Ei�la#��84}Calendar Days from and after the date for commencing work as set forth in the - written Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth, Texas. Within ten (10) 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 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. (1/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: Addendum No. 1 (Initials) Addendum No. 3(Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Re a Ily submitted: By Address BAN WARM, PRESIDENT P.O. BOX 996 Telephone BURLESON, TX 76119 (SEAL) 817/295-0066 Date � 9 o FAX 295-6796 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders(out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable _ contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required �. to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, - are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. 011/ BIDDER: MCL.1NDON CONST. CO. MC. By: Please print) P.O. BOX 996 WRLESON, TX 7609? Signature: 817/295-0066 FAX 295-6796 Title: %,4 I� UFN90N,PR Wff City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION ATTACHMENT 1A Pape 1 of 4 FORT WORTH City of Fort Worth 05-25-05P02 :43 R'v+) Subcontractors/Suppliers Utilization Form PRIW COMPANY NAME Check applicable block describe prime c / �1, PR^O�JECT NAME: G, /� M/W/DBE NON-M/W/DBE 0 0 4 CV BID DT�_ DDS City's M/WBE Project Goal: Prime's M/WBE Projed Utilization: PAOJECVNUMBER 2 (o E q8 /7 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 NVWBEs listed toward meeting the project goal must be located in the nine(9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,Parker,Johnson,Collin,Dallas, Denton,Ellis,Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor,i.e.,a direct payment from the prime contractor to a subcontractor is considered 1"tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA),or the Texas Department of Transportation(TX DOT),highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized,the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm,including M/WBE owner-operators,and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT 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 ? (check one) C SUBCONTRACTOR/SUPPLIER Tr Company Name i N T Detail Detail Address M W C X E Subcontracting Work Supplies Purchased Dollar Amount r B B T 1 0 Telephone/Fax R o E E E C T E A S4 f 6leCIf ic tc _ Po (�dx 12lj"l(o 30 92(0 P4 Wo-AIT( 7(0/2-1 �tiSta /�atios. C9 17 15eo D - O SS Sr 2cwi 2&4iL'''fI � CA Ffc,Jo���iTX oserGr,k.t Z Zoo &1750/ - K(.s 7 �• l�(� 'l a 1 12..c cti..� 5'00c) Cac.N 3 rl/Ljr-'✓a/o,T� 766,15 1 qu16o 2 2 ov 3oi4gzS-37/1 " PICOC(VI 9LAQ( (o /20l Je&jG/ Pkwy ao .. E.4t (e55 Tx 7(,01/0 ue q6 60 81 7/(. t8 -6`s10 1 Z Z -7'f 5 /max /-SSG TYLt c ►kh F�x �ra sre.l 701 beh4/iav 70es6l F*- w041 T (-16q I V( �4e'�1eGe�s/ .32- vo 2)117 /5-2 4-gs-24 Cli441 8 c2 qU, -Z? 2S S2e a Rei.5t30103 ATTACHMENT IA 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/ BE firms first;use additional sheets if necessary. Certification (check one) c SUBCONTRACTORISUPPLIER T r N T Detail Detail Company Name i C X p Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D % Telephone/Fax r B B R o f E E C T E �., A (&Ce4 FAU Pdr� a� 20� ( ;x 2 2/ o ITx �s'aG (1p, R q?i-((oZ!-ossf 50%QP�.'s 1&�.` -- 2gooke 366 S�- 4 / F-� L-J'D A, Tx 76 <<i AAe�--uP(vr- 1d,-4,) V4 4 130 3 se(wi- vv- 4 U-10"(J 174790 t ��VCAC4 /37Y �- q?2- 355- 3S —60 Rev.5130/03 w ATTACHMENT IA FORT WORTH Page a of a Total Dollar Amount of M/WBE Subcontractors/Suppliers $ [t g ! (0 i Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 7 S ,/S 0 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 o CkangPlAdditiou. 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 n ed Signatur Printed Signature T1Ne Contact Namerritle(if different) C4D(I S/-G 4 01 '7k 5,3--06 6 6 Compaiy Nese Telephone and/or Fax 2 f D L ' �� / GfGh 0&C C/toll cWu W6tJ11ceCcc 414 A_ddWess E-mail Address l ZOn h T 760 ? oS Zs� Zoo S� clity,witemp Date Rev.5/30/03 It SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I DOE#: 4817 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Modifications to existing medians at various locations consisting primarily of the addition of left turn lanes along with and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. i This contract consists of the following four locations and shall be constructed in the following order: 1 Bryant Irvin/Overton Ridge 2 Bryant Irvin/Cityview 3 Hulen/Hartwood �• 4 Hulen/Glenwood As an aid to the Contractor in the preparation of his bid, a breakdown of the bid items for each section has been included at the end of the Special Conditions section. The quantity breakdown is for ` informational purposes only. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. Bidders .. are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, and City representatives shall meet for a preconstruction conference before any of the work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining 10/27/04 SP-4 contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. r 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these .. special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing" .. and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public"of the"Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates be paid. (Attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing .. utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility owner due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property owner. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be 10/27/04 SP-5 encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the pay item quantities prior to .. submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any .. time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Mft 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: 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 City, its officers, servants and employees, from and against any .. and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such Mft injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City .. 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 City, its officers,servants or employees. In the event City 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 City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, .. or(b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed 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. .. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12- A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may ,ft be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is 10/27/04 SP-6 incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine(5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation)and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state,or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission •. of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate"good faith effort", shall result in a bid being rendered non-responsive to specifications. .. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency(NCTRCA)or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine(9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the •• original contract, the MNVBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 10/27/04 SP-7 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the •. subcontractor. Within ten (10)days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and .. curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and ROW is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. .. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of .. authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC- 82, TWCC-83, OR TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent •. Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)or all employees of the Contractor providing services _ on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. dft 10/27/04 SP-8 0 d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing AM coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and •• for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the Contractor knew or should have known, or any change that .. materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by .. the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. am I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: am (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; am (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 „t 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 I• 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; 'm (4) obtain form each other person with whom it contracts, and provide to the Contractor: am (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to am the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; am 10/27/04 SP-9 (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. •r (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based .. on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: _ "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling,or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal", or"or approved equal"is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of 10/27/04 SP-10 an .o establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term"or equal", or"approved '° equal"is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the .. Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. .., 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. dft 25. CALENDAR DAYS: The Contractor agrees to complete the Contract within the allotted number of calendar days. A calendar day is any day of the week or month, no days being excepted. 26. RIGHT TO ABANDON: The City reserves the right to abandon,without obligation to the .. Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. .. 27. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth dft document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two(2)years from date of final .o acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. .. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra •ft compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the dft 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 10/27/04 SP-11 .m oft necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by .. Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications"Barriers and .. Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be •. approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site .. without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all .� materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine ,M days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. .. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way .. relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. 10/27/04 SP-12 .r (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) r for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to .. the job site. The ticket shall specify the name of the pit supplying the fill material. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless .• otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: .. The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that .. are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain � .� an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. ►� (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. 10/27/04 SP-13 a so (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended .• audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: .M The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of am stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished „m until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work no contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the w Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; •• The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the 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: 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: 1. 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. 10/27/04 SP-14 2. The Project Manager and the Directors of the Department of Engineering, Water Department, 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. 3. 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. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. 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. i 40. 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, i 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 may begin work prior to 10:00 .. a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 41. LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's Day January 1 .+e 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 ,r 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 �+ 9. Such other days in lieu of Holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council falls on Saturday, the holiday shall be observed on the preceding Friday or id it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. ... Employees working calendar day operations will consider the calendar holiday as the holiday. 10/27/04 SP-15 ,.. ow 42. WORK SCHEDULE: Elapsed calendar days shall be computed starting with the first day of work completed as defined above"CALENDAR DAYS"or the date stipulated in the"WORK ORDER"for +r beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from s working on Saturday, Sunday, or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the preceding Thursday. on b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such specific Saturday, Sunday or Legal Holiday. 43. TIME OF COMMENCEMENT AND COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request may be approved by Change Order. The contractor shall include all necessary information to substantiate the request. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on .. schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. .r If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. CONSTRUCTION NON-PAY ITEM No 1 CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No.2 SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No 3 PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by 10/27/04 SP-16 Am the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the .. current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No 4 CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, ,,. upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. NON-PAY ITEM No 5 PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work .. progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate �.. payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. .. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. +� NON-PAY ITEM No 6 PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM 7 NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 10/27/04 SP-17 NON-PAY ITEM 8 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: .. Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of .. construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the'pre-construction notification'flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the r' contract price and no additional compensation shall be made. NON-PAY ITEM 9 PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every �• effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. NON-PAY ITEM 10 SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be •• subsidiary to the unit cost of the respective item. NON PAY ITEM 11 SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. NON PAY ITEM 12 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect. The fees are as follows: The street permit fee is$50.00 per permit with payment due at the time of permit application. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. NON PAY ITEM 13 TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise 10/27/04 SP-18 directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination .s of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil- erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore,temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. �► 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or +• minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. .. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of .. waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 10/27/04 SP-19 MIN NON-PAY ITEM 14 SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING •• (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001 543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year 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, M148686-0994, or an .. approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement ., AS SUPPLIED Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 Skin-Over Time, minutes max. 60 Cure Time, days 14 to 21 Full Adhesion, days 14 to 21 AS CURED-AFTER 10/27/04 SP-20 a.. .a ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure " ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) , 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail"sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be SIM 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. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free �. water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump:The output shall be capable of supplying a sufficient volume of �~ sealant to the joint. 10/27/04 SP-21 AL 4.6 Injection Tool:This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width .. requirements. 5. CONSTRUCTION METHODS '! 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and j joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the"Construction Detail'sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high „ pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of •. the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove a stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will f 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 10/27/04 SP-22 pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He -• shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT u All costs involved with providing silicone joint sealant as required shall be considered subsidiary to this contract and will include furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. NON-PAY ITEM 15 TREE REMOVAL: ' At locations indicated on the plans, the Contractor will be required to remove existing trees. The Engineer prior to beginning work shall authorize any and all tree removal. .. All costs involved tree removal as required shall be considered subsidiary to this contract and will include furnishing all labor, equipment, tools and incidentals necessary to complete the work. NON-PAY ITEM 16 REFLECTIVE PAINT: The medians in Hulen Street (Hartwood and Glenwood) shall have their cubs painted per plan details. The paint used shall be "traffic yellow" reflective safety paint as manufactured by Ames Research Laboratories, Inc. or approved equal. The paint shall be elastic, contain stereoptic reflective glass beads, suitable for application to concrete, and reflect light when dry. The cost for supplying and applying this paint shall be considered subsidiary to this contract and will include furnishing all labor, equipment, tools and incidentals necessary to complete the work. NON-PAY ITEM 17 PAVEMENT MARKINGS: Prior to installing proposed striping and/or traffic buttons, the Contractor shall contact Mr. Ronnie Varnell, Transportation and Public Works @817-392-8067 or his designated representative at least 24 hours in advance to inspect and approve the position and alignment of all proposed pavement markings. PRE BID ITEM 1 UTILITY ADJUSTMENT: ` This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; 10/27/04 SP-23 however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor' responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PRE BID ITEM 2 PROJECT DESIGNATION SIGN: The Contractor shall construct and install 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'/" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. .. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PRE BID ITEM 14 TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. PRE BID ITEM 32 ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The .. water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PRE BID ITEM 33 MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. PRE BID ITEM 34 ADJUST WATER METER BOX: 10/27/04 SP-24 This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes,which are within 0.1' of specified parkway grade. i The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. .� PAY ITEM 5 UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. gar Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the ,. same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. PAY ITEM- 7" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314"Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage(cosmetic), then no further treatment will be needed. (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. PAY ITEM 6 6" CONCRETE CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for s the curb shall be deposited not more than thirty(30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7)calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 10/27/04 SP-25 PAY ITEM 3—REMOVE EXISTING CURB AND GUTTER: �• Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, e : tools, and incidentals necessary to complete the job. PAY ITEM 35-TRAFFIC CONTROL: .� The Contractor will be required to obtain a"Street Use Permit" prior to starting work. As part of the "Street Use Permit"a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued " under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27,29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at ` (817)392-8712, at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed,the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738)to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the ii permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods"as determination by the City Traffic Engineer and in accordance with the applicable provision of the"City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The Contractor will not be allowed to work both sections of Bryant Irvin or Hulen at the same time. On both Bryant Irvin and Hulen the Contractor will be allowed to close southbound lanes as needed from 7:00 am until 4:00 pm and the northbound lanes as needed from 9:00 am until 6:00 pm. Lane closures shall be kept to a minimum and subject to approval by the Engineer. Work hours will generally be restricted to Monday through Friday unless special circumstances are approved by the Engineer. The lump sum price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. Payment will be made in four equal installments coinciding with the four project locations. PAY ITEM 11 &36—CONCRETE MEDIAN PER PLANS: All applicable provisions of Standard Specifications Item 512"Concrete Medians" shall apply. Contractor shall include provisions for 1/2" premolded expansion joint material and silicone sealant between the back of curb section and the concrete median. The unit price bid shall be full payment for all labor, material, equipment and incidentals necessary to install the concrete medians including the expansion joint material, 3-inch pvc drain pipe @Hulen/Glenwood, and necessary silicone joint sealant. PAY ITEM 37—PROP. BRICK MEDIAN (HULEN/HARTWOOD) PER PLAN DETAIL: All brick pavers used on this project shall be Acme"Eureka"bricks, ruby red in color, or approved equal. The brick shall be straight edged, approx. 4"X 8"1 2 1/4"thick, with spacer nibs or lugs, and 10/27/04 SP-26 r� be a close match to the brick installed @ Hulen/Oak Park on block north of Hartwood in size, shape, and color. The apparent low bidder will be required to provide color samples for approval by the Engineer. The brick pavers will be set on a sand/cement bedding mixture as detailed in the plans. The sand used shall conform to ASTM C33 excluding all stone screenings that may pass the C33 sieve analysis. The cement sand ratio shall be 1 sack cement per 1 CY of sand or as directed by the Engineer. Filter fabric 12-inches wide will be installed over every construction, and/or expansion joint as well as all vertical surfaces. Once the brick pavers have been installed they will be vibrated into the sand bed. Sand conforming to C33 will then be swept into joints and vibrated again. All brick shall be installed per the .� manufacturer's recommendations. The price bid per square foot will be full payment for materials including all labor, equipment,tools and incidentals necessary to complete the work. PAY ITEM 13—TRAFFIC BUTTONS: The Contractor shall supply and install all materials necessary for the placement of traffic buttons to ^� delineate lanes, proposed left turn lanes, etc. as detailed in the plans. The unit price per each shall be full compensation for the contractor to supply and install Type 1-C-4 and Type W-4 traffic buttons as well as adequate amounts of Type III Epoxy. PAY ITEM 13—THERMOPLASTIC PAVEMENT STRIPING: All materials used shall conform to TXDOT Specification D-9-8220. Lines must have a minimum thickness of 0.090 inches(90 mil), and shall not exceed 0.180 (180 mil) per TXDOT Test Method Tex- 854-B. All lines must have clean edges, square ends, and be of uniform cross-section. The density and quality of markings shall be uniform throughout their thickness. The applied markings shall have no more than five percent, by area, of holes or voids and shall be free of blisters. All markings shall be reflectorized both internally and externally. Glass beads shall be applied to the materials at a uniform rate sufficient to achieve uniform and distinctive retroreflective characteristics when observed in accordance with TXDOT test method Tex-854-13. -.x Contractor's personnel shall be sufficiently skilled in the work of installing pavement markings. Markings that are not properly applied due to faulty application methods or defective product, and markings which are placed in the wrong position or alignment shall be removed and replaced by the contractor at the contractor's expense. If the mistake is such that if would be confusing or hazardous to motorists it shall be remedied the same day of notification. .r SURFACE PREPERATION AND APPLICATION On the beginning of each workday the kettle shall be clean and removed of all materials used the 4 previous day. Roadway surfaces shall be clean and free from dirt, grease, loose and/or flaking existing markings and other forms of contamination. New Portland cement concrete surfaces shall be cleaned sufficiently to remove the curing membrane. Pavement to which material is to be applied shall be completely dry. Pavement shall be considered dry �. if, on a sunny day after observation for 15 minutes, no condensation develops on the underside of a one square foot piece of clear plastic that has been placed on the pavement and weighted on the edges. ,.n 10/27/04 SP-27 Equipment and methods used for surface preparation shall not damage the pavement or present a hazard to motorists. .r. Markings shall be applied within temperature limits recommended by the material manufacture, and shall be applied on clean, dry pavement having a surface temperature above 50 degrees Fahrenheit. When markings are applied on roadways open to traffic care will be taken to ensure that proper safety precautions are followed, including the use of signs, cones, barricades, flaggers, etc. Work shall be performed with as little disruption to traffic as possible and freshly applied markings shall be protected .. from traffic damage and disfigurement. Temperature of the material must be equal to the temperature of the read surface before allowing traffic to travel on it. WARRANTY All markings applied under this agreement shall be fully guaranteed for one year, to be free from yellowing/darkening, crumbling and failure to adhere to the pavement surface. Retroreflectivity characteristics shall remain relatively constant. All defective materials shall be removed and replaced at the contractor's expense. All replacements shall be completed within 30 days of receiving written notification. In lieu of all other specifications within this document, contractor shall be solely responsible for ensuring that all methods and materials used in removal and application, produce high quality markings capable of exceeding these warranty requirements. The unit price bid for this item includes not only the installation of pavement striping as detailed above, but also any removal of existing pavement striping necessary to complete the work. .. PAY ITEM 15-REMOVE EXIST. WTR SAMPLE STATION &ADJUST WTR SERVICE: At the intersection of Bryant Irvin Rd. and Overton Ridge there is an existing water sample station that the Contractor shall remove. After removal, the Contractor shall contact Mr. Richard Talley of the Fort Worth Water Department @817-572-7008 and make arrangement to return it to him or his designated representative. The copper service to this station may have to be lowered n order to install the paving as detailed in the plans. The Contractor shall verify whether or not any lowering or relocation is necessary. .r 10/27/04 SP-28 ..r (To be printed on Contractor's Letterhead) Date; DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days Alqq Al � 3 lMW an THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES — RECONSTRUCT THE STREET> ON OR aw AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 10/27/04 SP-29 .r CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving &Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 .r Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY&less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 a. .r � J L. v LU LU lyU ¢ ma �' 3w p ¢ LU QQg¢Jw z m a ��mw az _ c0.� c�i� � � ¢z � Q sw LLY, �� p HWUVYoC9 as _ p J W �h z z U p J ~UwWUO� Ow w z o ZH_UW�pw0w Oa ton 000 0�W000W J (.j z0 0 (L F- z O z UUU J_3r1 _ �w J¢ a) LLIO Ixs U LU w ? 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C. NOOLo 0 O O 0 C. O ma A!Oryuul luetig Lo to 0 T o0 W Ln N O to _O Lo O t0 to Lo NN CON NOhnM000NNrtoO V N coMN a-OOOONOO L'1 OOd '-M V r- co h co M -V V"M 00 O poomualE)/uelnH u� � vo rn h_ h_ v Ln N N v h O tt) �7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 O O O r N N N N r O L f 7 poomueH/ualnH Ln Lo 0 CM LO (� O O r co M M N tO Cfl O cov 00 O O O O O O O O O O O O O O O O O O O O O O O M A d W rNM Lo CO ha0OOrNM7 to tohoD tAO NM � LO Co hN'00, NM V' LC/foh r N N N N N N N N N M M M M M tM M M r -DOE # 2 911 PAGE 5 HO16, LAB NO. : 62774 LOCATIO T BOUND LEFT TURN LANE OF BELLAIRE DR. 90' E. OF EN --------- ------ --------------------------------------- -------------- { 10.50" HMAC 5.00" BROWN SANDY CLAY -W/GRA I 5.50" YELLOWISH BROWN SANDY CLA -------------------------- --------- --- ------------------------- I ATTERBURG LIMITS- 5.1 PL: 14.0 PI: 11.1 S { MUNSEL HART: 7/3 VERY PALE BROWN SANDY CLAY I HOLE.- LAB NO. : 62775 LOCATION: WES TURN LANE 0' E. OF S. HULEN I ------------------------- --- ------------------------------------- 10.50" ------------------------------------10.50" HMAC I **C TO VARIFY THICKNESS OF CORE #13 I HOLE # 18 LAB NO. : 62776 I LOCATION: NORTH BOUND LEFT TURN LANE OF S. HULEN 62' N. OF HARTWOOD I --------------------------------------------------------------------------I .,, 7.00" CONCRETE (COMPRESSIVE STRENGTH 5300 PSI) 9.00" BROWN SANDY CLAY I , 4.00" REDDISH BROWN SANDY CLAY I ----------------------------------------------------------------------------I ATTERBURG LIMITS: LL: 28.0 PL: 16.4 PI: 11.6 SHRKG: 7.0% I MUNSEL COLOR CHART: 5/3 BROWN SANDY CLAY I HOLE # 19 LAB NO. : 62777 I LOCATION: SOUTH BOUND LEFT TURN LANE OF S. HULEN 103' N. OF OAK PARK IN. I _ -------.--------------.---------.-------..----------------------------------- I 7.50" CONCRETE (COMPRESSIVE STRENGTH 8495 PSI) I 8.50" BROWN SANDY CLAY I 4.00" REDDISH BROWN SAND I --------------------------------------------------------------------------I ATTERBURG LIMITS: LL: 25.5 PL: 16.2 PI., 9.3 SHRKG: 5.0% I MUNSEL COLOR CHART: 5/4 YELLOWISH BROWN SANDY CLAY I HOLE# 20 LAB NO. : 62778 I LOCATION: 4920 BRYANT-IRVIN RD. SOUTHBOUND LEFT TURN LANE I " --------------------------------------------------------------------------I 6.75" CONCRETE (COMPRESSIVE STRENGTH 8457 PSI) I 7.25" STABILIZED MATERIAL (BROKEN 2:27) TO BEDROCK I .. on DOE # 2911 PAGE 6 HOLE # 21 LAB NO. : 62779 I LOCATION: LEFT TURN LANE ON CITYVIEW 40• E. OF BRYANT–IRVIN RD. I --------------------------------------------------------------------------I 6.75" CONCRETE (COMPRESSIVE STRENGTH 5062 PSI) I i' 7.25" BROWN CLAY W/CRUSHED STONE I 6.00" BROWN CLAY W/GRAVEL I --------------------------------------------------------------------------IE ATTERBURG LIMITS: LL: 48.8 PL: 27.7 PI: 21.1 SHRKG: 13.0% I MUNSEL COLOR CHART: 5/2 GRAYISH BROWN CLAY I HOLE # 22 LAB NO. : 62780 I LOCATION: SOUTH BOUND LEFT TURN LANE ON BRYANT-IRVIN RD. 77' N. OF I CITYVIEW I - --------------------------------------------------------------------------I 6.75" CONCRETE .(COMPRESSIVE STRENGTH 6948 PSI) I 9.25" STABILIZED MATERIAL TO SOLID ROCK I --------------------------------------------------------------------------I HOLE:_.#..23 LAB NO. : 62781 I LOCATION : EAST BOUND LEFT TURN LANE @ 5601 OVERTON RIDGE BLVD. I -----I 7.75" CONCRETE (COMPRESSIVE STRENGTH 8157 PSI) . I 8.25" YELLOWISH BROWN SANDY CLAY I — 4.00" YELLOWISH BROWN CLAY I - --------------------------------------------------------------------------I ATTERBURG LIMITS: LL: 45.6 PL: 20.3 PI: 25.3 SHRKG: 12.0% I •- MUNSEL COLOR CHART: 7/4 VERY PALE BROWN CLAY I --_______________________________________________________________________1 LAB NO. : 62782 — LOCAT IGHT TURN LANE OF I-20 SERVICE RD. 47' W. OF BRYANT– RD. I ------------- ------------------------------------------ -------------I 7.000 CONCRETE ( SSIVE STRENGTH 4804 PS I .� 2.00" HMAC i 5.00" BROWN SANDY CLAY I jAT ----------------- --------------- ------------------------------I ERBURG LL: 29.3 PL: 18.0 PI: 11.3 .0% I OLOR CHART: 7/3 VERY PALE BROWN SANDY CLAY.. LAB NO. . 62783 _ I LOCATION: URN LANE OF BRYANT–IRVIN RD. 25' –20 SERVICE RD. I -------------------- --------------------- ----------------------------I 7.75" CONCRETE (COMPRESSI N 8 PSI) I 2.00" HMAC I 5.25" BROWN SANDY C RAVEL I ------ ---------------------------------- -----) ATTERBURG S: LL: 41.4 PL: 20.9 PI: 20.5 SHRKG: 10.0% I MU N OLOR CHART: 7/2 LIGHT GRAY CLAY I /AL F , 2-1 PROJECT DESIGNATION SIGN 11/20 1 1/4" 7 cotyo bort Worthl ' 31,2" 11/4' 51/2' a " 3 3" 3•� 1r I" fjrgj ect T itI.e 40 11/2' Contractor: 21/2" contractors Name s 4'-0" 7 3/4" Scheduled Completion Date leai r MR 1 V2" 4'•0" M LONGHORN WHITE (BLUE BACKGROUND W/WHITE LETTERS) LETTERING+CI'TY OF FORT WORTH-BOOKMAN DEMI ITALK PROJECT TITLE ,CONTRACTOR 0 DATE IM 11ELVE1ICA TECHNICAL SPECIFICATIONS City of Fort Worth Transportation and Public Works TRAFFIC SIGNAL DESIGN GUIDELINES '~ March 2004 The following guidelines shall be used for the engineering design of traffic signal installations within the City of Fort Worth. These guidelines shall be secondary to the Texas Manual on Uniform Traffic Control Devices (MUTCD), the National Electric Code(NEC), and the National Electric Safety Code(NESC).This document is intended to be a general design guideline and shall not substitute for engineering analysis and engineering design recommendations. Variations from these guidelines should be documented in the signal file. I. BASIC DESIGN A. Signal heads Traffic signal heads should be arranged in accordance with MUTCD. Generally,two heads are used for major approach movements,but a third signal head may be provided if a left-turn lane exists and the possibility exists of needing a future left-turn phase. Signal heads should be mounted on mast arms unless otherwise needed for exclusive lane movements,e.g.: right turn lanes or a protected/permitted left turn where the median width is greater than 30 feet and motorist may pull outside the 20°cone of vision, then the designer should consider mounting a signal head on a signal pole up-right. - Heads should be vertically aligned. Horizontally mounted alignment should only used to accommodate visibility restrictions. All signal heads should be federal yellow in color. 12-inch signal lenses shall be used in all instances for traffic signals. 8-inch heads will be only used for warning devices such as school flashers and advanced warning flashers, and at intersections within the CBD area. Light emitting diodes (LED)lamps will be used for all indications and pedestrian indications. Protected plus Permitted Left-turns: The 5-section "cluster",or"house head,"lens arrangement should be used for protected/permitted left turn movements for mast arms mountings. If a mast arm can not be provided due the geometry of the intersection,then vertically arranged 5-section heads should be mounted on pedestal poles or signal pole up-rights. A LEFT TURN YIELD Y. ON GREEN (R10-12) sign shall accompany all protected plus permitted left turn signal head installations. R Protected Left Turns: One 3-section turn head should be provided for protected left turn movements. This display is composed of red ball, yellow arrow and green arrow. LEFT TURN SIGNAL(R10-10L) should be placed adjacent to left turn head. Louvers are not used unless required to restrict visibility from conflicting movements. Dual Left Turns: Where engineering analysis deems it necessary to provide dual left turn movements,then a left turn head shall be provided for each left turn lane. 03/25/04 Pagel of 13 Split Phasing Where engineering analysis deems it necessary to split approach movements,then the left most signal head shall be a four section head. This display is composed of a solid red, a solid yellow,a solid green and a green arrow. Pedestrian Accommodations: Pedestrian heads and push buttons should be used to permit the safe crossing of all intersection approach legs. All new signals should have ADA push buttons and signing as shown on CFW signal standards sheets. If an approach does not have pedestrian heads,then the symbol "no crossing" (R9-3A) sign should be provided. ADA accessible wheelchair ramps should be included on all traffic signal projects where none currently exists. Back plates: Generally back plates should only be used and maintained in following cases: • At all CBD intersections; • On State maintained intersections where traffic signal plans specifically call for back plates; • Where needed as determined by the Engineer to provide good visual contrast. B. Cabinet Placement Signal cabinets should be located for convenient access by signal maintenance staff. The cabinet location should have reasonable access by signal technician vehicles with minimal blocking of travel lanes. If possible,the cabinet should be located near off-street parking or on the departure side of the intersection. Location should also be sensitive to vehicular movements that could hit the cabinet.The cabinet should be placed to allow personnel a view of the controller face and the detector amplifiers, and also provide a good view of vehicles at intersection and traffic signal indications. Cabinets should not be located in center medians. C. Ground Boxes Two sizes of ground boxes are used, small (approximately 11"x 18" opening) and large (approximately 19"x 31"opening). A large ground box is typically placed near the controller cabinet to accommodate multiple conduits. Ground boxes shall be constructed of polymer concrete in accordance with Texas Department of Transportation's (TxDOT)Specifications. A concrete apron should be provided around ground boxes not located in sidewalks. The apron should be 1-foot wide, 3-1/2 inches thick and have #10 concrete mess wire or two#3 steel bars for reinforcement. D. Conduit Three-inch conduit should cross at least three legs of the intersection and the intersection may be boxed with conduit if deemed necessary by the Design Engineer. No conduit shall be filled greater than 40%of its capacity in accordance with the NEC (a worksheet is provided in Appendix `C'). All underground conduits shall be Schedule 40 PVC. Rigid metal shall be used for all conduits above the ground. 1 1/inch conduit should be used for electric service conductors and vehicle detector lead-ins for set back loops. 03/25/04 Page 2 of 13 E. Cable A 20-conductor, 14-guage stranded cable should be provided from the controller cabinet to each pole foundation.A bare 8-gauge bonding conductor shall bond all the intersection's grounding rods together and lead back to the cabinet grounding bus. Luminaries shall be wired in a parallel circuit from the power service point around the intersection. Two#8 AWG stranded cables (one black and one white) shall run to each pole with luminaries' heads bypassing the controller cabinet. Luminaries are not metered; they are provided electric service on a flat rate. F. Poles and Mast Arms Poles should be kept out of median areas to reduce the chance of knockdowns. Poles should be located as far away from the back-of-curb as possible given the available right-of-way and existing utility conflicts. Where possible,poles should be located near the intersection of sidewalks to provide easy access to the pedestrian push buttons. Mast arms shall be long enough to extend over the center of the left most approach lane. Street light heads are typically used at all four-corners to provide a high level of illumination. Caution should be taken to ensure that NESC spacing requirements to overhead electric lines are not violated. A mast arm stabilizer(harmonic dampening device)is required on all arms greater than 36 ft in length. Surface Treatments: Typically,poles are left with the natural galvanized surface. Older non- galvanized steel poles are painted aluminum color. In certain locations, a special paint color may - be required on all signal pole hardware as noted below: Cultural District area: Cultural District Green; CBD and the Fossil Creek area: Urbanscape Brown; • Stockyards area: Brick Red. G. Controllers and Cabinets The Type 170 controller shall be used at all intersections. Two types of 170 cabinets are used: tall cabinets (332)and short cabinets (336). The 332 cabinets are used as the primary type of signal cabinet. Both cabinets can perform 8-phase fully actuated control. The 332 cabinet can accept more loop detectors and has more internal room. The 332A cabinet with the auxiliary load bay is reserved for diamond interchange locations, or intersections with greater than five approach legs. The 336 cabinet is used at locations that require a pole mounted cabinet, "T" intersections, or intersections with unique geometric conditions where a limited number loops or phases are required. 03/25/04 Page 3 of 13 H. Detection Systems Detector design should accomplish a signal operation with minimal delay, offer safe operation, and minimize maintenance of the detection system. Types of detection systems in use currently include the following: • Inductive loop detection; • Microwave (presence); _ • Microloop TM; and • Video detection. Video detection systems should be used when the cost of loops exceed the cost of video detection or existing roadway pavement material, such as pavers,private driveway,etc.,prohibit loop installation. Video detection may also be required at critical intersections such as highway/ arterial interchanges or the intersection of principal arterial roadways. If video detection is used, then the cameras shall be labeled according to the following guidelines: • Camera#1 shall detect phase 02 and/or phase 05 _ • Camera#2 shall detect phase 04 and/or phase 07 • Camera#3 shall detect phase 06 and/or phase 01 • Camera#4 shall detect phase 08 and/or phase 03. Left turn lanes: A single 6' x 40' quadripole loop should be used. Split-loops (two 6' X 20' quadripole) may be used for left turn bays where cars may not be detected or a pavement expansion joint exists. Splits loops may be configured 10 feet apart, with the leading edge generally even with the median nose. Right turn lanes: Loops are typically not required in right turn only lanes. Major street and minor street through lanes: Presence loops are used if vehicle speeds are less than 35 mph. Presence loops at stop bars are 6' x 40' quadripole loops with leading edge set 10 feet behind the curb line of the major cross street. (The designer should be cognizant of the loop lead-in possibly crossing a pavement expansion joint and call attention to the standard detail sheet for loop installation.) Set back loops are used for approaches of 35 mph through 45 mph. This design places the loop at the back of the dilemma zone. Setback loops are 6' x 6'. Table 1 Set Back Loop Placement (Assuming a 5 second travel time) Approach Speed: Detector Set Back from (Mph) (fps) Stop Bar(feet) 35 51 260 40 59 300 45 66 330 For speeds 50 mph or greater, a multi-loop design is used. This design places a 6' x 6' loop in each lane. 03/25/04 Page 4 of 13 Table 2 Multi-Loop Placement* Approach Speeds Detector Set Back for Stop Bar Extension (feet) (sec) (mph) (fps) 50 74 220 350 N/A 2.0 55 81 225 320 415 1.2 60 89 275 375 475 1.4 65 96 320 1 430 1 540 1 1.2 70 103 350 1 475 1 600 1 1.2 •From Applications Manual/Detector Chapter.TxDOT-Traffic Operations Division-Traffic Management Section-Austin,Texas Additional loop placement considerations: Check intersection or roadway for any expansion joints or change in pavement types that will affect loop detector or lead-in installation. If either of these pavement conditions exists, the loop may be split on either side of the joint. Lead-ins shall not cross expansion joints. One loop detector should be use for each lane. One loop lead-in cable should be used per loop detector. If brick treatments are planned for the roadway,efforts should be made to place loop detectors in concrete base before bricks are installed, or use alternate detection systems. Loops lead-ins shall be 18 gauge,four-conductor cable that is twisted and shielded. Loop leads should be numbered according to Section 2 F. Video Detection Areas: Video detection areas should graphically illustrates as dash lines. Stop bar detection areas should be shown as 6' x 40' dashed rectangles, while set back loops should be shown as narrow dashed rectangles crossing all approach lanes. Both areas should be labeled. For set detection areas, the distance from the stop should given as well as distance tie to any roadside object that may assist with loop placement through the video monitor. I. Phasing All phasing should be according to the City's Traffic Signal Operations Guidelines as summarized below: • Each intersection approach should be phased individually for greater operation flexibility. Concurrent movements should be accomplished through controller functionality rather than field wiring. • The engineer should strive to use the minimum cycle time phasing. Left turn phasing should be used if justified by engineering analysis. • Protected/permitted left turn phasing should be used unless sight restrictions are present, or a combination of opposing travel speeds and intersection width require the use of protected only phasing. • Phasing should be designed to match traffic movements at the intersection. The use of phasing schemes that vary by time-of-day is acceptable. • Right Turn Overlap phasing may be used for exclusive right turn lanes. 03/25/04 Page 5 of 13 J. Signal Operation Most signals operate fully actuated 24-hours a day. Flash Operation: Signals can operate in flash mode as follows: • Conflict flash: yellow/red or red/red should be used based on intersection traffic demand, but should generally follow the same guidelines used for late-night flash below. • Late night flash: yellow/red shall be implemented at intersections with more than 75%- 25%volume split; or red/red on intersections with less than 75%-25% volume split. Coordination: Coordination is implemented if a coupling analysis shows benefit based on traffic volumes and intersection spacing. Coordination groups may vary by time of day and day of week based on link volumes. Diamond Operation: All diamond intersections should use 3-phase(Figure 3) and/or 4-phase (Figure 4)operating schemes. Phasing schemes with Nema phasing and overlaps, or split ring operation may also be used if warranted using computer models, such as Synchro or PASSER- III. Connection to Traffic Signal System Software: All new and reconstructed traffic signals should be connected to the QuicNet traffic signal system software. Interconnect by the use of CATV drops shall be part of any new or rebuilt installation outside the CDB area. Within the CBD area dedicated cable is available. K. Pavement Markings All signalized intersections should have parallel bar crosswalks. Crosswalk markings are 12" wide solid white lines. Stop bars are 18"wide solid white lines. J. Emergency Vehicle Preemption (EVP) OpticomTM equipment should be used as the standard for EVP. All new and major reconstructed signals will include OpticomTM equipment on approaches identified by the Fire Department. II. DESIGN PLANS A. Plan Preparation The traffic signal construction plan set should consist of at least 3 sheets per location: • Traffic Signal Design Layout sheet showing all known existing utilities and all proposed traffic signal equipment installation details. • Signings and Markings Layout sheet showing all existing and proposed signs, and showing all existing and proposed pavement markings. This sheet should include estimates of the materials required to complete the work proposed on the sheet. 03/25/04 Page 6 of 13 • Sidewalk Ramp Layout sheet showing existing and proposed sidewalks and ramps. This - should include a table summarizing the estimated yards of concrete required to complete the proposed work. Two additional sheets may be required based on the existing intersection conditions and engineering recommendations: • Existing Conditions Layout showing existing traffic signal or flasher equipment that is to be - removed from the intersection. • Geometric Modifications Layout sheet showing intersection improvements and demolition items. Minor improvements such as cutting back a median mose may be included on the Sidewalk Ramp Layout sheet. All plans shall be produced in MicroStation format. These plans must be compatible with the _ CAD software version used in the City's Traffic Engineering office. When submitting electronic copies of the plans,do not use any reference files;the plan drawing should be fenced and resaved. Preliminary plan submittals: The preliminary plans should be submitted as follows: 2 sets of 11"x 17"plan sheets at a scale of 1"=50'. Pre-final elan submittals: The pre-final (95%)plans should be submitted as follows: 2 sets of 11" x 17"plan sheets at a scale of 1"=50'. Final submittals: The final (100%)plans should be submitted as follows: 1 set of 11"x 17" mylar reproducible; 3 sets of 11"x 17"plan sheets on bond paper; and MicroStation files on 4 compact disk. B. Site Specific Information The following items should be evaluated durin 3,the initial design stage & shown onplans: Street names On street parking Street widths and dimensions Driveways Lane widths and dimensions Curb &gutter Lane lines Pavement edge if no curb &gutter _ Existing conduit and ground boxes Sidewalks Street lights and conduit Sidewalk Ramps Sewer lines and manholes Land use each corner } Storm drain lines and sewer inlets Trees or other vegetation Water lines and fire hydrants Building lines within 15' of curb face Other utilities overhead or Underground ROW lines dimensioned to face-of-curb Telephone Utility Poles by Owner CATV TUX Electric Bell Telephone Gas Street Lights Fiber Optics Other Other Proposed electric service location Existing signage and pavement markings 03/25/04 Page 7 of 13 C. Area Specific Information The engineer should note the following facilities and evaluate incorporating them into the signal �. design where possible: • Fire stations • Hospitals �- • Schools and school routes or crossings • School zones or flashers • Adjacent signalized intersections • Railroad crossings D. Signal Information The engineer should make special note of, and include specific facilities for railroad interconnect to railroad cabinets. Appendix `A' is a checklist of items that the engineer should be certain to include on the plan sheets and are clearly labeled. E. As-Built Plans v City staff will update electronic copies of the plan sheet after installation is complete. The sheets will note field changes recorded by the Inspector. Copies will be printed and labeled As-Built. Copies will be distributed to signal maintenance personnel for future reference. F. Standard NEMA phasing The standard phase numbering scheme is shown below. TYPICAL NEMA PHASING in ro os 01 04 07 Major Street 08 < os 08 t_ 07 �_ —a 04 03 \ 01 �02 Minor Stre05 02 03 08 et Major Street Runs North-South Major Street Runs East-West 03/25/04 Page 8 of 13 Typical loop layout and numbering MAJOR STREET with Prot/Penn I E51[51' Left Turn mil m 08-2 0a `x+0 �e-r MINOR STREET c x.° s x+o 03 03 with Protected <-2 6'x+0 Left Turn 04-312 14-3 c'x+°• + MINOR STREET with Permitted ID Left Turn I I = x +o n: 02 1 1 :n5 IN1 � MAJOR STREET aL&, with Protected Left Turn The following method shall be used to label each loop ., detector.Each loop detector shall be labeled according MAJOR STREET to phase and a number.Typically each individual loop with two will connect to one channel of a loop amplifier card.If Left Turn Lanes two loops are connected to the same amp,then both 01 _ loops will have the same label. The adjacent drawings provide example street configurations and typical loop labeling schemes. Numbering rule:inside to outside,front to back. 06 i x x w *type NSION JOINT e•x+a 0H-2 `x+0 0e-1 MINOR STREET QJ4 408 t with calling loop 04 ilii-6 2 •''•'•• &presence loops X54-63Loops around expansion joint or change in aveme({fit-1& W-4 are t together in pull box). 02 gIB�� MAJOR STREET with multi-loops. 03/25/04 Page 9 of 13 APPENDIX `A' Plan sheet checklist: Poles: ❑ Type (i.e., wood, steel, 16A,etc.) ❑ All non-city poles utilized for signal hardware. ❑ Mast arm lengths ❑ International pedestrian heads &ADA push buttons. ❑ Street lights on poles ❑ Dimension location from curb or sidewalk Heads: ❑ Numbers ❑ Signal Faces ❑ Placement ❑ Louvers or 3M programmable lens ❑ Lens—all L.E.D.'s ❑ Pedestrian ❑ Head Size ❑ Distance between heads (shown dimensions) Detectors: ❑ Phase &Loop Number ❑ Dimensions ❑ Distance back from stop bars for setback loops ❑ Rectangular or Quadripole ❑ Type of loops: presence, setback, split-loop,calling, and queue. Other Notations: ❑ Service location ❑ Interconnect notes ❑ NEMA Phasing Chart ❑ CATV Cable drop ❑ North Arrow ❑ Scale Bar ❑ Title Block ❑ Legend ❑ Location Number ❑ Drawing Number Signs and Markings Layout: ❑ Stop bars ❑ Lane Buttons ❑ Left turn signs and arrows(no pavement markings except dual left turns) ❑ Right turn signs and arrows ❑ Other signs and markings as necessary 03/25/04 Page 10 of 13 APPENDIX `B' LEVEL SYMBOLOGY OBJECT I LEVEL I COLOR STYLE I WEIGHT I SC.FACTOR Note:Curb= DOUBLE LINES 8"APART GEO.OF STREET 1 0 0 0 N/A SIDEWALKS 1 0 0 0 " ST. LIGHTS 2 3 0 1 " ST.LIGHT POLES 2 3 0 1 " SIGNAL POLES 2 3 0 1 " MAST ARMS 2 3 0 1 " SIG. HEADS Ian 2 3 0 2 " CONTROLLER CAB'T 2 3 0 1 " FIRE PLUG 2 15 0 1 " WATER METER 2 15 0 0 " SIG. HEAD elevation 2 114 0 2 " PED. HEAD elevation 2 2 0 0-1 " Note: use gray scale for utilities&label @ 3"oc GAS 3 3 GAS(0) 0 LOOPS 3 37 1 1 cell S.W. BELL 3 48 TEL 0 0 NA S.W. BELL MAN HOLE 3 39 0 0 ELECTRIC 3 48 E 0 0 STORM DRAINS 4 1 0 1 cell STORM DRAINS M. H. 4 R.W.O. LINES 5 6 phantom 1 7 STOP BARS 6 0 0 1 cell LANE MARKINGS 6 0 0 1 cell CROSSWALKS 6 0 0 0 cell DEMINSIONS 7 1 0 0 TEXT 8 0 0 1 Note: Import Aerial font from Micro Soft to Micro Station Water lines 9 127 0 SIGNAL CONDUIT 10 3 3 2 0R 3 CONDUIT CHART 12 0 0 1 1 cell BORDER 12 0 0 1 cell PH.DIAGRAM 12 0 0 1 cell PH. SEQUENCE DIA. 12 0 0 1 cell LEGEND 12 2 0 1 cell TITLE BLOCK 12 0 0 1 cell N.ARROW 12 0 0 1 cell 03/25/04 Page 11 of 13 APPENDIX `C' ?Cable T}( e Size Diameter Area Total Number Area AWG _ of Cables single conductor White # 10 0.160 0.080 0.000 0 single conductor Black # 10 0.160 0.080 0.000 0 single conductor White # 8 0.270 0.229 0.000 0 single conductor Black # 8 0.270 0.229 0.000 0 Bare #8 0.129 0.052 0.000 0 Opticom Cable (3 cond. #20 0.270 0.229 0.000 0 Shielded) CCTV Coax RG 11 0.405 0.515 0.000 0 CCTV Coax RG6 0.000 0.000 0 4 cond. Shld. Loop Lead-in # 22 0.225 0.159 0.000 0 Cable 4 cond. Shld. Loop Lead-in # 18 0.000 0.000 iD j Cable i 2 cond. Shld. Loop Lead-in # 14 0.335 0.353 0.000 0 j Cable 4 conductor # 14 0.360 0.407 0.000 0 8 conductor # 14 0.565 1.003 0.000 0 12 conductor # 14 0.633 1.259 0.000 0 16 conductor # 14 0.690 1.496 0.000 0 20 conductor # 14 0.770 1.863 0.000 0 24 conductor # 14 0.895 2.516 0.000 0 32 conductor # 14 0.975 2.986 0.000 0 Total 0.000 Total Number of Conduit Diameter Area Area Conduit 1" 1.000 3.142 0.000 0 1 1/4" 1.250 4.909 0.000 0 2" 2.000 12.566 0.000 0 3" 3.000 28.274 0.000 0 4" 4.000 50.265 0.000 0 _ Total _ 0.000 i If positive number, then 0.000 conduit is large enough to 60% void:_ Notes: (1) If service is less than 400 feet use # 8 for service wire. (2) If service is between 400 and 800 feet use #6 service wire. 03/25/04 Page 12 of 13 03/25/04 Page 13 of 13 Version Updated: 09/10/2004 SPECIFICATIONS FOR TRAFFIC SIGNAL POLES AND MAST ARMS 1.0 General This specification states the minimum acceptable requirements, materials, and workmanship for steel poles, mast arms, and miscellaneous hardware for traffic signal, sign, and street light support to be supplied to the City of Fort Worth, Department of Transportation and Public Works. These specifications should be used in conjunction the standard details sheets for traffic signal poles and traffic signal pole foundations. 2.0 Fabricator Fabricator shall be certified under Category I, "Conventional Steel Structures" as set forth by the American Institute of Steel Construction Quality Certification Program (AISC). Proof of this certification shall be submitted with the bid submittal to assure that the fabricator has the personnel, organization, experience, procedures, knowledge, equipment, capability and commitment to fabricate quality Traffic Signal Pole Structures. 3.0 Design Pole shaft, base plate, anchor bolts, mast arm, and structural connecting hardware shall be designed in accordance with loading and allowable stress requirements of the 1985 AASHTO "Standard Specifications for Structural supports for Highway Signs, Luminaires, and Traffic Signals". Loading shall be based on an Isotach wind velocity of 80 mph. If requested, calculations and detail drawings shall be submitted for verification of compliance to these specifications. 4.0 Tubular Members The tubular member's cross-section shall be round and shall have a constant linear taper of 0.14 inches/foot. It shall be fabricated from conforming to the requirements of ASTM A595 Grade A. Tubular members shall be of the same thickness throughout the length of the entire member. 4.1 Mast Arms The mast arms shall have a horizontal length as called for on attached drawings. All mast arms shall be manufactured and shipped in one piece with no circumferential splices. A removable end cap for attachment on the end of the mast arm shall be supplied with each mast arm. Version Updated: 09/10/2004 4.2 Pole Shafts Pole shafts shall be 27.5 feet in height (type 41, type 43, and type 45) or 21 feet in height (type 42, type 44 and type 46) with the arm to pole attachment connection located at a height of 20 feet. Two hand-holes shall be reinforcing rim welded into the shaft of the pole and at 180 degrees behind the mast arm as shown in detail drawings. Hand-holes shall be supplied with a cover. Each pole shall be provided with a pole cap secured in place with setscrews or other suitable fasteners. A "C-hook"wire support near top of pole and a grounding attachment in the lower hand-hole shall be provided in each pole shaft. Four 1.5-inch couplings with plugs shall be provided on each pole for the mounting of signals and pedestrian signals. These mounting points shall be at a height of 11 feet above the pole base. Each type 41, type 43 and type 45 pole shall have a simplex luminaire arm flange that complies with our Street Luminaire Pole Details. 5.0 Base Plate The base plate shall be of steel meeting or exceeding the requirements of ASTM A36. It shall be integrally welded to the pole shaft with either a telescopic welded joint or a full penetration butt weld with a backup bar. The bolt plate holes shall be slotted to allow up to a 10°rotation. The pole Type number shall be permanently marked on the bottom of each base plate. - Four removable nut covers, with self-threading screws for attachment shall be provided with each pole. 6.0 Mast Arm to Pole Connections. The mast arm to pole connection plates are to be fabricated from structural quality hot rolled carbon steel with a guaranteed minimum yield strength of 36,000 psi (A36). The mast arm plate shall telescope the arm shaft and be circumferentially welded inside and out. The pole plate shall be attached to the pole shaft by welded gusset plates top, bottom, and sides. Four size "F" hex head bolts (ASTM A325) with one lock washer per bolt shall be supplied with each pole to connect the mast arm to the pole. 7.0 Anchor Bolt Assembly Anchor bolt material shall conform to the requirements of ASTM F1554 Grade 55. The bolts shall be galvanized to ASTM A153. Anchor plates shall match the hole pattern for each type standard and be clearly marked. The strength of the nuts shall equal or exceed the proof load of the bolts. Anchor bolt assembly shall be delivered partly assembled. The anchor bolts, or rods, shall come with all nuts, flat washers and split washers on each rod. Then the four anchors bolts shall be matched with two plates and be delivered as a bundled unit. Version Updated: 09/10/2004 The anchor bolt assemblies shall be purchased separately from the poles and shall be delivered within thirty days from date of order. 8.0 Fabrication Welding shall be in accordance with AWS (American Welding Society) Structural Welding Code D1.1 Sections 1 through 8 and shall be performed by welders certified in accordance with AWS code. The tube's longitudinal seam welds shall be free of cracks and undercutting, performed with automatic processes, and visually inspected with questionable areas inspected by magnetic particle to AWS D1.1. Each finished standard and mast arm shall be permanently marked by type for ease of field matching. 9.0 Finish The traffic signal poles and mast arms shall be galvanized in accordance to ASTM A123. Each component must be completely coated in a single dip. No double dipping will be allowed. All miscellaneous hardware shall be galvanized per ASTM A153. 10.0 Material Certifications All materials shall comply with the American Society for Testing and Materials (ASTM) specifications. The supplier shall furnish two copies of mill certificates reflecting the physical and chemical properties of the base metal of the pole and mast arm shafts, base plates, and anchor bolts. Two certified copies of the galvanizing test report shall be provided. 11.0 Delivery All pole hardware will be packaged on a per pole basis. All items shall be delivered 120 calendar days from the date order is placed. All shipments will be delivered from 6:00 A.M. to 12:00 P.M. Tuesday, Wednesday or Thursday. Deliveries are not accepted on Monday or Friday. No trucks will be unloaded after 12:00 P.M. Call 817- 871-8083 24 hours prior to delivery. The shipment shall be delivered to: City of Fort Worth Traffic Services Division 2500 Brennan Ave. Fort Worth, Texas 76106 Version Updated: 09/10/2004 Invoices shall be sent to: City of Fort Worth Traffic Services Division TPW Department 3409 Harley Ave. Fort Worth, Texas 76107 EXPERIENCE RECORD List of projects your or anization has successful) completed: Amount Of Contract Type of Work Date Name and Address of Award Accepted Owner List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Award Work Date of Owner Completion List Surety Bonds in force on above incomplete work: Date of Contract Type of Work Amount of Name and Address of Award Bond Bond Surety 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: ACORDDATE(MM/DD/YYYY) TM CERTIFICATE OF LIABILITY INSURANCE 08/12/2005 PRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. LOO 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# INSURED McClendon Construction Company, Inc. INSURERA: Twin City Fire Ins Co P.O. Box 999 INSURER B: Interstate Fire & Casualty(Casua ty Market) Burleson, TX 76097 INSURERc: Hartford Underwriters INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE(mmini2m) LIMITS PW GENERAL LIABILITY 46 C QT0838 01/31/2005 01/31/2006 EACH OCCURRENCE $ 1,000,0001 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,0001 CLAIMS MADE [X]OCCUR MED EXP(Any one person) $ 10,00 A X CONTRACTUAL, XCU PERSONAL&ADV INJURY $ 1'000'0 ,000,0 X SUBCONTRACTORS COV GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2 000,00 POLICYFX PRO- LOC JECT AUTOMOBILE LIABILITY 46 UEN QT0839 01/31/2005 01/31/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ rqqq AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY UM01606435 01/31/2005 01/31/2006 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 B $ DEDUCTIBLE $ X RETENTION $ 5,000 FIR $ WORKERS COMPENSATION AND 46 WE QT0837 01/31/2005 01/31/2006 X WC STATU- OTH- EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1 000,00 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1 000,00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 004 CIP INTERSECTION IMPROVEMENTS CONTRACT 1; DOE 4817. CERT HOLDER NAMED ADDITIONAL INSURED ON ALL POLICIES EXCEPT ON WORKERS' COMPENSATION WITH GENERAL LIABILITY BEING PRIMARY & NON-CONTRIBUTORY WITH �IAIVER OF SUBROGATION ON WORKERS' COMPENSATION AS REQUIRED BY WRITTEN CONTRACT. 30 DAY CANC NOTICE r—►�M.ENDED TO 10 DAY FOR NON-PAYMENT OF PREMIUM. HOLDERCERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL XIX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH Xx�(1(d (�Qf�4l(XX�irlE% (Xi Xlf�fXX 1000 THROCKMORTON ST KKdGWA*XXJkXKXMMIKr NXXXMX)OKXM f&AXXMXXXXXXXXXX FT WORTH, TX 76102 AUTH IZEDREPRESENTATIVE p. - ACORD 25(2001/08) ©ACORD COR RATI N 1988 4 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 I 1 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. I 1 1 I ACORD 25(2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4817 and City of Fort Worth Project No. C200- 2033900189xx. CONTRACTOR McClendon Constuction Co., Inc. By: Q�A MZWZ--- Name: RAW MCCI FROM ERFSV NT Title: Date: s CJS STATE OF TEXAS § COUNTY OF TARRANT § Bef r me, the undersigned authority, on this day personally appeared �►'(1Cenc�Ol1 known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of McClendon Constuction Co., Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this_n day of 20eft WMA �o �A . o Notary Public in and Mr the State of Texas TAMMY WILSON ao�sa r vis ' Notary Public,State of Texas MY Commission Exp ires fitirf Oi E+`�` is, March 07,2009 Bond No. 8203-50-41 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Vigilant Insurance That we (1) McClendon Constuction Co., Inc. as Principal herein, and (2) Company . a corporation organized under the laws of the State of(3) New York , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of: One Hundred Eighty-five Thousand Eight Hundred Twenty and no/100...................................................... ($185,820.00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has entered into a certain contract with the Obligee dated the 26th of July,2005 a copy of which is attached hereto and made a part hereof,for the construction of: 2004 CEP INTERSECTION IMPROVEMENTS CONTRACT I NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 26thof July,2005. ATTEST: ` McClend C nstuction Co. Inc. (Principal)Secretary PRIM L ) BY: Title: MCCLLNDON, PRFsprWT (SEAL) PO Box 999 Burleson,TX 76097 (Address) VIGILANT INSURANCE COMPANY fitness as to Nincipal Sure P.O. Box 999, Burleson, Texas 76097 Address BY: ATTEST: (Attomey-in-fact)(5) Michael A. Sweeney (Surety)Secretary 2001 Byran Street, Suite 3400 + Dallas, Texas 75201 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety f Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. The date of bond shall not be prior to date of • Contract. fitness as urety Jennifer R. Borock P. Box 87 0 or Worth Texas 76124 dress) This Notice pertains to the following Surety Bond Issued by a member insurer of the Chubb Group of Insurance Companies,including Federal Insurance Company,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number. 8203-50-41 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act') effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States of America pays 90%of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker. cHuee IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES The address of the surety company making this bond to which any notice of claim should be sent may be obtained by calling the Texas Department of Insurance at the above number. Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND F This notice is for information only and does not become a part or condition of the attached document. This notice is given to comply with Section 2253.048, Texas Government Code and Section 53.202, Texas Property Code effective September 1, 2001. Bond No. 8203-50-41 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)McClendon Conituction Co.,Inc.,as Principal herein,and(2)Vigilant Insurance Company ,a corporation organized and existing under the laws of the State of(3) New York as surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Eighty-five Thousand Eight Hundred Twenty and n0........................... Dollars ($185,820.00) 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 26th day of July,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: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER,that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 26th day of,July 2005. McClendon Constuction Co. Inc. PRINC AL - ATTEST: By: ._&L6'4 1."r) 1'/D2L NamDAN MCCLENDON, PRE31(wNl (Principal) Secretary Title: DAN McCLENDON, PRESIDENT ( E A L) o Address: PO Box 999 Burleson, TX 76097 Witness as to Princi I - VIGILANT INSURANCE COMPANY SURETY ATTEST: By: Name: Michael A. Sweeney Secretary--.. Attorney in Fact - r (S "A L) Address: 2001 Bryan Street, Suite 3400 Dallas,Texas 75201 �fipli ess as Surety Jennifer R. Borock Telephone Number: 214-754-0777 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 8203-50-41 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT That McClendon Constuction Co., Inc. ("Contractor"), as principal, and Vigilant Insurance Company . a corporation organized under the laws of the State of New York , ("Surety"), do-hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of One Hundred Eighty-five Thousand Eight Hundred Twenty and no/100.. . Dollars ($185,820.00), 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 26th of July, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-2033900189xx and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof, and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and- WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 26th day of July, A.D. 2005. ATTEST: McClendon Constuction Co., Inc. (S E A L) Contr By: Se etary Name: DAN Md-1 1tM1d,.PRF—!nFNT Title: VAN N, PRESIDENT VIGILANT INSURANCE COMPANY Surety By: Secretary Name: Michael A. Sweeney Title: Attorney-in-Fact 2001 Bryan Street, Suite 3400 Dallas, Texas 75201 + Address � t t Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Kyle W. Sweeney, Charle s D. Sweeney, Bobby E. Mayo and Michael A. Sweeney of Fort Worth, Texas------------------------ each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds) given or executed in the course of business,and any instruments amending or aftering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 30th day of April, 2003 Z-04 Kenneth C.Wendel,Assistant Secretary Fra k E.Robe son, ice President STATE OF NEW JERSEY ss. County of Somerset On this 30th day of April, 2003 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof;that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial SealSU �P� 'I'f'O,c. DANA KRUMPFER ,AoTAR1, Notary Public,State of New Jersey No.2297116 JDU.HLIG Commission Expires February 25,20 Notary Public yFw JEPS CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (f) the foregoing extract of the By-Laws of the Companies is true and correct, (d) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren,NJ this 26ti' day of July,2005 nANC `aasVRAIVCF 'F o0 �ND101" �ISCMD yEew Y04� Kenneth C.Wendel,Assistint Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Forrn 15.10-0225(Ed.4-99)CONSENT CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 26th day of July A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, McClendon Constuction Co.,Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: 2004 CIP INTERSECTION IMPROVEMENTS CONTRACT I 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable 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 calendar days. T If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. - 5. 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 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 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 Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n//a, shall be One Hundred Eighty-five Thousand Eight Hundred Twenty and no/100........................................................................................................(185.820.00) 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 copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas 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 THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 26th day of July,A.D., 2005. RECOMMENDED: CITY OF FORT WORTH BY: DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: /C �✓ arc A. OAssistant ACity Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: McClendon Constuction Co.,Inc. PO Box 999 ` Burleson,TX 76097 CONTRACTOR J 1;11b� CITY SECITARY (SEAL) ,, & --acaLa- Lo-' �4 —, BY. �orltrac% nLituVLlZa�.+�� PRESIDENT OAN McCLEND©N, Date TITLE UcCLENDON CONST. CO., INC. P. O. BOX 996 APPROVED AS TO FORM AND BURLESON, TEXAS 76097 LEGALITY: ADDRESS 7 — T. CITY EY November 1960 .. Revised May 1986 Revised September 1992 n � u me n� occoot �9 _w •v `o t7Sm Z�ZO ® ►C z T o 0 o m m v.. a m'n _ 0 3 m 5<a N cr N U U (7 w u H m • s�y 3 -9 O mo <LO Lh1... 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