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Contract 38996
CITY SECRETARY CONTRACTFVO, OIL AND GAS LEASE THE STATE OF TEXAS § COUNTY OF TARRANT § ORIGINAL THIS AGREEMENT ("Lease") is made and entered into as of the date herein specified by and between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas, (hereinafter referred to as "Lessor"), and, XTO Energy Inc.(hereinafter referred to as "Lessee"). WITNESSETH: GRANTING CLAUSE Lessor, in consideration of a cash bonus in hand paid, of the royalties herein provided, and of the agreements of Lessee hereinafter contained, hereby grants, leases, and lets exclusively unto Lessee for the sole purpose of investigating, exploring, drilling, operating, and producing oil and/or gas from the land leased hereunder, together with any liquid or gaseous substances produced in association with oil and gas, the following described land situated in the City of Fort Worth, Texas described in Exhibit "A" attached hereto (the "leased premises"). All mineral substances and mineral rights other than oil and gas (and all other liquid or gaseous minerals produced in association with oil or gas) are expressly reserved to Lessor and excepted from this Lease. These reserved mineral rights include, but are not limited to, the rights to lignite, coal and sulfur not produced as a component of oil and gas. For the purpose of determining the amount of any bonus or other payment hereunder, said leased premises shall be deemed to contain 22.062 acres, whether actually containing more or less. 2. PRIMARY TERM Subject to the other provisions herein contained, this Lease shall be for a term of two (2) years from the date of the notarial acknowledgment of Lessor's execution of this instrument (hereinafter called "primary term") and so long thereafter as oil, gas or other minerals granted herein are produced from the leased premises or lands pooled therewith, in paying quantities, or operations are in progress thereon as hereinafter provided, and the royalties are paid as provided herein. For the purposes of this lease, the term "operations" means any of the following: drilling, testing, completing, reworking, recompleting, deepening, plugging back, or repairing of a well in search for or in the endeavor to obtain production of oil or gas, so long as such operations are carried out with due diligence with no cessation of more than ninety (90) consecutive days. �:�`T1� SECRETARY E� FT. WORTH, TX I PO4�14 IN 1 OIL AND GAS LEASE — 121 ROW South 3. DELAY RENTALS This is a paid -up lease and no delay rentals are due. Upon termination, Lessee shall prepare, execute "Ald deliver to Lessor a recordable release covering the leased premises in accordance with this Lease. Lessee may at any time or times execute and deliver to Lessor, a release or releases of this Lease as to all or any part of the leased premises, and thereby be relieved of all obligations as to the released land or interest, except for the indemnification obligations described in Paragraph 16 and the plugging obligations of this Lease. 4. ROYALTIES Lessee shall pay to Lessor the following royalties, which shall be free of all costs of any kind, including, but not limited to, costs of gathering, production, transportation, treating, compression, dehydration, processing, marketing, trucking or other expense, directly or indirectly incurred by Lessee, whether as a direct charge or a reduced price or otherwise. In this regard, Lessee agrees to bear one hundred percent (100%) of all costs and expenses incurred in rendering hydrocarbons produced on or from the leased premises marketable and delivering the same into the purchaser's pipeline for immediate transportation to an end user or storage facility. Additionally, said royalties shall never bear, either directly or indirectly, under any circumstances, the costs or expenses (including depreciation) to construct, repair, renovate or operate any pipeline, plant, or other facilities or equipment used in connection with the treating, separation, extraction, gathering, processing, refining, compression, transporting, manufacturing or marketing of hydrocarbons produced from the leased premises or lands pooled therewith. A. On oil, gas (including flared gas) and casinghead gas, together with any other liquid or gaseous hydrocarbons recovered by Lease operations (such as in drips or separators) twenty-five percent (25%) of the proceeds of the sale or of the market value thereof, whichever is higher. Such proceeds of oil, gas and casinghead gas, together with any other liquid or gaseous hydrocarbons recovered by Lease operations, is to be delivered free of cost at the well or to the credit of the Lessor into pipelines, gathering lines, barges or other facilities to which the wells and tanks on the property may be connected. Lessor shall always have the right, at any time and from time to time, upon reasonable written notice to Lessee, to take Lessor's share of oil, gas and processed liquids in kind. Lessor may elect to take Lessor's gas in kind at the well, or at the point of delivery where Lessee delivers Lessee's gas to any third party. If gas is processed, Lessor may elect to take Lessor's share of the residue gas attributable to production from the leased premises, at the same point of delivery where Lessee receives its share of residue gas or has its share of residue gas delivered to a third party. Lessor may elect to have its royalty share of processed liquids stored in tanks at the plant or delivered into 2 OIL AND GAS LEASE —121 ROW South pipelines on the same basis as Lessee's share of liquids is stored or delivered. Lessor shall reimburse Lessee for all reasonable costs incurred by Lessee in installing, operating or maintaining additional facilities necessary for Lessor's royalty gas and processed liquids to be separately metered, accounted for, and delivered to a third party, but Lessor shall not be charged for any expense in the production, gathering, dehydration, separation, compression, transportation, treatment, processing or storage of Lessor's share of gas and processed liquids. B. On products, twenty five percent (25%) of the gross market value or proceeds of sale thereof, whichever is higher. C. On residue gas or gas remaining after separation, extraction or processing operations, twenty five percent (25%) of the proceeds of sale or of the market value thereof, whichever is higher. D. For purposes of this Paragraph 4, the term "market value" shall mean for gas and products therefrom (i) the gross price at which gas or products therefrom are sold pursuant to a Gas Contract, as defined below, that is ratified by Lessor according to Paragraph G below or (ii) if not sold pursuant to a Gas Contract, as defined below, ratified by Lessor and Lessee, the highest gross price reasonably obtainable for the quantity of gas or products available for sale, through good faith negotiations for gas or products produced from the leased premises at the place where such gas or product is available for sale on the date of such a contract with adequate provisions for redetermination of price at intervals of no less frequency than one (1) year to ensure that the production is being sold for no less than the current market price. Included within the definition of "Market Value" as used herein is the presumption that Gas Contracts that are ratified by Lessor are arms -length contracts with purchasers who are not affiliates of Lessee. An "affiliate" includes, but is not limited to, the parent company or a subsidiary of Lessee, a corporation or other entity having common ownership with Lessee, a partner or joint venturer of Lessee with respect to the ownership or operation of the processing plant, a corporation or other entity in which Lessee owns a ten percent or greater interest, or any individual, corporation or other entity that owns a ten percent or greater interest in Lessee. In no event shall "market value" ever be less than the amount actually received by the Lessee for the sale of hydrocarbons. E. This Lease is intended to cover only oil and gas, but some other substances (including helium and sulphur) may be produced necessarily with and incidental to the production of oil or gas from the leased premises; and, in such event, this Lease shall also cover all such other substances so produced. On all such substances so produced under and by virtue of the terms of this Lease, Lessor shall receive a royalty of twenty five percent (25%) of all such substances so produced and saved, same to be delivered to Lessor, free of all costs; or, at Lessor's election, Lessor's twenty five percent (25%) of such substances shall be sold by Lessee with Lessee's portion of such substances and at the same profit realized by Lessee for its portion of such substances. 3 OIL AND GAS LEASE — 121 ROW South F. All royalties heremabove provided shall be payable in cash (unless Lessor elects to take such royalty on or gas in kind) to Lessor within ninety (90) days following the end of the month in which the first commercial sale of production and thereafter no more than sixty (60) days after the end of the month following the month during which production takes place. Subject to the provisions of Paragraph 10 of this Lease concerning shut-in wells, royalties shall be paid to Lessor by Lessee and/or its assigns or by the product purchaser for oil and/or gas. Upon the failure of any party to pay Lessor the royalty as provided in this paragraph, Lessor may, at Lessor's option, elect to terminate this Lease by sending written notice to Lessee. Lessee shall then have thirty (30) days from the date of service of such written notice in which to avoid termination of this Lease by making or causing to be made the proper royalty payment or payments that should have been paid. If such royalty payment is not made on or before the expiration of the 30-day period, or written approval is not obtained from Lessor to defer such payment, Lessor may elect to terminate this Lease by filing a Notice of Termination with the County Clerk in the county where the leased premises are located. The effective date of said termination shall be the date said Notice of Termination is filed with the said County Clerk. G. Lessee agrees that it will not enter into any contract for the sale, delivery, transporting or processing of gas produced from the leased premises which shall extend more than two (2) years from the effective date of such sales contract unless such contract has adequate provisions for redetermination of price at intervals of no less frequency than one (1) year to ensure that production from this Lease is not being sold for less than the then current market value. At least thirty (30) days prior to the delivery or the execution of any contract for the sale, delivery, transporting or processing of gas produced from the leased premises, Lessee shall provide Lessor with a complete copy of each proposed contract for the purchase, transportation and/or processing of such gas that Lessee intends to execute (each a "Gas Contract"), whereupon, Lessor shall have fifteen (15) days within which to either ratify such Gas Contract or notify Lessee in writing that it does not approve of such Gas Contract, including a statement of the reasons that Lessor does not approve of such Gas Contract (Lessor's failure to respond within the fifteen (15) days either by ratification or by written notice that it does not approve of the proposed Gas Contract shall be deemed to be Lessor's ratification of such Gas Contract). If Lessor ratifies the Gas Contract, Lessor shall be deemed bound by the terms of such Gas Contract (and, at Lessee's option, Lessor shall execute such Gas Contract as a party thereto) and the gas or products therefrom sold pursuant to such Gas Contract shall be deemed sold at market value based on the gross price stated therein. Lessee shall not amend or modify any material terms of a Gas Contract ratified by Lessor without the prior written consent of Lessor. If Lessor does not approve of a Gas Contract, Lessee shall consult with Lessor in an effort to agree to the terms of the proposed Gas Contract, and if the other party or parties to the Gas Contract agree to the changes or modifications to the Gas Contract which are 4 OIL AND GAS LEASE —121 ROW South proposed by Lessor in order for Lessor to ratify such Gas Contract, then Lessor shall be deemed to have ratified such Gas Contract (and, at Lessee's option, Lessor shall execute such Gas Contract as amended and modified, as a party thereto). If Lessor and Lessee cannot agree on the terms of a Gas Contract that are acceptable to the other party or parties thereto, Lessee may elect to execute such Gas Contract and sell, deliver, transport and process gas according to the terms thereof, subject to the other terms of this Paragraph 4 concerning the payment of Lessor's royalty on gas and products there from, including the right of Lessor to take its share of gas in kind. In the event Lessor elects to take and separately dispose of its royalty share of gas, the parties shall enter into a mutually acceptable balancing agreement providing for (a) the right of an under produced party to make up an imbalance by taking up to 150 percent of its share of production and (b) an obligation to settle any imbalance remaining after depletion in cash, based on the proceeds received by the overproduced party when the imbalance was created, or if the overproduced party's gas was used but not sold, based on the market value of the gas when imbalance was created. H. In the event Lessee enters into a gas purchase contract which contains what is commonly referred to as a "take or pay provision" (such provision meaning that the gas purchaser agrees to take delivery of a specified minimum volume or quantity of gas over a specified term at a specified price or to make minimum periodic payments to the producer for gas not taken by the purchaser) and the purchaser under such gas purchase contract makes payment to Lessee by virtue of such purchaser's failure to take delivery of such minimum volume or quantity of gas, then Lessor shall be entitled to twenty five percent (25%) of all such sums paid to Lessee or producer under the "pay" provisions of such gas purchase contract. Such royalty payments shall be due and owing to Lessor within thirty (30) days after the receipt of such payments by Lessee. If the gas purchaser "makes up" such gas within the period called for in the gas contract and Lessee is required to give such purchaser a credit for gas previously paid for but not taken, then Lessor shall not be entitled to royalty on such "make up" gas. If Lessee is not producing any quantities of gas from the leased premises but is receiving payments under the "pay" portion of such "take or pay" gas purchase contract provision, such payments shall not relieve Lessee of the duty to make shut-in royalty payments if Lessee desires to continue this Lease, but such "take or pay" royalty payments shall be applied as a credit against any shut-in royalty obligation of the Lessee. Lessor shall be a third -party beneficiary of any gas purchase contract and/or transportation agreement entered into between Lessee and any purchaser and/or transporter of Lessor's gas, irrespective of any provision of said contracts to the contrary, and such gas purchase contract and/or transportation agreement will expressly so provide. Further, Lessor shall be entitled to twenty-five percent (25%) of the value of any benefits obtained by or granted to Lessee from any gas purchaser and/or transporter for the amendment, modification, extension, alteration, consolidation, transfer, 5 OIL AND GAS LEASE — 121 ROW South cancellation or settlement of any gas purchase contract and/or transportation agreement. I. Lessee agrees that before any gas produced from the leased premises is used or sold off the leased premises, it will be run, free of cost to Lessor, through an adequate oil and gas separator of a conventional type or equipment at least as efficient, to the end that all liquid hydrocarbons recoverable from the gas by such means will be recovered and Lessor properly compensated therefor. J. Any payment of royalty or shut-in gas royalty hereunder paid to Lessor in excess of the amount actually due to the Lessor shall nevertheless become the property of the Lessor if Lessee does not make written request to Lessor for reimbursement within one (1) year from the date that Lessor received the erroneous payment, it being agreed and expressly understood between the parties hereto that Lessor is not the collecting agent for any other royalty owner under the lands covered hereby, and a determination of the name, interest ownership and whereabouts of any person entitled to any payment whatsoever under the terms hereof shall be the sole responsibility of Lessee. It is further expressly agreed and understood that: (i) this provision shall in no way diminish the obligation of Lessee to make full and punctual payments of all amounts due to Lessor or to any other person under the terms and provisions of this Lease, and (ii) any overpayments made to the Lessor under any provisions of this Lease shall not be entitled to be offset against future amounts payable to parties hereunder. K. The terms of this Lease may not be amended by any division order and the signing of a division order by any mineral owner may not be made a prerequisite to payment of royalty hereunder. L. Oil, gas or products may not be sold to a subsidiary or affiliate of Lessee as defined herein without the Lessor's prior written permission. M. Lessee shall pay Lessor royalty on all gas produced from a well on the leased premises and sold or used off the leased premises, regardless of whether or not such gas is produced to the credit of Lessee or sold under a contract executed by or binding on Lessee. Should gas be sold under a sales contract not binding on Lessee, Lessor's royalty will be calculated based on the highest price paid for any of the gas produced from the well from which such gas is produced. In no event will the price paid Lessor for Lessor's share of gas be less than the price paid Lessee for Lessee's share of gas. 5. POOLING Lessee, upon the prior written consent of Lessor which shall not be unreasonably withheld, is hereby given the right to pool or combine the acreage covered by this Lease or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly explore, or develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that 6 OIL AND GAS LEASE — 121 ROW South may be produced from said premises. In the absence of field rules, units pooled for oil and gas hereunder shall not exceed the acreage provided for retained acreage tracts in Section 7. Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit. In this regard, Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. Lessee may at its election exercise its pooling option before or after commencing operations for or completing an oil or gas well on the leased premises, and the pooled unit may include, but it is not required to include, land or leases upon which a well capable of producing oil or gas in paying quantities has theretofore been completed or upon which operations for the drilling of a well for oil or gas have theretofore been commenced. In the event of operations for drilling on or production. of oil or gas from any part of a pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or wells be located on the premises covered by this Lease and in such event operations for drilling shall be deemed to have been commenced on said land within the meaning of this Lease. For the purpose of computing the royalties to which owners of royalties and payments out of production and each of them shall be entitled on production of oil and gas, or either of them, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit; and production from a gas well will. be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any delay rental or shut-in 7 OIL AND GAS LEASE —121 ROW South production royalty which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words "separate tract" mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises. 6. CONTINUOUS DRILLING At the expiration of the primary term this Lease shall remain in full force and effect for so long as Lessee is conducting Continuous Drilling Operations (as herein defined). Lessee shall be considered to be engaged in Continuous Drilling Operations at the expiration of the primary term if: (1) Lessee is then engaged in drilling operations on the leased premises or lands pooled therewith or (2) Lessee has completed a well as a producer or as a dry hole within one hundred twenty (120) days prior to the expiration of the primary term. Lessee also shall be considered to be engaged in Continuous Drilling Operations for so long thereafter as Lessee conducts drilling operations on the leased premises, or lands pooled therewith, with due diligence and with intervals of no more than one hundred twenty (120) days between the date of completion of one well and the date of commencement of drilling operations on an additional well. "Completion" shall be considered to be the date of release of the completion rig for a completed well, but in no event more than one hundred twenty (120) days following the release of the drilling rig. In the case of a dry hole, "completion" shall be considered to be the date of release of the drilling rig. "Commencement" shall be the actual spud date of a well. Continuous Drilling Operations shall be deemed to have ceased upon the failure of Lessee to commence drilling operations on an additional well within such one hundred twenty (120) day period. When the Continuous Drilling Operations cease, the provisions of Paragraph 7 will be applicable. 7. RETAINED ACREAGE A. Vertical Wells At the expiration of the primary term of this Lease or upon the termination of the continuous drilling program set forth in Paragraph 6, each non -horizontal well drilled hereon capable of producing in paying quantities will hold only forty (40) acres for any formation from the surface to the base of the Barnett Shale formation. As to depths below the base of the Barnett Shale Formation, the proration unit shall be the minimum size necessary to obtain the maximum production allowable. If the proration unit for a well completed below the base of the Barnett Shale Formation is larger than 40 acres, the well may maintain the Lease as to formations above the base of the Barnett Shale Formation as to not more than 40 8 OIL AND GAS LEASE — 121 ROW South acres. All other acreage except that included in a proration unit or pooled unit as described above will cease to be covered by this Lease and will be released. To the extent possible, each such proration unit will be in the shape of a square, with the bottom of the well in the center. Further, it is understood and agreed that Lessee shall earn depths as to each proration unit or pooled unit only from the surface down a depth which is the stratigraphic equivalent to a depth of one hundred feet (100') below the deepest producing formation in such well which is capable of producing oil or gas in paying quantities at the expiration of the primary term of this Lease or upon the termination of the continuous drilling program set forth in Paragraph 6. This Lease will terminate at such time as to all depths below such depths as to each respective proration unit or pooled unit. If production should thereafter cease as to acreage included in a proration unit or pooled unit, this Lease will terminate as to such acreage unless Lessee commences reworking or additional drilling operations on such acreage within ninety (90) days thereafter and continues such reworking or additional drilling operations until commercial production is restored thereon, provided that if more than ninety (90) days elapse between the abandonment of such well as a dry hole and the commencement of actual drilling operations for an additional well, or more than ninety (90) days pass since the commencement of reworking operations without the restoration of commercial proAuction, this Lease shall terminate as to the applicable proration unit or pooled unit. At any time or times that this Lease terminates as to all or any portion of the acreage of the leased premiseS. Lessee shall promptly execute and record in the office of the County Clerk in the County where the leased premises are located, a proper release of such terminated acreage and shall furnish executed counterparts of each such release to Lessor at the address shown in Paragraph 19 hereof. B. Horizontal Wells It is expressly understood and agreed that, subject to the other terms, provisions and limitations contained in this Lease, Lessee shall have the right to drill "horizontal wells" under the leased premises, or lands pooled therewith. The term "horizontal well" or "horizontally drilled well" shall mean any well that is drilled with one or more horizontal drainholes having a horizontal drainhole displacement of at least five hundred eighty-five (585) feet. For the purposes of further defining the term "horizontal wells" and "horizontally drilled" reference is made to the definitions contained within Statewide Rule 86, as promulgated by the Railroad Commission of Texas, which definitions are incorporated herein for all purposes. In the event of any partial termination of the Lease as provided in Paragraph 7A, then, with regard to a well which is a horizontal well or a horizontally drilled well, Lessee shall be entitled to retain all sands and horizons at all depths from the surface down to a depth which is the stratigraphic equivalent of a depth of one hundred (100) feet below the base of the deepest producing formation in such well which is capable of producing oil or gas in paying quantities, but only in a spacing unit the area or number of acres 9 OIL AND GAS LEASE — 121 ROW South of which are equal to the area or number of acres determined by adding twenty (20) acres for each five - hundred eighty-five (585) feet horizontally drilled to the original forty (40) acres deemed to be a proration unit for each vertical well. Each such tract around each horizontally drilled well shall be as nearly in the shape of a square or a rectangle as is practical with the boundaries of the tract including the entire horizontal drainhole and the lateral boundaries of such tract being approximately equal distance from such drainhole and parallel thereto. If production should thereafter cease as to acreage included in a proration unit or pooled unit, this Lease will terminate as to such acreage unless Lessee commences reworking or additional drilling operations on such acreage within ninety (90) days thereafter and continues such reworking or additional drilling operations until commercial production is restored thereon, provided that if more than ninety (90) days pass between the abandonment of such well and the commencement of actual drilling operations for an additional well, or more than ninety (90) days pass since the commencement of reworking operations without the restoration of commercial production, the Lease shall terminate as to the applicable proration unit. At any time or times that this Lease terminates as to all or any portion of the acreage of the leased premises, Lessee shall promptly execute and record in the office of the County Clerk in the County where the leased premises are located, a proper release of such terminated acreage and shall furnish executed counterparts of each such release to Lessor at the address shown in Paragraph 19 hereof. OFFSET OBLIGATIONS In the event a well or wells producing oil or gas should be brought in on land within 330 feet from any boundary of the leased premises, Lessee agrees within ninety (90) days from commencement of production from such well or wells to commence the actual drilling of an offset well or wells on the leased premises or on a pooled unit that contains the leased premises; provided that the well or wells which are to be offset are producing in paying quantities and have been perforated and fraced with a minimum of 500 feet of lateral wellbore length within 330 feet of the leased premises; or Lessee shall release to Lessor free of this Lease the offsetting tract of forty (40) acres limited to the formation in which the offsetting well is producing. This provision shall not be applicable for the first year of the primary term or for offset wells spud prior to the execution of this lease. 9. FORCE MAJEURE A. The term "force majeure" as used herein shall mean and include: requisition, order, regulation, or control by governmental authority or commission; exercise of rights or priority or control by governmental authority for national defense or war purpose resulting in delay in obtaining or inability to obtain either material, equipment or means of transportation normally necessary in prospecting or drilling 10 OIL AND GAS LEASE — 121 ROW South for oil, gas or other mineral granted herein, or in producing, handling or transporting same from the leased premises; war, scarcity of or delay in obtaining materials or equipment; lack of labor or means of transportation of labor or materials; acts of God; insurrection; flood; strike; or other things beyond the control of Lessee. The term "force majeure" shall not include lack of markets for production or any other events affecting only the economic or financial aspects of drilling, development or production. B. Notwithstanding any other provisions of this Lease, but subject to the conditions hereinafter set forth in this Paragraph 9, should Lessee be prevented by "force majeure" as defined above, from conducting drilling or reworking operations on, or producing oil, gas or other mineral from, the leased premises, such failure shall not constitute a ground for the termination of this Lease or subject said Lessee to damages therefore; and the period of time during which Lessee is so prevented shall not be counted against Lessee, but this Lease shall be extended for a period of time equal to that during which such Lessee is so prevented from conducting such drilling or reworking operations on, or producing oil, gas or other mineral from, such leased premises provided, however, that in no event will the primary term be extended unless Lessee has begun the actual drilling of a well prior to the date of the expiration of the primary term. All of the provisions of this paragraph are subject to each of the following express conditions: The terms and conditions of this paragraph shall not extend beyond the expiration date of any law, order, rule or regulation invoked under this paragraph, and shall be applicable and effective only during the following periods: (1) If the force majeure shall occur during the primary term of this Lease, it shall not operate to extend this Lease more than two (2) consecutive years beyond the expiration of the primary term. (2) If the force majeure shall occur during a one hundred twenty (120) day drilling or reworking period provided for in Paragraphs 6 and 7 hereof, after the primary term has expired, then it shall not operate to extend the Lease more than two (2) successive years beyond the expiration of such one hundred twenty (120) day periods. (3) In no event will the primary term be extended unless Lessee has begun the actual drilling of a well prior to the date of the expiration of the primary term. C. None of the provisions of this paragraph shall ever be or become effective and applicable unless Lessee shall, within a reasonable time (not to exceed sixty (60) days in any event) after occurrence of the claimed event of force majeure above referred to, notify the Lessor, in writing, of such occurrence with full particulars thereof. Lease. D. The terms of this paragraph do not apply to monetary payments due under the terms of this 11 OIL AND GAS LEASE —121 ROW South 10. SHUT-IN GAS WELL PROVISIONS If at any time after the expiration of the primary term while there is a gas well on the leased premises or land pooled therewith which is capable of producing gas in paying quantities, but the production thereof is shut-in or suspended for any reason, and if this Lease is not then continued in force by some other provision hereof, then this Lease shall nevertheless continue in force as to such well and the pooled unit or proration unit allocated to it for a period of sixty (60) days from the date such well is shut-in or at the end of the primary term, whichever is the later date. Before the expiration of any such sixty (60) day period, Lessee or any Assignee hereunder may pay or tender to the Lessor ashut-in royalty equal to Five Thousand Dollars ($5,000.00) per shut-in gas well and if such payment or tender is timely made, this Lease shall continue in force but only as to said well or wells and the proration unit or the pooled unit allocated to it or them and it shall be considered that gas is being produced from said well or wells in paying quantities for one (1) year from the date such well or wells are shut-in, and in like manner one, and onIysubsequent shut-in royalty payment may be made or tendered and it will be considered that gas is being produced from said well or wells in paying quantities for such additional one (1) year period as well. Lessee shall. not be entitled to recover any shut-in royalty payments from the future sale of gas. Should such shut-in royalty payments not be made in a timely manner as provided in this section, it will be considered for all purposes that there is no production and no excuse for delayed production of gas from any such well or wells, and unless there is then in effect other preservation provisions of this Lease, this Lease shall terminate. Lessee shall pay or tender directly to the Lessor at the address as shown in Paragraph 19 all shut-in royalty payments as required by this Lease. 11. INFORMATION, ACCESS AND REPORTS A. Lessor shall have free access at all times to all wells, tanks, and other equipment that services wells under the leased premises, including drilling wells, and Lessee agrees to furnish Lessor, or Lessor's nominee, currently and promptly, upon written request, with full well information including cores, cuttings, samples, logs (including Schlumberger and other electrical logs), copies and results of devon tests and directional and seismic surveys, and the results of all drill stem tests and other tests of other kind or character that may be made of wells on the leased premises. Lessor or Lessor's nominee shall be furnished with and have free access at all times to Lessee's books and records relative to the production and sale of oil, gas or other minerals from the leased premises, including reports of every kind and character to governmental authorities, State or Federal. Lessor shall have the right at its election to employ gaugers or install meters to gauge or measure the production of all minerals produced from the leased premises, and Lessee agrees to prepare and deliver to Lessor or Lessor's gauger or nominee duplicate 12 OIL AND GAS LEASE — 121 ROW South run or gauge tickets for all minerals removed from the premises. Lessee shall furnish to Lessor daily drilling reports on each well drilled. B. Lessee shall furnish to Lessor, within a reasonable time after its execution, a copy of any gas purchase contract or transportation agreement entered into in connection with the leased premises, or if there is already a gas purchase contract or transportation agreement in effect due to Lessee's operations in the field, then a copy of that contract. Furthermore, a copy of any amendments to the gas purchase contract or transportation agreement shall be furnished said Lessor within thirty (30) days after execution thereof; and on request of Lessor and without cost to the Lessor, Lessee shall furnish Lessor a copy of the following reports: core record, core analysis, well completion, bottom hole pressure measurement, directional survey records, electrical and induction surveys and logs, gas and oil ratio reports, paleontological reports pertaining to the paleontology of the formations encountered in the drilling of any wells on the leased premises, and all other reports which pertain to the drilling, completing or operating of the wells located on the leased premises. Such information shall be solely for Lessor's use, and Lessor shall in good faith attempt to keep same confidential for twelve (12) months after receipt. C. Lessee shall advise Lessor in writing of the location of all wells drilled upon the leased premises on or before thirty (30) days prior to commencement of operations, and shall advise Lessor in writing the date of completion and/or abandonment of each well drilled within thirty (30) days after completion or abandonment. 12. PRESERVATION OF ECOLOGY OF LEASED PREMISES Any overflows or releases affecting the leased premises, including, but not limited to, salt water, mud, chemical, or oil shall be reported immediately to Lessor. Lessee shall not use any water in, on or under the leased premises without the prior written consent of the Lessor. 13. Lessee shall have the right at any time during or within six (6) months after the expiration of this Lease (but not thereafter) to remove all property and fixtures placed by Lessee on the leased premises, including the right to draw and remove all casing, except as to water wells as provided for in Paragraph 14 (d). This paragraph shall not apply to equipment or casing on or in an on or gas well capable of producing in paying quantities, but Lessee shall be paid reasonable salvage value for any such casing or equipment. It is contemplated that Lessee may drill across and through lands covered by this agreement where production is not obtained or ceases. Where the casing or pipeline placed or laid through such non -producing lands is necessary to the production of a well or wells located on other lands covered by this Lease, or lands pooled therewith, it is expressly understood and agreed that Lessor will make no demand that such casing, pipelines 13 OIL AND GAS LEASE —121 ROW South or other equipment necessary for the production of a well or wells drilled by Lessee be removed as long as such casing, pipelines and other equipment is necessary for the production of a producing well or wells drilled by Lessee. 14. ASSIGNABILITY BY LESSEE This lease may be assigned in whole or in part by Lessee and the provisions shall extend to the heirs, executors, administrators, successors and assigns of the parties hereto; provided, however, that any such assignment by Lessee shall require the prior written consent of Lessor which consent shall not be unreasonably withheld. All transfers by Lessee (including assignments, sales, subleases, overriding royalty conveyances, or production payment arrangements) must be recorded in the county where the lease premises are located, and the recorded transfer or a copy certified to by the County Clerk of the county where the transfer is recorded must be delivered to the Lessor within sixty (60) days of the execution date. Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the Lessor by the original Lessee or any prior transferee of the Lease, including any liabilities to the Lessor for unpaid royalties. No such transfer shall release the Lessee (or any subsequent transferor) from any obligation hereunder. 15. NO WARRANTY This Lease is given and granted out warranty of title, express or implied, in law or in equity. Lessor agrees that Lessee, at Lessee's option, may purchase or discharge, in whole or in part, any tax, mortgage or other lien upon the leased premises and thereupon be subrogated to the right of the holder thereof, and may apply royalties accruing hereunder toward satisfying same or reimbursing Lessee. It is also agreed that if Lessor owns an interest in the oil and gas under the leased premises less than the entire fee simple estate therein, the royalties to be paid Lessor shall be reduced proportionately, but in no event shall the shut-in royalty amount for a gas well, as provided for in Paragraph 10 hereof, be reduced. 16. 1 LESSEE SHALL EXPRESSLY RELEASE AND DISCHARGE, ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, AND EXECUTIONS WHICH IT EVER HAD, OR NOW HAS OR MAY HAVE, OR ASSIGNS MAY HAVE, OR CLAIM TO HAVE, AGAINST THE LESSOR OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, SUCCESSORS, ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES, CREATED BY, OR ARISING OUT OF PERSONAL INJURIES, KNOWN OR UNKNOWN, AND INJURIES TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE 14 OIL AND GAS LEASE — 121 ROW South PERFORMANCE OF THE WORK PERFORMED BY THE LESSEE. THE LESSEE SHALL FULLY DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS THE LESSOR, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SUCCESSORS, ASSIGNS, SPONSORS, OR VOLUNTEERS FROM AND AGAINST EACH AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN DEFENSE OF THE LESSOR, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT OF BONUS AND/OR ROYALTIES REGARDING OWNERSHIP OF THE LESSOR'S MINERAL INTEREST OF THE LEASED PREMISES WHICH MAY BE MADE OR ASSERTED BY LESSEE, ITS AGENTS, ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE OWNERSHIP AND TITLE OF THE MINERAL INTEREST OF THE LESSOR UNDER THIS LEASE. THE LESSEE SHALL FULLY DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS THE LESSOR, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SUCCESSORS, ASSIGNS, SPONSORS, OR VOLUNTEERS FROM AND AGAINST EACH AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN DEFENSE OF THE LESSOR, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY LESSEE, ITS AGENTS, ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE LESSEE UNDER THIS LEASE. THE LESSEE AGREES TO INDEMNIFY AND HOLD HARIVIT.ESS THE LESSOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SUCCESSORS, ASSIGNS, SPONSORS, OR VOLUNTEERS FROM ANY LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR JUDGMENTS AGAINST THE LESSOR, ITS DEPARTMENTS, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, CREATED BY, OR ARISING OUT OF THE ACTS OR OMISSIONS OF THE LESSOR OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS INCLUDING, BUT NOT LIMITED TO, CLAIMS AND 15 OIL AND GAS LEASE — 121 ROW South DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE LESSOR OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE LESSEE TO INDEMNIFY AND PROTECT LESSOR AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE LESSOR AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR 17. INSURANCE Lessee shall provide or cause to be provided the insurance described in the City of Fort Worth Gas Ordinance for each well drilled under the terms of this Lease, such insurance to continue until the well is abandoned and the site restored. Such insurance shall provide that Lessor shall be a co-insured, without cost, and that said insurance can not be canceled or terminated without thirty (30) days prior notice to Lessor and ten (10) days notice to Lessor for nonpayment of premiums. RELEASES REQUIl2ED Within thirty (30) days after the partial termination of this Lease as provided under any of the terms and provisions of this Lease, Lessee shall deliver to Lessor a plat showing the production units designated by Lessee, copies of logs showing depths to be retained within each unit, and a fully executed, recordable release properly describing by metes and bounds the lands and depths to be retained by Lessee around each producing well. If this Lease terminates in its entirety, then Lessee shall deliver a complete, fully executed, recordable release to Lessor within thirty (30) days. If such release complies with the requirements of this section, Lessor shall record such release. If Lessee fails to deliver a release complying with Lite requirements of this section within thirty (30) days after Lessor's demand therefore, then Lessee shall pay Lessor an amount equal to Five Dollars ($5.00) per acre per day for each acre of the leased premises that should have been released, beginning with the 30th day after the date of Lessor's request and continuing until such release has been executed and delivered to Lessor. It is agreed that actual damages to Lessor for Lessee's failure to deliver such release are difficult to ascertain with any certainty, and that the payments herein provided are a reasonable estimate of such damages and shall be considered liquidated damages and not a penalty. Furthermore, Lessor is hereby authorized to execute and file of record an affidavit stating that this Lease has expired and the reason therefor, and such 16 OIL AND GAS LEASE — 121 ROW South affidavit shall constitute prima facie evidence of the expiration of this Lease or any part of this Lease. 19. NOTICES A. Notifications Required. Lessee shall advise Lessor in writing of the location of each well to be drilled upon the leased premises or on land pooled therewith on or before thirty (30) days after commencement of operations, and shall advise Lessor in writing the date of completion and/or abandonment of each well drilled on the leased premises or on land pooled therewith. Such notice shall include furnishing the Lessor a copy of the applicable completion or plugging report filed with any governmental or regulatory agency and a plat or map showing the location of the well on this Lease or lands pooled therewith within thirty (30) days after completion or abandonment. Reports are also to be made monthly, to include (1) name of well, total monthly production and total product sales and (2) lease activity report to include drilling, testing, fracing, completing, reworking, recompleting, plugging back, repairing and abandonment of the well and (3) compliance with the Minority/Women Business Enterprise (MWBE) Goal of _% for leases over 40 acres. B. All notices, information, letters, surveys, reports, material, and all other documents, required or permitted to be sent to Lessor by Lessee shall be sent by certified United States mail, postage prepaid, return receipt required, to the following address: City of Fort Worth Attention: Planning and Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 C. All notices required or permitted to be sent to Lessee by Lessor shall be sent to Lessee by certified United States mail, postage prepaid, return receipt requested to the following address: XTO Energy Inc. 810 Houston Street Fort Worth, Texas 76102-6298 D. Service of notices, and other documents, hereunder is complete upon deposit of the mailed material in a post office or official depository under the care and custody of the United States Postal Service, in a postpaid, properly addressed and certified wrapper. E. Any party hereto shall have the right to change the name or address of the person or persons required to receive notices, and other documents, by so notifying the other party in writing. 20. BREACH BY LESSEE Lessee shall conduct Lessee's operations in strict compliance with all of the terms and provisions of this Lease and with all applicable local, state and federal rules and the regulations of any regulatory body 17 OIL AND GAS LEASE — 121 ROW South having jurisdiction of such operations including, but not limited to, all local, state and federal environmental rules and regulations and applicable city ordinances. In the event Lessor considers that operations are not, at any time, being conducted in compliance with this Lease, or any implied covenant of this Lease, Lessor shall notify Lessee in writing of the facts relied upon as constituting a breach of any express or implied covenant or obligation of Lessee hereunder and, Lessee, if in default, shall. have sixty (60) days after receipt of such notice in which to commence compliance with its obligations hereunder. Failure on the part of Lessee to timely commence efforts to rectify any such breach and to exercise diligence in remedying any such breach shall operate as a forfeiture of this Lease as to the portion thereof effected by such breach; provided that if Lessee, in good faith, disputes any alleged grounds of breach set forth in such notice, Lessee may, within said sixty (60) day period, institute a Declaratory Judgment Action in any District Court in a county where all or part of the said leased premises are located questioning whether it has in fact breached any expressed or implied covenant of this Lease, thereby staying any forfeiture during the pendency of such action. However, in the event that Lessor obtains a final. judicial ascertainment in any such proceeding that Lessee is in breach of any covenant hereof, express or implied, then it is agreed that Lessor shall be entitled to a decree providing for cancellation or forfeiture of the Lease in the event such breach is not rectified or commenced in good faith to be rectified by Lessee within thirty (30) days from date such decree becomes final. 21. LOCATION OF DRILLING ACTIVITY, PIPELINES AND EQiTIPMENT No drilling or other activity shall be conducted on the surface of the leased premises and no roads, electric lines, pipelines, equipment, or other structures shall be placed on the surface of the leased premises. 22. COMPLIANCE WITH LAWS Lessee shall comply with all applicable rules, regulations, ordinances, statutes and other laws in connection with any drilling, producing or other operations under the terms of this Lease, including, without limitation, the oil and gas well regulations of the City of Fort Worth. 23. CONFLICT OF INTEREST Lessee represents that Lessee; its officers and directors, are not employees or officers of the City of Fort Worth nor is Lessee (its officers and directors) acting on behalf of any such officer or employee of the City of Fort Worth. F�l1 TERMS All of the terms and provisions of this Lease shall extend to and be binding upon the heirs, 18 OIL AND GAS LEASE — 121 ROW South executors, administrators, successors and authorized assigns of the parties hereto. 25. ENTIRE AGREEMENT This Lease states the entire contract between the parties, and no representation or promise, verbal or written, on behalf of either party shall be binding unless contained herein; and this Lease shall be binding upon each party executing the same, regardless of whether or not executed by all owners of the above described land or by all persons above named as "Lessor", and, notwithstanding the inclusion above of other names as "Lessor", this term as used in this Lease shall mean and refer only to such parties as execute this Lease and their successors in interest. CAPTIONS The captions to the various paragraphs of the Lease are for convenience only, to be used primarily to more readily locate specific provisions. They shall not be considered a part of the Lease, nor shall they be used to interpret any of the Lease provisions. 27. COUNTERPARTS This Lease may be executed in multiple counterparts, each of which shall be deemed an original, with the same effect as if the signature thereto and hereto were upon the same instrument. 28. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 29. WELL WAITING TO BE FRACED. Notwithstanding anything to the contrary contained in this lease, at the option of Lessee, which may be exercised by Lessee giving notice to Lessor, a well which has been drilled and Lessee intends to frac shall be deemed a well capable of producing in paying quanes and the date such well is shut-in shall be when the drilling operations are completed. 30. OFF LEASE/LTNIT DRILLSITE. As a result of land development in the vicinity of the lease premises, governmental rules or ordinances regarding well sites, and/or surface restrictions as may be set forth in this lease and/or other leases in the 19 OIL AND GAS LEASE — 121 ROW South vicinity, surface locations for well sites in the vicinity may be limited and Lessee may encounter difficulty securing surface locations) for drilling, reworking or other operations. Therefore, since drilling, reworking or other operations are either restricted or not allowed on the lease premises or other leases in the vicinity, it is agreed that any such operations conducted at a surface location off of the lease premises or off of lands with which the lease premises are pooled in accordance with this lease, provided that such operations are associated with a directional well for the purpose of drilling, reworking, producing or other operations under the lease premises or lands pooled therewith, shall for purposes of this lease be deemed operations conducted on the lease premises. Nothing contained in this paragraph is intended to modify any surface restrictions or pooling provisions or restrictions contained in this lease, except as expressly stated. EXECUTED and effective as of the date of the notarial acknowledgment of the Lessor's execution. LESSOR: CITY OF FORT WORTH Assistant City Manager ATTEST: AT City Secretary APPROVED AS TO FORM AND LEGALITY: Assistant LWAttorney Date: (�j LESSEE: XTO Energy Inc. Date: g,� Xg ®FFICIAL RECORty CITY SECRETARY F7: FORTH, TX ?o OIL AND GAS LEASE —121 ROW South THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned, a Notary Public, the person whose name is subscribed to the foregoing ins consideration therein expressed, on this day personally appeared �, known to me to be rument and acknowledged, that (s)he has executed the same for the purposes and GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _ 2009. For the Public Here THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared .40i `7 5° pl l� , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged, that (s)he has execute the same for the purposes and consideration therein expressed. GIVEN UNDER MY D AND SEAL OF OFFICE this day of 52009, [S Notary Public in and for the State of Texas Y�ID� F�DLE My Commission Expires:45�� Print Name of Notary Public Here 71 OIL AND GAS LEASE —121 ROW South EXHIBIT A Being 22.062 acres of land, more or less, and being a part of the John F. Heath Survey, Abstract No. 641, as conveyed by Special Warranty Deed dated May 29, 1997, from Cityview Partners, L.P., to the City of Fort Worth, Texas, as Tract No. 2 in Exhibit A as recorded in Volume 12782, Page 157, Deed Records, Tarrant County, Texas. (121 ROW South) 22 OIL AND GAS LEASE —121 ROW South .. mul FORTWORTH chy s- .. V" D.O.E. FILE SPECIFICATIONS CONTRRCTpR,S AND BONDINGgMM RACT DOCUMENTS CONSrR(JCTION'S Copy FOR CLIEN , r SET# 17 KS 8 COH LZ,Y� INTHFGN��I- ��e0�*mac • CITY ^ErRETAFY CON . V NO. 00 THE DEVELOPMENT OF HARRTET CREEK RANCH PARK — PHASE I IN THE CITY OF FORT WORTH, TEXAS TPW No. 6135 Project No. C281 541600 802470083380 MICHAEL J. MONCRIEF MAYOR DALE A. FISSEtER, P.E.- CITY MANAGER RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION Miss FUNDING OF PROJECT- BY CITY OF FORT WORTH Am,. a PARK DEDICATION FUNDS i zs Y ° ae V' e d. FEBRUARY 2009'g1F DUNAWAY NO.2006278 *' 07— OFFICIAL RECORD i -o y P' 4: n , i CITY SECRETARY FT. WORTH, TX M&C Review rage i or L as 0JTY COUNCIL AGENDA Official site of the City of Fort Worth. Texas FORT��'�'�OrR,TI I _ Im COUNCIL ACTION: Approved on 6/23/2009 - Ord. No. 18693-06-2009 PATE: 6/23/2009 REFERENCE C-23626 LOG NAME: 80HARRIET CREEK NO.: RANCH PHASE I CODE: C TYPE: NOW PUBLICCONSENT HEARING: NO !SUBJECT: Authorize a Construction Contract with Henneberger Construction, Inc., in the Amount of $195,000.00 for Park Development at Harriet Creek Ranch Park, Phase I and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: " 1. Authorize the transfer of $214,500.00 from the Park Dedication Fees Unspecified Fund to the Harriet Creek Ranch Park Project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Harriet Creek Ranch Park Project by $214,500.00; and WX 3. Authorize the City Manager to execute a contract with Henneberger Construction, Inc., in an amount of $195,000.00 for park development at Harriet Creek Ranch Park, Phase I. DISCUSSION: The purpose of this M&C is to appropriate funds for Phase I development of Harriet Creek Ranch Park and to award a construction contract to Henneberger Construction, Inc., in the amount of $195,000.00 for park improvements at Harriet Creek Ranch Park. On February 12, 2008, (MSC C-22667) the City Council authorized award of contract to Dunaway and Associates, L.P., in the amount of $49,300.00 for the design and preparation of a master plan and construction documents for this park. The project was advertised for bid on February 5, 2009 and February 12, 2009, in the Fort Worth Star -Telegram. On March 12, 2009, the following bids were received: BIDDER BASE BID PAEE Corporation $167,208.90 Henneberger Construction, Inc. $195,000.00 Humphrey & Morton Construction Co., Inc. $198,667.00 2L Construction, LLC $215,390.00 Northstar Construction, Inc. $220,080.00 Pegasus Texas Construction, LP $227,333.40 The low bidder, PAEE Corporation, did not submit the required M/WBE documents in a timely manner and was determined non -responsive. .. It is recommended that the Base Bid amount of $195,000.00 as submitted by Henneberger Construction, Inc., be approved for award of contract. Contract time is 100 working days. In addition to the contract amount, associated contingency costs for construction management/inspection and potential Change Orders amounts to $19,500.00. 6ip-//apps.cfwnet.org/cotmcit_packet/mc—review.asp?ID=I 1537&councildate=6/23/2009 6/24/2009 M&C Review Page 2 of Henneberger Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 41 percent M/WBE participation. The City's goal on this project is 13 percent. The annual cost to maintain this parkland is estimated to be $35,354.00, the majority of which is expended April through September (the growing season). Funds for this expense are included in the current operating budget. Construction is anticipated to begin in July 2009, with completion by December 2009. Harriet Creek Ranch Park is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the `- current capital budget, as appropriated, of the Parts Dedication Fees Fund. TO Fund/Account/Centers FROM Fund/Account/t:enters 2) C281 541200 802470083380 $214. 000.00 1) C281 488500 801909990100 $214.500.00 1m $214 500 00 3) C281 541200 802470083380 $195.000.00 C281 488500 802470083380 Submitted for City Manager's Office by Originating Department Head: so Additional Information Contact: Charles W. Daniels (6183) Richard Zavala (5704) Mike Ficke (5746) ,TTACHMENTS 80HARRIET CREEK RANCH PHASE 1 ACC.doc a 0 1 intp://apps.cfwnet.org/council_packet/mc—review.asp?[D=l 1537&councildate=6/23/2009 6/24/2009 ADDENDUM #1 DEVELOPMENT OF HARRIET CREEK RANCH PARK — PHASE I PROJECT NO. CIP 00833 TPW NO. 6135 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL NOTICE TO BIDDERS Date Revision 5. Pre -Bid Conference: A pre -bid conference will be held with prospective bidders at the Parks and Communities Services Offices Conference Room 1 on February 19, 2009 at 2:00 pm. END OF ADDENDUM #1 Bid Opening Date: Thursday, March 5, 2009. Acknowledge the receipt of this Addendum on your Proposal. By: Eric Seebock, Senior Landscape Architect Release Date: February 6, 2009 ADDENDUM #2 DEVELOPMENT OF HARRIET CREEK RANCH PARK — PHASE I PROJECT NO. CIP 00833 TPW NO. 6135 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CLARIFICATIONS 1. There are no electrical or water systems proposed in this project. 2. A representative from TPW Traffic Engineering will be present at the pre - construction meeting to determine if a traffic control plan will be required. Contractor will be responsible for this item if required. 3. A tree removal plan will not be required for this project. PROPOSAL Clarification Item 12 The (3) benches will be located on the outside of the playground mowstrip within individual concrete pads. Add 175 square feet of concrete flatwork to this line item. Clarification Item BA1 This line item also includes 1630 linear feet of erosion control filter sock CONSTRUCTION DOCUMENTS Sheet 15 of 15 Revision to Equipment Schedule Powerscape Modular Unit by Gametime Model TPWNP503C END OF ADDENDUM #2 Bid Opening Date: Thursday, March 5, 2009. Acknowledge the receipt of this Addendum on your Proposal. By: Eric Seebock, Senior Landscape Architect Release Date: February 26, 2009 ADDENDUM #3 DEVELOPMENT OF HARRIET CREEK RANCH PARK — PHASE I PROJECT NO. CIP 00833 TPW NO. 6135 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CLARIFICATION For temporary irrigation of the Bid Alternate play field area, a city fire hydrant is located along Harriet Creek Drive, just south of the entry to the new elementary school, if required. PROPOSAL Replace Page 3 with attached. Note Pay Items 11, 12 and 14 have been revised. CONSTRUCTION DOCUMENTS Sheet 14 of 15 Revision to Detail A Fibar playground surfacing to be a minimum of 9" depth Gravel under playground surfacing to be 3" depth Revision to Detail B Concrete edging to be 12" wide Fibar playground surfacing to be a minimum of 9" depth Gravel under playground surfacing to be 3" depth Revision to Detail D Concrete grade beam to be 12" wide Fibar playground surfacing to be a minimum of 9" depth w Gravel under playground surfacing to be 3" depth Sheet 15 of 15 Equipment Schedule Clarification of Model numbers Playground structure Gametime TFWNP503C Playworld P24424C 6' Bench Ken Coat 40P06IG 6' Table Ken Coat 1OP06SM .. 8' ADA Table Ken Coat 15PH08SM Litter Receptacle Ken Coat 71 P55DTIG END OF ADDENDUM #3 4. Bid Opening Date: Thursday, March 5, 2009. Acknowledge the receipt of this Addendum on your Proposal. By: Eric Seebock, Senior Landscape Architect Release Date: March 3, 2009 ,11 9. 360 LF 6' wide concrete trail complete in place for Dollars & Cents per LF $ $ See Sheets 3, 5, 6, 7, 8, and 12. l 10. 110 LF 4' wide concrete walk, complete in place for Dollars & Cents per EA $ $ See Sheets 3, 5, 6, 7, 8, and 12. Individual picnic table station including (1) 8' ADA table, 190 SF concrete pad and (1) litter 11. 2 EA receptacle, complete in place for Dollars & Cents per EA $ $ See Sheets 3, 5, 6, 7, 8, 14, and 15. Lim Playground - Option 2 to include playground structure, whirl, swings, wear pads, concrete mowstrip, accessible ramp, 550 SF concrete 12. 1 LS flatwork, drainage gravel, pipe and headwall, playground safety surfacing, filter fabric, (5) 6' benches, (2) litter receptacles, etc., complete in place for Dollars & Cents per LS $ $ See Sheets 3, 5, 6, 7, 8, 14, and 15. 13. 2 EA Concrete curb ramps - City of Fort Worth Standard, complete in place for Dollars & Cents per EA $ $ See Sheets 3, 5, 6, 7, 8, and 12. 24' x 24' picnic pavilion including structure, painting, slab, (2) 6' picnic tables, (1) 8' ADA picnic table, (2) 6' benches and (1) litter receptacle, 14. 1 LS complete in place for _ Dollars & Cents per LS $ $ See Sheets 3, 5, 6, 7, 8, and 13. Grass hydromulch establishment in all disturbed 15. 1 LS areas including fine grading, hydromulching, temporary irrigation, etc., providing a complete .. stand of grass for Dollars & Cents per LS $ $ _ See Sheet 9. PROPOSAL 3 ADDENDUM #4 DEVELOPMENT OF HARRIET CREEK RANCH PARK — PHASE I PROJECT NO. CIP 00833 TPW NO. 6135 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. - NOTICE TO BIDDERS Bid opening date is being extended to Thursday, March 12, 2009. All other bid requirements do not change. SPECIFICATIONS Section 02860 PLAYGOUND EQUIPMENT Replace Page 3 with attached. Note clarification of playground model numbers. CONSTRUCTION DOCUMENTS Sheet 15 of 15 _ Equipment Schedule Clarification of Model numbers Playground structure Gametime TFWNP503C Playworld P24424C Burke 36-11825 6' Bench Ken Coat 40P06IG 6' Table Ken Coat 1OP06SM 8' ADA Table Ken Coat 15PH08SM Litter Receptacle Ken Coat 71 P55DTIG END OF ADDENDUM #4 Bid Opening Date: Thursday, March 12, 2009. Acknowledge the receipt of this Addendum on your Proposal. By: 46�� - Eric Seebock, Senior Landscape Architect Release Date: March 4, 2009 1.05 JOB CONDITIONS A. The Contractor shall be responsible for the protection of unfinished work and shall be responsible for the safety of the park users utilizing unfinished equipment. B. The Contractor shall be required to submit a Safety Plan indicating the use of temporary construction fencing, signage and barriers necessary to prevent park users from utilizing unfinished equipment for Owner approval at the Pre - Construction meeting. At any time during construction non compliance to the Safety Plan or any other safety hazard is found to exist on the construction site, The Contractor shall be required to correct any and all non compliance issues and / or safety hazards immediately within the same day of notification. C. All cost incurred be the Contractor to insure compliance to this specification shall be subsidiary to the cost of purchase and installation of equipment. PART 2 — PRODUCTS 2.01 Approved play component structures for each playground prototype option (see below) and ancillary equipment shall consist of equipment supplied by pre -approved equipment manufacturers / vendors noted below and as noted on the Equipment Schedule of the plans. 1. Prototype Option No. 1 A - Gametime - Model No. TFWNP403C (Southwest Parks and Playgrounds, Inc. 1- 800-433-5347) B - Playworld Systems — Model No. P24423F (The Playwell Group 1-800- 726-1816 C - Burke — Model No. 36 - 28149 (Child's Play, Inc. 1-972-484-0600) 2. Prototype Option No. 2 A - Gametime — Model No. TFWNP503C B — Playworld Systems - Model No. P24424C _ C — Burke — Model No. 36 - 11825 3. Prototype Option No. 3 A — Gametime — Model No. TFWNP603C B - Playworld Systems — Model No. P23318B W C - Burke — Model No. 36 - 15756 PART 3 - EXECUTION 3.01 GENERAL: All items shall be supplied by Contractor and installed as per manufacturer's recommendations. PLAYGROUND EQUIPMENT 02860 — rev. 3/04/09 3 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE DEVELOPMENT OF HARRIET CREEK RANCH PARK — PHASE I IN THE CITY OF FORT WORTH, TEXAS TPW No. 6135 Project No. C281 541600 802470083380 MICHAEL J. MONCRIEF MAYOR DALE A. FISSELER, P.E. CITY MANAGER RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY CITY OF FORT WORTH PARK DEDICATION FUNDS FEBRUARY 2009 DUNAWAY NO.2006278 a ui z"h * e e • OF TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 5. CITY OF FORT WORTH PREVAILING WAGE RATES - CONTRACTOR'S PACKET (if necessary) 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. PROJECT DESIGNATION SIGN 10. TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS - SECTIONS 01100 - Summary of Work 01135 - Contract Time 01140 - Alternatives 01150 - Payment To Contractor 01300 - Submittals 01400 - Quality Control 01410 - Testing 01500 - Temporary Facilities and Controls 01640 - Substitutions and Product Options 01700 - Project Closeout 01800 - Contractor's Responsibility for Damage Claims DIVISION 2 - SITE WORK - SECTIONS 02200 - Site Preparation 02140 - Site Under drains 02300 - Earthwork 02537 - Engineered Wood Fiber Playground Surfacing 02840 - Turf Sodding 02860 - Playground Equipment 02870 - Site Furnishings 02930 - Seeding DIVISION 3 - CONCRETE / SECTIONS 03300 - Cast -in -Place Concrete DIVISION 7 - THERMAL & MOISTURE PROTECTION / SECTION 07920 - Caulking and Sealants 11. CERTIFICATE OF INSURANCE 12. BIDDER'S STATEMENT OF QUALIFICATIONS 13. PERFORMANCE BOND 14. PAYMENT BOND -. 15. MAINTENANCE BOND 16. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: PROJECT NAME: HARRIET CREEK RANCH PARK — PHASE I PROJECT NO. 00833 TPW NO. 6135 Addressed to the City of Fort Worth, Purchasing Division, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311 and received at the Purchasing Office until 1:30 p.m., Thursday, March 5, 2009 and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2"d floor — N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of $50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. 1. Wage Rates: All Bidders will be required to comply with Provision 5159a of Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and 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. 2. Minority / Women's Business Enterprise Participation Goals: In accordance with the 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 M/WBE Office or 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 and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than. 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2"d floor, City Hall, and shall obtain a wa receipt in person. Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of MWBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non -responsive. The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project. A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall. Services/materials for this project are as follows: demolition/site prep clearing/grubbing grading/earthwork playground install shelter sodding concrete seeding steel rebar site furnishings The City's minimum MNVBE goal on this project is 13% of the total dollar value of this contract. 3. Prime Bidder Qualification Requirements: The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications — Special Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub -contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) .. years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by an independent Certified Public Accountant. The Prime Bidder shall perform work its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder's Qualifications are to be submitted and received by the Parks and Community Service Department Project Manager no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. 4. Bid Addendum: 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 Project Manager. 5. Pre - Bid Conference: A pre -bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room 1 on January 19, 2009 at 2:00 pm. 6. Award of Contract The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids are opened. The award of contract, if made, will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RICHARD ZAVALA, DIRECTOR DALE A. FISSELER PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY Eric Seebock, Senior Landscape Architect (817) 871.5742 _ Advertise: Thursday, February 5, 2009 Thursday, February 12, 2009 SPECIAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS 1. BID SECURITY 2. PROPOSAL 3. ADDENDA 4. PERMITS 5. AWARD OF CONTRACT 6. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS 7. LIQUIDATED DAMAGES 8. EMPLOYMENT 9. WAGE RATES 10. FINANCIAL STATEMENT I L' INSURANCE 12. NON - RESIDENT BIDDERS 13. MINORITY / WOMEN BUSINESS ENTERPRISE 14. PROTECTION OF TREES, PLANTS AND SOIL 15. BIDDER'S STATEMENT OF QUALIFICATIONS 16. OZONE ALERT DAYS 17. WORKERS COMPENSATION INSURANCE COVERAGE w SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the -bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. - To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted - or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work iri any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non -responsive. (See Item G in the Proposal.) 4. PERMITS: The Contractor shall obtain all permits necessary for compliance to the City of Fort Worth Building Code. Fees shall be waived for permit applications. For a listing _ of anticipated project permits, refer to General Requirements: Section 01100-3. SPECIAL INSTRUCTIONS TO BIDDERS -I- 5. AWARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Community Services Department shall evaluate �. and recommend to the City Council the best bid based on the combined benefits of total bid price and number of contract days allotted, as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen, the Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within -• the number of days specified in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time, found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas. 6. PAYMENT. PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. .. D. A Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section 01150 — Item 1.14: Warranty In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-1(c). Satisfactory proof of any such reinsurance ,. shall be provided to the City as outlined in the Notice To Bidders. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to _. the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL rNSTRUCTIONS TO BIDDERS -2- C7 7. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. .. 8. 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. 9. WAGE RATES: All bidders will be required to domply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project, the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs / Grants Management Division, Finance Department at (817) 871-8365 or 871-8387 10 FINANCIAL STATEMENT: A current certified financial statement shall be provided to the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in determining the successful bidder. This statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency, 11. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non - owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS -3- D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 12. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 13. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The MEB/WBE Utilization Form, Subcontractor / Supplier Utilization Form, Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non -responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre -construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE as Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. MW The Contractor shall provide the N4/WBE Office proof of payment, to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment; 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere on to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre -approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. - Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or - examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 14. 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 871-5705. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due 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. 15. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub -contractors to be used by the bidder in the performance of this project shall be required to demonstrate experience necessary to successfully perform the proposed scope of work. The Prime Bidders' specific (1) experience, (2) stability and (3) history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in the Notice To Bidders and as noted in the specifications for the purpose of evaluating the Prime bidder / subcontractors qualifications. B. PRIME BIDDER / SUBCONTRACTOR QUALIFICATIONS 1. Demonstrate experience as either general or sub -contractor on a minimum of three (3) projects similar in scope within the last three (3) years. 2. Provide listing of surety company(s) which issued bonds for previous projects identified as demonstrated experience. 3. Provide name of surety company to be used for this project. 4. Provide a current certified financial statement as prepared by an independent Certified Public Accountant, 5. Name and qualifications for the site superintendence of the work. 6. Identify at least 50% of work which is to performed by the Prime Bidder with its .. own organization and work crews under its superintendence. 7. All sub -contractors intended for use on this project shall also demonstrate similar project scope experience (three similar projects in scope within last three years) necessary to successfully perform their respective portion of work on this project. SPECIAL INSTRUCTIONS TO BIDDERS .7. 8. Submittal of Letters Of Intent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such .. Letters of Intent to the City no later than five (5) working days upon being recognized as the overall qualified bidder by the City. Should the Prime Bidder subsequently desire to substitute a subcontractor, the Prime Bidder shall notify the Project Manager in writing along with Letter Of Intent and experience qualifications for approval prior to commencement of construction. am The documentation required herein shall be received by the Project Manager of the Parks and Community Services Department no later than five (5) City business days after the bid opening date, exclusive of the bid opening date. Recommendation of award of contract shall be contingent upon the Bidder and / or sub -contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project, that firm should be specified in your response. For each firm included in the joint venture, please provide the information required above. Under the Contract executed for this work the City will require your firm to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were employees or subcontractors of your firm. Other than those firms noted in the contract as a part of the joint venture, no other firms will be allowed to participate in the joint venture without written consent from the City. _ B. PLAYGROUND INSTALLATION AS PRIME PROJECT SCOPE 1. For projects in which the construction of playground area is the prime scope of work, bidders must be able to demonstrate the following. Failure to adequately _ demonstrate that the bidder meets these requirements may result in a recommendation that the bid be rejected as non — responsive. 2. The prime bidder shall submit such documents as are necessary to establish that the bidder has successfully and satisfactorily completed the construction and installation of at least three (3) playground facilities within the immediate past three (3) years for the state of Texas or other municipalities within the Dallas / Fort Worth Metroplex, such work to have included grading, sub surface drainage, playground perimeter concrete edging, equipment and safety surface installation. The documentation shall also demonstrate that the bidder completed the projects within the contract time without the assessment of liquidated damages. 3. If the prime bidder has not performed work for the state of Texas or municipalities within the Dallas / Fort Worth Metroplex, the bidder may still be considered if it has completed three (3) park playgrounds within the last three (3) years for private entities which included work as noted in B.1. SPECIAL INSTRUCTIONS TO BIDDERS -8- Im 4. The prime bidder in addition shall provide information that discloses or demonstrates the following: . a. Name and qualifications for the site superintendence of the work. b. Knowledge in appropriate task sequencing. c. Intended staffing requirements to construct the work within the contract time allowed. 16. OZONE ALERT DAYS: The Contractor shall be required to observe the following - ' guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission (TNRCC) in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. 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 Ozone Alert Day, that day will be considered as a weather day and added onto the.allowable weather days of a given month. 17. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor'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 r, to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. SPECIAL INSTRUCTIONS TO BIDDERS -9- a so "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; SPECIAL INSTRUCTIONS TO BIDDERS -10- (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. The providing of false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract terminated if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This .. notice must be printed with a title in at least 30 point bold type and text in at least 19 SPECIAL INSTRUCTIONS TO BIDDERS -11- w .. point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an'employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -12- PROPOSAL TO, Dale A. Fisseler, P.E. City Manager Fort'W6rth, Texas JOR: PARK IMPROVEMENTS AT: Harriet "Creek Ranch Park - Phase I 3ROJECT NO.: C 281 541600 802470083380 HENNEBERGER CONSTRUCTION, INC. 8928 Fairglen Dr. Dallas, Texas 75231 (214) 341-2562 TPW NO.6135 �; ursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Parks and Community Services Department Director of the City of Fort 'Worth. The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of •actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the CIVs right to adjust *or eliminate line items prior to the award of contract Further, by submitting a bid,- the bidder agrees to honor each line item bid price '9ivithout recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of -this proposal by the City Council, the bidder is bound to execute a contract and fumish, if applicable .Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to wit: so M PROPOSAL 1 HENNEBERGER CONSTRUCTION, IR r 8928 F3aiirglen Dr. �)U T BI ,.'AY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TITTexas 75231 11 2562 ITEM QUANTITY PRICE WRITTEN IN WORDS PRICE AAA N D .BASE BID 1. 1 EA Furnish and install Project Sign _ a._ i vE OYVAJC ¢FP 77 e3p r Dollars & 0 o Cents per FA $ r1Lo $ w• 2. 1 LS SW3P Erosion Control Plan Implementation FiF'TY Fort H u^Vtt p 5 -, X Dollars & 00 - Cents per LS $ �,406-- $ 1r--;,, 4o6. Traffic Control Plan development and 3. 1 LS implementation -79fe 5r--9V..A2eV TES Dollars & e o Cents per LS $ 3 ► r> • " $ 94o '! ' 4. 1 LS Sawcut, remove and haul -off concrete sidewalk AkNE Hutt-eP TweWrT' Dollars & aw Cents per LS $ See Sheets 3, 5, 6, 7, 8, and 12 5. 35 LF Saw cut, remove and haul off concrete curb TAe7+>7' Dollars & 170 Cents per LF $ 1pno $ �724,50 See Sheets 3, 5, 6, 7, 8, and 12. 6 1 LS Grading outside of Play Field including site preparation, vegetation removal,'and compaction for JOtC%4�"Af-v eft1f W H'uv. c uVollars & as Cents per LS $ (� Sb'S ~ $ I ( $�. o See Sheets 3 and 8. Clearing: Removal of underbrush and trees 7. 1 LS indicated to be removed including removal from site for FitCT w MAJe *0"T Fb4c Dollars & ',II� 00 Cents per LS $ GJ1 `� � ~ $ C>, �?2 ` - See Sheet 4. Tree pruning, including removal from site, in areas 8. 1 LS directed on plans for 4evE264 Nu0PeeO P fYf Se%W� Dollars & VIV Cents per LS $ '715-1 -00 $ �7 5? - p0 �. See Sheet 4. PROPOSAL. 2 we Ua/U3/U8 lo:Z/ CAA. 511 ,rAq %,&&I fir ri nvnin �.--_• --- 9. 360 LF 6, wide concrete trail complete in place for FoerY Five_ Dollars & L�' AJO S ! �, 380. •' 5o Cents per LF $ See sheets 3, 5, 5, 7, 5, and 12. 10. 110 LF 4' wide concrete walk, complete in place for -rW LA 'rwo Dollars & O Cents per FA ; 11. See Sheets 3,5,6.7. 6, surd 12. Individual picnic table station including (1) 8' ADA table, 190 SF concrete pad and (1) litter 2 EA receptacle, complete in place for -r*te6T * ur4 owpeep el%tars & 60 Cents per See Sheets 3, 5, 6, 7, 8, 14. and 15. EA S �• ••s -7 1q 00 . ao Playground - Option 2 to include playground structure, whirl. swings, wear pads, concrete mowstrip, accessible ramp, 550 SF concrete 1 LS flatwork, drainage gravel, pipe and headwall, playground safety surfacing. filter fabric, (6) 6' benches, (2) litter receptacles, etc., completo in place �k'vE ' ueorp JAVOPReD 4s'0-ff'U Dollars & Cents per LS See Sheets 3, 5, 6, 7, 8, 14, and 15- 2 EA Concrete curb ramps - City of Fort Worth Standard, complete In place for rl ku«+orz� S� Xrr �, vE Dollars & 00 Cents per See Sheets 3, 5, 6, 7, 8, and 12. �� / 3b2• S-0 GjSr362. so r EA 3 ql�6°' $ (r d 30 0 0 24' x 24' picnic pavilion Including structure, painting, slab, (2) 6' picnic tables, (1) 6' ADA picnic table, (2) 6' benches and (1) Utter receptacle, 1 LS complete in place for 'm%egF_t w-r,%6osaao,17'evE�"FtPr(Dollars & 00 Cents per LS See Sheets 3, 5, 6, 7, 8, and 13. Grass hydromulch establishment In all disturbed 1 LS areas including fine grading, hydrumulching, terrporarry irrigation, etc_, providing a complete stand of gross for 'f'Nt2TY5iXkWPeeP6-16WY Dollars& o 0 Cents per See Sheet 9. s ?✓S/?50'" s 'J$, -760 .vo LS s 6 3,68o,Colo HENNEBERGER CONSTRUCTION, INC. PROPOM 8928 Fairglen Dr. 3 Dallas, Texas 75231 (214) 341-2562 Grass sod establishment as shown on the plans including fine grading, sod, temporary irrigation, 16. 1 LS etc., complete in place for � v H v n1 r>2 GP Dollars & oa Cents per LS $ l , 1 DO • `�o $ See Sheet 9. BASE BID TOTAL: $ o _ t'C' - 'BID ALTERNATE Play field improvements including herbicide BA1. 1 LS placement, tilling, fine grading, grass establishment and temporary irrigation, complete in place for yr�{ tepee 4�y� 1 Nour� SD Voliars & 00 Cents per LS $ 67, g00 $ 5;%1 000 See Sheet 3. BID ALTERNATE TOTAL: HENNEBERGGER CONSTRUCTION, INC. 8928 Fairglen Dr. Dallas, Texas 75231 (214) 341-2562 PROPOSAL 4 .� HENNEBERGER CONSTRUCTION, INC. 8928 Fairglen Dr. BID RECAPITULATION Dallas,.Texas 75231 (214) 341-2562 via BASE BID: BID ALTERNATE 'TOTAL BASE BID AND ALTERNATE: �9S c ooc •oo $ $ 5'l, 800•�� $ 25rAf -- I goo C PROPOSAL s rho Contractor performing this contract assures that all cement used in the performance of work complies to locuments submitted with the Proposal, either providing'green' cement in accordance to the'G eel n Cement �rr:omcliancwPolia Statement. or non -green cement in compliance to the Good Faith Effort and that all Proposal line items regarding the use of concrete shall impiy.the use of such. This contract issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04 (F) of -the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used 'ror consumed In the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling tax, said exemption certificate complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor b-Ain lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95.09 as amended to be effective October 2, 1968. The undersigned assures that its employees and applicants for employment and those of -any labor organization, subcontractor or employment agency in either fumishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of 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 Hundred (100) Working Days after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the- Federal Wage Rates. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. _ In case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. mu M Receipt is hereby acknowledged of the following addenda: No. 1, L-, No. 2 L,-- No. 3 v' No. 4 t_ Respectfully submitted, Date: 3 i'l 1 `� INC- Address: HENNEBERGER CONSTRUCTION, INC• RA9R FairelPn Dr. Dallas, Texas 75231 Telephone: ( ) (214) 341-2562 PROPOSAL A FURTWQRTH ATTACHMENT 1B Page 1 of 1 M M City of Fort. Worth Pri!Y:e Contractor Waiver Form �IVl.L6EiZ Goti.L�'�uGTZ 01�1 � Ir�LC , 94.eeteTi PA2V__ Goal: 0 13% , C281 541600 802470083380 to MNV/DBE I I NON-M/W/DBE BID DATE March 5, 2009 if both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. .. �..-...,. .. tJ� • s ^Y"^!:3' xi��h.i:' :.tij.'•rwiYi.l:•? a;4ju +�.Ff f .� ..,.:Y.. r•^ �. ... Failiyerto�o`ef�t sfoXm;t•` en re n e clxrveGb. th`IUla�iaaing�Departmentonor�before° �frfi-.•i Y;,,a:sl�.,t.�a�,.f•c. „y'..�s��Y.i.:�'.4: `v'��.�.;1i°J•= �'£.q:±;:':.ita �+.rz+,r. -45z0 m:°'f bare i C.i bnsI es�s , .s atfer bide er��n xci�is e� v ie'If 1'd`:openiag date ;will cesult'in tfae'� ' ' 1 �. � ..._ .S'r^kr . u. ar .:Sr,:�',.9"SY � e{r.!p:y�•1tT:�d 6'..'4 'K+'l•'�,g'" �.�`•+�`k �j 'itcl gei'ng corasidexed7gon. ieposay,tosblc(°spec a'on's'��Y^r�rs az: . 7;� .:tr., , i�rt. L 4 i•�.. a ar -.s:u Raefu+�utist�n ;. !: f.••z•G+�!''=�4. i.:�'� . Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. NO Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City -upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original MNVBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature f5tEy •-T Printed Signature �-i�N1.1��.2E:►i✓.!Z G£�4�fCE�T�oN,ra.�C, Title Company N&W NEBER ER 8928 Fairglen Dr. Dallas, Texas 75231 Address City/state2ip Contact Name Of different) 2t4 4 34► 35� Phone Number Fax Number 4!5-Y&A Nt;" & MAC % C-E)AA Email Address MAeGk-1 t'Z , 2009 Date Rev. 6130/03 ATTACHMENT 1A -(fid Page 1 of 4 ,n y,% NIL r FORT:WORTH City of Fort Worth Subcontractors/Suppliers .Utilization Form PRIME COMPANY NAME: VAE+AuEeAeiz GarlG ors , I NC.. Check applicable block to describe prime MNV/DBE NON-MIW/DBE PROJECT NAME: BID DATE March 5, 2Q09 CRy's M/WBE Project Goal: 13% Prime's MNVBE Project Utilization: % PROJECT NUMBER C281 541600 802470083380 Identify -.all subcontractors/suppliers you will use on this project Failure `fo complete ahis form, Irr its entirety' pith requested -documentation, and received by the Managing D.e artment on .or; before 5:00 p.m. ,five (5) •City business;days;after bid --opening, exclusive of bid opening date, wjlkresult in•thar, -being considered non -responsive, 61bid:4pecifications.. `Ite�lnderslgned Offerof ,agreesta:;egtf�r=ilto;ao[ma(, agemel�fi(ith tit M/WBE "firm(s) listed.4 n: this' utilzattor�,cedt<Ile;rrlcil�iadIoi�exect'ntractie�'Cityi of'.F..ort' Worth: The interlt'ional, alcjlof= kl,q'wlg�ilSrPxentat�,°t f��yol�as#rfi�contlefioi c d�stivalficaation. and wall result tri}#hey; bld bale consicered�i�s�r� renc�rtsiuetd '%s �, -. MNVBEs 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. 4;1'eA;iify _ eacl ':`Tier leveiJ. Tier �s';'t ie .�e>�ei ;of �abcpnti aotihag below: the pnme..contractor, . i.e.,== a... -direct' pa t ie fro: e: prjrXie cot t �,s ibcor a; or s cor �sidersd a tier, a -payment by a subcontractor cy- t its'su:1ier'.Is:�co�nsldereds2`�'tie..:�.��� 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-hiuliing see . 171 w1 be_^given�;r.:cr. dit as Gong as.°the . M/WBE listed owns. and . .L -..�. is r •.-.. operates:at<lear'st one fl lly (iceras d a d';o atr`.anal #rick to::i aced oji:.#Xae contract.: The M/WBE;may lease: trucks #rorn..:another M1V1lE':`firm;'.;iracficlirac�,IVINi(BE awner.*operators,:;and .receive full 'M/VNBE.credit.. "The. ' MNYBE may. -le ase trucks fro rin : non=Ail/WB s;: inchuding owoer•=operator ; • but- will - only receive credit for -the fees and commissions earned by the MNVBE. as outlined,in the. -lease- agreement. Rev. 5/30/03 ORT.WORT rl�4`7rr,�,i'l �q ATTACHMENT I f Page 3 of 4 w 0 w w Is Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MNVBE firms first,. use additional sheets if necessary. Certification xN -SUBCONTRACTOR/SUPPLIER T (check one) : n. 'M W. N T . Company Name Address. i a ; ,` •''`M Detail Subcontracting Work Detail Supplies Purchased Dollar Amount Telephone/Fax r B B T R p O `s8 E E C T A ^' � .T#O.S 1✓ti1�1 l e0We&hA P.oB�x t5 sus 5 W PPP 3631, 50 A"nm,'lam 78-7t5 �eO�,�0►-4 Ca l 5l2 383 QZrry lele titSGo 5>QDo lE3LVE Moo►�.D F-p, �E�2 ADD 3/� 4, o0o -o FT,•wa2TN '76to6 COti<CRET a �'Tk 8t-j 34 t 94q q 5t1PIP1ZE�i ZZI GEr-rt2>; p7oq?-S CE�I.iC2�T� `l, f5Ue _ E-ibN -rk ?0428 �-� lx _f o00 .ao Sl% 2�55 is 1 gi't vi5 4u-4 F �EtI�I�FrTil-l'E �if��ufsD � P,D,0;--nr- lSO04g JiP�-tE�4T 1 +Tort/ ,'TY_ -7ftob G1yo 053z1't F �i 40 ago go3g h4 'e? ITe AMEN rr teei -117,6 NYc-� l?OAD 5�-I�LTEf� FT, WOOTN l l-K- 15/ 59 5• .� d1'1 2.1% t5439 S t'7 23b Ski So 1= 1856 tit. I H �S� ��t7 6AlZe Dl LT t>..Lr Ty- '75oob q�12 4�6 ot�.tc Ct'12 '745 60-7 HAV h/81Ufl'i i ' ATTACHMENT 1A P� M FORT WORTH Page 4 of 4 Total. Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers Is 64, cr1-1- ao TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS I $ the 'I npgty and :°Women Buslness5 Eriterpnse' Of ae Nfarii ger 'or' designee ;through.: the subrriittal` of. a Requestfor`Approval of Change/Addition.: Any-unjusted'change'-:or deletion.shall.be amaterial: breach:•:of — contract and- may result in debarment in accord with -the °procedures outlined in the ordinance. The contractor shall:.:5ubmit a detailed explanation of how the :requested= change/addition :or deletion will affect -the• committed ;(�Il/1NBE goal'.: If_the :detail::explanation..is' n9t submitted, it uyi(I;affect the'frial-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 NNW/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 NNW/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. Authorized Signature �' 1$t✓h � oe�..rf TWO Company Name iHENNEBERGER CONSTRUCTION, INC. 8928 Fairglen Dr. Dallas, Texas 75231 Address i city/stateop C-Y"-r H 1 A 14 Emu + Printed Signature contact NanxMtle Of different) 2 l 4 3 4 Telephone arWor Fax GYM HEtii G MAC_ , co#--x a2u-1 l'7, 'Zar�� Data ' M �01 iPYA 3� -P►J,I,K ATTACHMENT 1C Page 1 of 3 FORT W OR�T H City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe Cx)f-�l p l4 - 1 F1 C, Prime PROJECT NAME: MNV/DBE NON-M/W/DBE (4A-0 ! 61 GE�K 9+_►C { RA-eiL BID DATE March 5, 2009 City's MNVBE Project Goal: PROJECT NUMBER . 13% C281 641600 802470083380 ;Ifjrorrbave faileds#o:secyie M/wBE;jart'ia�iD)kfff:oriadofiYe subcontracting arad%r supplier opportunities or if.your DBEpartieipaUon's Tessthan�ttie City'RrotgoaP,?yoilmustcomplete:tfiis°:form..: If- the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Filure to coYnplete this fortn,m,?ii<s� epbrety wjth supporting documentation; and received by the �businedaferbid openingexclusive ofManaDem)sCt s fiid opening .date,'wilt result irr=the.b d being considel'ect`ns�n responsive -to bid specifications: 1.) Please list each and every subcontracting and/or supplier opportunity2 for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS), On Combined Projects, list each subcontracting and or supplier opportunity through the 2no tier. (use aaamonai sneets, ff necessary) List of Subcontracting Opportunities List of Supplier Opportunities ywPPP Fes`( 6,eout_i D 1UtPKE7�lT — 41!0 sGP.:T E Rev. 05/30/03 ATTACHMENT 9C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of MIWBE subcontractors and/or suppliers from the City's MIWBE Office. Yes Date of Listing I 'No 3.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? _ Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) 1/ No 4.) Did you. solicit bids from M/WBE.firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Ai ✓YeS (If yes, attach list to include name of MNVBE firm, person contacted, phone number and date and time of contact.) No NOTE: 'A facsimile.' may be used to comply -with either- 3-or 4, but may not be used for -both. If a facsimile pis = used, attach the fax confirmation,: whlch= .is .to.. provide M/.WBE ' name, date, time, fax number and do: menta4ion-faxed.:_. •NOTE:: tf=this listzof=M1ValBFs::foraFparticular=sutcontrctin`glsupplier= opportunity is ten (10) or less, he l�IdderFmust contact the. entire: lisxttartie rnrcottipl ance iiith�giiestions.3 and 4: '.ff°the°list of.. MIWBEsJor a. port)colarstlbcontractlttg/suppiee,opporturntysis=ten:(�'0) or more, ,the bidder must _contact at least two= �th�irds (2/3) of the list viFlthln such ;area Afropportunity; brit`;.not.less'thaq ten to .be`in compliance with :questions 3.and:4.. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? ✓ Yes No 6.) Submit.documentation if MIWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, .the bidder will provide for confidential in -camera access to and Inspection of any relevant documentation by City personnel. !Please use additional sheets• if necessary. and attach_) Company Name Telephone Contact Person Scope of Work Reason for Rejection �.�►Yt��i-�- R"IZQ�s933 Gt�up►a Wot.acz �Y�ouF+p� P, i�ld� BrD Rev. 05/30/03 + - 4.1 rill 'I OW 4 m ATTACHMENT 1C, Page 3.of 3 No ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MNVBE participation -on this project. We- W t L-L- W at? ic- W rr4-4 a Ut- Ovit-t FD'LGE�i V IE Gi0(-tGtTED ¢3tDh FEoM PbTt', T (NL. SuPPLtF9-5 . PL-AYe:n aOO t-AO SQL.) j PM 1AT (S A. L, e6!e - P'Af-T OF T l-! C FbT�IAL The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an, irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment IC will be contacted and the reasons for not using them will be verified by the 4W°s wiP' BE office. Authorized Signature me� c oE*-+g Title Company Name 8928 Fairglen Dr. Dallas, Texas 75231 (214) 341-2562 Address City/Stateop INC. Printed Signature Contact Name and Title (if different) 2(4- -224 t z s6 z Phone Number Fax Number G`F� kei—t 6 NtAL , Cem Email Address I�tA�L kt 1"-j , ZOD S' Date Rev. 06/30/03 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10,06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $12.80 Concrete Finisher, Paving $12.85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dra line, Shovel Operator $14.12 Electrician $18.12 Fla er $ 8.43 Form Builder/Setter, Structures $11.63 Form Setter, Paving & Curb $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16,30 Front End Loader Operator $12.62 Laborer, Common $ 9.18 Laborer, Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade $15.20 Motor. Grader Operator, Rough $14.50 Oiler $14.98 Painter, Structures $13.17 Pavement Marking Machine Operator $10.04 Pi ela er $11.04 Reinforcing Steel Setter, Paving $14.86 Reinforcing Steel Setter, Structure $16.29 Roller Operator, Pneumatic, Self -Propelled $11.07 Roller Operator, Steel Wheel, Flat Wbeel/Tamping $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement $11.28 Scraper Operator $11.42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10,92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver, Lowboy -Float $14.93 Truck Driver, Single Axle, Heavy $11.47 Truck Driver, Single Axle, Light $10.91 Truck Driver, Tandem Axle, Semi -Trailer $11.75 Truck Driver, Transit -Mix $12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 M 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY .,A No no Classification Hrly Rate Classification Hrly Rate AC Mechanic $21.69 Plumber $20.43 AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/ Stone Mason $19.12 Roofer $14.00 Bricklayer/Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 Carpenter Hetper $11.91 1 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler System Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall. Helper $10.91 1 Concrete Pump $20.50 Drywall Taper $13.00 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $17.76 Drywall Taper Helper $9.00 Forklift $12.63 Electrician (Journeyman) $20.20 Front End Loader $10.50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electronic Technician Helper $12.00 Welder Helper $9.75 Floor Layer (Resilient) $20.00 Floor Layer Helper $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator $14.78 Insulator Hetper $11.25 Laborer Common $10.27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper $8.00 Pi efitter $18.85 Pi efitter Helper $12.83 Plasterer $17.25 Plasterer Helper $12.25 Compliance with and Enforcement of Prevailing Wage Laws (a) PgV to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), 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. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for i each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 3 1 " day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. - The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor 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. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. r. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs r, (a) through (g) above. M No i MW C-] WEATHER TABLE MONTH AVERAGE DAYS RAINFALL (1) INCHES RAINFALL (2) SNOW/ICE PELLETS (3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 MARCH 7 2.54 APRIL 9 4.30 0 MAY 8 4.47 0 JUNE 6 3.05 0 JULY 5 1.84 0 AUGUST 5 2.26 0 SEPTEMBER 7 3.15 0 OCTOBER 6 2.68 0 NOVEMBER 6 2.03 0 DECEMBER 7 1.82 ANNUALLY 80 32.30 1 (1) Average normal number of days rainfall, 0.01" or more. (2) Average normal precipitation. (3) One inch (1") or more. * Less than one-half inch (1/2"). Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport, Fort Worth, Texas, covering a period of 18 years. Latitude 32' 50' N, Longitude 97' 03' W, elevation (ground) 537 ft. so VENDOR COMPLIANCE TO STATE LAW Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. ur principal place of business or corporate office is in the State of Texas. ❑ Please Check or mark with an " X" 13.311 1 . HENNEBERGER CONSTRUCTION, INC. 8928 Fairglen Dr. Dallas, Texas 7 231 (214) 341-212: Company (please print) (please print) (please print) City / State Signature: Title: , Zip THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VENDOR COMPLIANCE TO STATE LAW VENDOR COMPLIANCE TO STATE LAW Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. ❑ Please Check or mark with an "X" BIDDER: (please print) (please print) (please print) City / State By: Company Signature: Title: Zip THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VENDOR COMPLIANCE TO STATE LAW 1-1 TO THE EMPLOYER/CONTRACTOR: Pursuant to Texas Worker's Compensation Commission Rule 110.110(d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this rule does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Commission rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer's employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and (5) contain the exact words as prescribed in Rule 110.110(d)(7) without additional words or changes. The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and commission rules. The violator may be subject to administrative penalties. REQUIRED WORKERS'COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status, as an employee. Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. COBERTURA REQUERIDA DE COMPENSACION PARR TRABAJADORES La ley requiere que cada persona trabaj ando en este sitio o proporciona servicios relacionados con este proyecto de construccion tiene que estar cubierto por aseguranza de compensacion Para trabajadores. Esto incluye personas que pro9porcionan, cargan, entregan equipo o materiales o proporcionan mano de obrra, transportan, o cualquier servicio relacionado con este proyecto, sin considerar la identidad del patron o estado del empleado. Llame a la Comision Tej ana de Compensacion Para Trabaj adores al 512- 440-3789 Para recibir informacion de los requerimientos legales de cobertura, Para verificar si su patron le ha proporcionado la cobertura requerida o Para reportar falta del patron en proporcionarle cobertura. 4'-00 No PROJECT DESIGNATION SIGN PMS-266 _T 1 " 4�# r0RTw.01T d �-- PMS - 167 r 3" 3 Project Titles " O � 1 3 LINE IF NECESSARY 3 y 1 Contractor: b" 2�'LContract®r°s Name-T- 2` FUNrDED BY -• t 1" 1 PARK DEDICATION FUNDS -7 T21- T= Scheduled Completion Date I Year 5„ 1 1"J FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 LETTERING • PMS 288 BACKGROUND -WHITE BORDER - BLUE PROJECT DESIGNATION SIGN (Community Development Block Grant projects, only) TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS `' SECTION 01100 - SU DIARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment, materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: Harriet Creek Ranch Park — Phase I These plans and specifications were prepared by the Parks and Community Services Department. The Transportation & Public Works Department will administer the contract and furnish inspection. In addition to project performance stated above, the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. 3. Obtaining all necessary permits applicable to this project through the City of Fort Worth LL Planning and Development Department — Development Division — Plans Exam. Permit fees shall be waived. Anyproposed item below noted in either a. or b. and is part of the project scope shall require•a permit: a. Shelter or Pavilion / Bridge structure — Building Permit b. Water fountain — Plumbing Permit The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth, Texas, shall apply to this contract just as though each _. were incorporated in these documents. Where the provisions or specifications contained in those documents are contrary to this publication, this publication shall govern. In case of conflict between plans -and specifications, the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas. GENERAL REQUIREMENTS -1- M The Contractor shall be responsible for obtaining permits when either water or electrical service = is required for the project and give all notices necessary and incidental to the due and lawful prosecution of the work. SECTION 01135 - CONTRACT TIME 1.01 PROGRESS AND COMPLETION Upon receipt of a notification letter and the executed construction contract, the Contractor shall be responsible for scheduling a preconstruction conference, which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference , a construction start date shall be established and indicated in the Notice to Proceed (Work Order) issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days allowed, to include contract time specified at award of contract plus any additional contract time added through executed Change Orders. If project construction exceeds the allotted contract time, liquidated damages will be assessed on the total amount of contract, to include contract amount increases due to Change Order work, as stipulated in the City of. Fort Worth Standard Specification for Street and Storm Drain Construction — Item No. 8.6 — Failure to Complete Work On Time — Pg. 27. 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. SECTION 01140 - ALTERNATIVES The City reserves the right to abandon, without obligation to the contractor, any part of the project (subject to conditions set forth in Section 01150 - Payment to Contractor) or the entire project at anytime before the Contractor begins any construction work authorized by the City. SECTION 01150 - PAYMENT TO CONTRACTOR, PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor, tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the action of the elements, or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all GENERAL REQUIREMENTS -2- risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright, and for completing the work according to the plans and/or specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense, the defective parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1 st day and 15th day of each month that the work is in progress. Estimates will be .. paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. 1.04 The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage - For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of $400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work, less retainage, from the City, on each partial payment period. Payment of the retainage will be included with the final payment after acceptance of the project being complete. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to. make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. GENERAL REQUIREMENTS -3- 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seMc (1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner 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. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in. anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor, that is authorized and approved by the City Engineer, will be paid for under "Change orders" made in the manner hereinafter described, and the compensation thus provided shall be _. accepted by the Contractor as payment in full for all labor, subcontracts, materials, tools, equipment and incidentals, and for all supervision, insurance, bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of "Change orders" to be selected by the City: = A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. B. Method "B". By a lump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work, plus 15 percent as described herein below, agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers working on said project; all used on such extra work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds, public liability, workmen's compensation and all other insurance required by law or ordinance. The GENERAL REQUIREMENTS -4- City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the City Engineer access to all accounts, bills, invoices and vouchers relating thereto. 1.10 DELAYS: If delay is caused by specific orders given by the City to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that 40 the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. 1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men, materials or equipment will be allowed. 1.13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding (1) final quantities, *� or (2) liquidated damages, the City shall make a progress payment in the amount that the City deems due and payable. w. On projects divided into two or more units, the Contractor may request a final payment on one or more units which have been completed and accepted. GENERAL REQUIREMENTS -5- _ On delivery of the final payment, the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY: The Contractor shall be responsible for defects in this project due to faulty workmanship or materials, or both, for a- period of two (2) years beginning as of the date that the final punch list has been completed and the project accepted by the City replace, at own expense, any part, or all, of this project which becomes defective due to these causes. SECTION 01300 - SUBMITTALS Prior to construction, the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment (if applicable) and project clean-up. The Contractor shall submit to the Project Manager shop drawings, product data and samples required in specification sections. Refer to Section 01640 —1.02. SECTION 01400 - QUALITY CONTROL F • The Contractor will receive all instructions and approvals from the Director of Engineering and/or his assigned inspectors. The inspector will be introduced to the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or paid for. Final approval for the finished project shall be given by the Director of Engineering, City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 - TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. GENERAL REQUIREMENTS -6- _ The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ,. ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet, shall be placed inside and outside vehicles such as cranes, derricks, power shovel, drilling rigs, pile drivers, hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage -type guard about the boom or arm, except backhoes or dippers, and insulator links on the -° lift hood connections. When necessary'to work within six feet of high voltage electric lines, the Contractor shall notify - power company (TU Electric or the appropriate power supplier) to erect temporary mechanical barriers, de -energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. SECTION 01640 - PRODUCT OPTIONS 1.01 GENERAL M For review and approval of products to be used on this project, send submittals to: Eric Seebock, Senior Landscape Architect (817) 871.5742 Parks and Community Services Department 4200 S. Freeway Suite 2200 r. Fort Worth, Texas 76115-1499 1.02 PRODUCTS LIST A. Within five (5) Working Days after commencement of work, the Contractor shall submit to the Project Manager two (2) copies of complete list of all specified products and submittals for review and approval. B. All specified manufacturer's products listed in the Equipment Schedule in the construction plans have been previously reviewed and approved in conformance to playground prototype designs approved for use in the City of Fort Worth. GENERAL REQUIREMENTS -7- r C. All equipment specified (composite play structures, arch swings, buck -a -bouts, spring animals, whirls) which comprise the various playground prototype options has been designed to conform to both the Consumer Product Safety Commission (CPSC) guidelines and Americans With Disabilities Act (ADA) requirements and as such, no other product equipment shall, be considered. C. For products specified under reference standards, include with listing of each product: 1. Name and address of manufacturer 2. Trade name 3. Model or catalog designation 4. Manufacturer's data a. Performance and test data b. Reference standards D. Specified material shall not be ordered by the Contractor until such time product material submittals have been received, reviewed and approved by the project consultant and / or City. SECTION 01700 - PROJECT CLOSEOUT 1.01 CLEAN - UP The Contractor shall make final clean-up of the construction area, to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials, pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers, ready -mix trucks, tools, etc., shall take place in an area designated by the Parks and Community Services Department. SECTION 01800 - 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 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 GENERAL REQUIREMENTS -8- AN 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 in ury 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 appropriate, refuse to accept bids on any 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. END OF DIVISION GENERAL REQUIREMENTS -9- SECTION 02140 - SITE UNDERDRAINS PART I - GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services an required to construct underdrains to the required lines, grades, and cross sections as specified herein and on the -plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 - Earthwork. B. Section 03300 - Cast -in -Place Concrete PART2-PRODUCTS 2.01 UNDERDRAIN PIPE: Pipe and fittings shall be flexible, corrugated tubing manufactured of high -density polyethylene resins and conforming to ASTM Product Specifications F-405 and F-667. Drainage tubing shall be as manufactured by Advanced Drainage Systems (ADS), Inc., of Columbus, Ohio. The local manufacturing plant which will provide a list of suppliers is in Ennis, Texas - telephone (972) 878-9600. A. Perforated Pipe: Perforations shall be linear slots cut radially into the tubing wall between corrugations. Perforated pipe will be furnished complete with the Cerex nylon "Drain Guard" screen. The screen will completely surround the pipe and will have a lapped, welded longitudinal joint. B. Non -Perforated Pipe: Non -perforated pipe shall be used for collector lines which .. convey the water from perforated pipe to the concrete inlet or outfall. C. Fittings: All couplings, reducers, tees, ells, plugs, caps, and other fittings shall be non - perforated and shall be of the same manufacturer as the drainage tubing. A fitting shall be used at each pipe junction/termination, as appropriate. W 2.02 FILTER MATERIAL: Filter material for use in backfilling trenches over and around underdrains shall consist of 1 1/2" to 2" gravel washed free of organic or other deleterious matter. J0 2.03 FILTER FABRIC: Filter fabric to line and lap over gravel filled subdrain trench shall be Mirafi 140N drainage fabric as manufactured by Celanese Corporation, (800) 223-9811, or approved equal. PART 3 - EXECUTION 3.01 VERTICAL AND HORIZONTAL CONTROLS: A. The Contractor shall establish or shall employ a licensed surveyor to establish all lines and grades necessary for each stage of the work described herein. SITE UNDERDRAINS 02140 -1- a B. Provide blue tops for reference in dressing trench bottoms at intervals not to exceed 30 feet along the centerline of each trench. 3.02 UNDERDRAINS: Trenches for underdrains shall be dug after the subgrade is prepared. The excavation of each trench shall begin at its outlet and proceed toward its upper end. The trench must not be excavated below the proposed grade line. Trenches will be cleaned of all loose material and their bottoms will be dressed and fine graded to blue tops set as previously described. Trenches shall be lined with filter fabric and underdrain pipe shall be set on the trench bottom. All fittings shall be securely coupled and all open ends will be capped. The pipe shall be carefully covered with the gravel filter material and the filter fabric shall be lapped over the trench. Care shall be taken not to damage the pipe or its fabric filter screen. Underdrain pipe shall be connected to solid pipe joints and to outfall at the concrete structure/collar as indicated in the plans. Care shall be taken not to loosen or cave-in the trench walls. Any such damage will be excavated and will be backfilled in mechanically tamped lifts not to exceed eight inches and will be re -constructed. 3.03 SETTLEMENT: After the trench has been backfilled it shall be thoroughly soaked. This process shall be repeated two times allowing the backfill material to dry twenty-four hours before wetting again. END OF SECTION SITE UNDERDRAINS 02I40 -2- SECTION 02200 - SITE PREPARATION PART 1- GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment and services required for clearing and grubbing, demolition, and removal and disposal of items as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 - Earthwork B. Existing Conditions, Removal and Demolition Items. PART 2 — PRODUCTS 2.01 No products are required to execute this work, except as the Contractor may deem necessary. PART 3 — EXECUTION 3.01 CLEARING AND GRUBBING: A. Clearing and.grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general, clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans, all trees and shrubs of three inch (3") caliper or less (caliper is the diameter as measured twelve inches (12") above the ground) and all scrub growth, such as cactus, yucca, vines, and shrub thickets, shall be cleared. All dead trees, logs, stumps, rubbish of any nature, and other surface debris shall also be cleared. D. Buried material such as logs, stumps, roots of downed trees that are greater than one and one half inches (1-1/2") in diameter, matted roots, rubbish, and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches (24') below proposed finished grades. E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by "blading" off the uppermost layers of sod or root -matted soil for removal. SITE PREPARATION 02200 -1- 3.02 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet (Y) of an en existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, �+ the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting, the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. w w B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty inches (30") in length or width. 3.03 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations, fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night, the Contractor shall be responsible to provide barriers and / or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and demolition shall be known as "waste" or "spoils" and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by subgrade preparation. Unless otherwise specified any merchantable items become the property of the Contractor. END OF SECTION SITE PREPARATION 02200 -2- SECTION 02300 - EARTHWORK PART 1-GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYNIENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 - PRODUCTS M 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments, provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL On -Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less, than the upper six inches (6") in depth. EARTHWORK 02300 -]- y 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off -site sources as necessary to construct the embankment and various other details of the construction _ plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. I. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of an high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 -2- PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations.. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end _ loader buckets are. not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTHWORK 02300 -3- 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by -� approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. EARTHWORK .. 02300 -4- no _ D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six (6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be _ accomplished by plowing, discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1, the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet (2') normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight (8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand -directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g., under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%) of Standard Density ASTM D698 with plus four percent (4%) or minus two percent (2%) percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM EARTHWORK 02300 -5- no D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12'1 of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION EARTHWORK 02300 -6- SECTION 02537 — WOOD FIBER PLAYGROUND SURFACING PART I — GENERAL 1.01 SCOPE Surfacing tasks for wood fiber surfacing with drainage system includes all labor, materials and equipment necessary for, and pertinent to, the work to be done. Work will be accomplished in a thorough and workmanlike manner. The specified product will be applied strictly in accordance with the manufacturer's recommendations. PART 2 — PRODUCTS 2.01 MATERIALS A. ENGINEERED WOOD FIBER SURFACING 1. Surfacing material shall consist of. a. Hardwood tree stock in which 80% of material is 1"-11/2" in length X 1/4" to 3/8" diameter maximum size. A delivery ticket from the mill of origin will be required to verify that material is 100% hardwood stock. b. The contractor shall be required to submit samples for approval. However, approval shall in no way mean acceptance of material delivered to the site in the event the Project Manager finds that the delivered material does not meet specifications. In the event that the material delivered to the project sites is found to be unacceptable, the Contractor shall be required to remove such material off the site and provide acceptable material. c. Softwood fibers, standard wood chips, bark mulch, recycled wood from pallets or waste wood, shredded or otherwise, twigs, bark, leaf debris or other organic material incorporated within will not be accepted. 2. All material shall be compacted to the depth indicated on plans. DRAINAGE FABRIC I. Product used shall be FibarFelt, DuraLiner, or aproved equal polyester nonwoven engineering geotextile fabric. 2. Bidder will provide enough material to allow for 12" overlap on all seams. C. DRAINAGE MATRIX I. 4" diameter ADS perforated pipe with sock installed within the subgrade gravel trench as indicated on plans. WOOD FIBER PLAYGROUND SURFACING 02537 -1- M '_W _1 v I. Product used shall be per playground equipment manufacturer's . recommendation and meet ASTM F1292-91 playground surfacing standard for a drop height not to exceed 3.5 feet. Must be installed under all swings and slides to preserve warranty. Method of installation / anchorage shall be per manufacturer's recommendations. PART 3 - SPECIAL REQUIREMENTS 3.01 QUALITY CONTROL A. The Bidder will provide the owner or its designated contractor with all necessary licenses prior to start of construction in accordance with U. S. Patents. B. Supplier must provide test results for impact attenuation in accordance with ASTM F1292-93; Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment. Results must be provided for new material and for 5-year-old material. C. Testing must show "g" ratings of not more than 155g for the 8" thick system, or 120g for the 12" system at 12' fall heights, and HIC values of less than 1,000 for both new and 8-year-old material. D. Product must be wheelchair accessible and meet the requirements of the 1990 Americans with Disabilities Act (ADA) in accordance with ASTM PS83-97. -- E. The Bidder will provide copies of flammability testing procedures and results using (i) Section 1500.44 of the Federal Hazardous Substance Act, Title 16, Chapter II, Subchapter C, for rigid and pliable solids, and (ii) 16 CFR Part 1630 Standard for the Surface Flammability of Carpets and Rugs (FF 1-70), Modified Procedure. Testing should be performed by an independent testing laboratory. F. The Bidder will provide copies of testing procedures and results of (i) new shredded wood fibre, and (ii) shredded wood fibre not less than five years old taken from an existing site, performed by an independent testing source using the "- ASTM F1292-91 playground safety surfacing standard. G. The Bidder will provide at least three references of handicapped -accessible playgrounds that have been installed with said surface. 3.02 WARRANTY All materials and labor under this Section shall be installed by a contractor authorized by WOOD FIBER PLAYGROUND SURFACING 02537 -2- the manufacturer. Safety surface shall be warranted for labor and materials for a period of no less than two years. Written warranty must be submitted by the manufacturer and the authorized installer. PART 4 — EXECUTION A. PREPARATION Installer shall thoroughly examine the site and specifications, carefully checking the dimensions before starting work. B. SUBGRADE 1. The subgrade shall be graded a minimum of 1.5% (percent) — max. 2%. All roots, stones, and vegetation shall be removed. 2. The drainage matrix must be connected to the drainage system. 3. The first 6" of subgrade shall be compacted to at least 95 percent of the dry density, as determined by the provisions of AASHTO or T 205, as modified in 203.24. C. APPLICATION: 1. Wood fiber surfacing system with gravel and subdrain. Install per plans and specifications. a. Aggregate Drainage Material 1. Install subdrain trench per plan. 2. Cover subgrade with washed stone, 3/8" to 1/2" diameter, at a uniform depth of three inches. 3. Install drainage fabric over drainage aggregate, overlapping all seams by at least 12". Cut to fit around equipment as necessary and overlap seams as previously mentioned. 4. Install wood fiber safety surfacing at the depth indicated on plans (compacted). Contractor shall be responsible for applying additional material as required in order to maintain safety surface finish elevation and anticipated settling for a period of sixty (60) days following project acceptance. END OF SECTION WOOD FIBER PLAYGROUND SURFACING 02537 -3. WOOD FIBER PLAYGROUND SURFACING 02537 -4- m SECTION 02840 - TURF SODDING PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor, materials and equipment for soil preparation, fertilization, planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod, fertilizer, compost, soil amendments or other materials may be requested by the Project Manager. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the Project Manager. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. Iwo TURF SODDING 02840 -1- M. PART 2-PRODUCTS 2.01 SOD A. The sod shall be "Common Bermuda" and shall consist of stolons, leaf blades, rhizomes - and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay -loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to -grass. B. The sod shall be cut in strips four feet wide, or as called for on plan, to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be fiunished by the Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline pH condition: Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas, or an approved equal. B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "Newtife Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the Project Manager's approval. TURF SODDING 02840 -2- PART 3 - EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope, parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches (Y) before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel - type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. - 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, ' tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by mechanical roller so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning as per requirements indicated in Part 2 — 2.03 Water END OF SECTION TURF SODDING 02840 -3- SECTION 02860 - PLAYGROUND EQUIPMENT PART 1- GENERAL ., 1.01 DESCRIPTION A. This section shall include all materials, labor, tools, equipment, transportation and supervision required for the installation of new playground equipment. 1.02 RELATED WORK A. Section 02140 — Site Under drains B. Section 02537 - Engineered Wood Fibar Playground Surfacing C. Section 02870 - Site Furnishings B. Section 03300 - Cast -In -Place Concrete 1.03 QUALITY ASSURANCE / PRODUCTS A. Codes and Standards: 1 .All equipment and materials shall comply to the following standards: a. U. S. Consumer Product Safety Commission (CPSC) b. ASTM Designation F1487 (Standard Consumer Safety Performance Specification for Playground Equipment for Public Use) c. International Play Equipment Manufacturers Association (IPEMA) 2. All equipment shall be new and conform to equipment standards as noted in Part 2-2.02. 3. The Bidder shall be responsible for defects in equipment due to faulty material or manufacturing, damage or loss. B. Submittals: 1. Submittals must be received and approved by the Project Manager prior to ordering equipment. Refer to General Requirements — Section 01640 —1.02. 2. Submittals Prior to Construction - Submit manufacturers' documentation of product compliance with CPSC and ASTM F1487 Standards including: a. All paints and other similar finishes must meet the current CPSC regulation for lead in paint (0.06 percent maximum lead by dry weight). PLAYGROUND EQUIPMENT 02860 1 b. Regardless of the material or the treatment process, the manufacturer shall ensure that the users of the playground equipment cannot ingest, inhale, or absorb any potentially hazardous amounts of substances through body surfaces as a result of contact with the equipment. C. Submittals must be received and approved by the Project Manager prior to ordering'equipment. Refer to General Requirements — Section 01640 —1.02 3. Submittals Prior to Project Acceptance — Contractor shall submit all manufacturers' literature to the Project Manager prior to acceptance of the project. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect from inclement weather: wet, damp, extreme heat or cold. B. Store in a manner to prevent warpage, bowing or damage. C. All construction material such as subsurface drain gravel and play surface material may not be delivered to the site until installation of such material. D. Operation and Maintenance Manuals — Prepare and deliver to the Owner within ten (10) calendar days prior to completion of construction; two (2) hard cover and three (3) ring binders containing the following information: 1. Index sheet stating Contractor's address, telephone and fax number, e-mail address and listing of equipment with the name and addresses of the local equipment manufacturer's representative. 2. Catalog and parts sheets on each product and equipment type installed under contract 3. Guarantee Statement. 4. Complete operating and maintenance instruction on all major equipment. PLAYGROUND EQUIPMENT 02860 2 no �j 1.05 JOB CONDITIONS as A. The Contractor shall be responsible for the protection of unfinished work and shall be responsible for the safety of the park users utilizing unfinished equipment. MW no B. The Contractor shall be required to submit a Safety Plan indicating the use of temporary construction fencing, signage and barriers necessary to prevent park users from utilizing unfinished equipment for Owner approval at the Pre - Construction meeting. At any time during construction non compliance to the Safety Plan or any other safety hazard is found to exist on the construction site, The Contractor shall be required to correct any and all non compliance issues and / or safety hazards immediately within the same day of notification. C. All cost incurred be the Contractor to insure compliance to this specification shall be subsidiary to the cost of purchase and installation of equipment. PART 2 — PRODUCTS 2.01 Approved play component structures for each playground prototype option (see below) and ancillary equipment shall consist of equipment supplied by pre -approved equipment manufacturers / vendors noted below and as noted on the Equipment Schedule of the plans. 1. Prototype Option No,1 A - Gametime - Model No. TFWNP403C (Southwest Parks and Playgrounds, Inc. 1- 800-433-5347) B - Playworld Systems — Model No. P24423F (The Playwell Group 1-800- 726-1816 C - Burke — Model No. 57-8 (Child's Play, Inc. 1-972-484-0600) 2. Prototype Option No. 2 A - Gametime — Model No. TFWNP503C B — Playworld Systems - Model No. P24424C 3. Prototype Option No. 3 A — Gametime —Model No. TFVW603C B - Playworld Systems — Model No. P23318B C - Burke — Model No. 56-8 PART 3 - EXECUTION 3.01 GENERAL: All items shall be supplied by Contractor and installed as per manufacturer's recommendations. PLAYGROUND EQUIPMENT 02860 3 09. 3.02 FALL ZONES: Contractor shall verify all fall zone clearances onsite prior to installing the equipment. Notify the Landscape Architect of any conflicts or discrepancies. The Contractor will be required to remove and reinstall any mow strips / hardscape at own expense and at no additional contract time if fall zone discrepancies are found and require remedy 2.03 CONCRETE FOOTINGS: The finished grade of all concrete footings shall be set a minimum twelve inches below the finish grade of surfacing material. 2.04 FASTENERS: All nuts and bolts shall be upset and tack welded to prevent disassembly on all equipment that is not installed with specialized fasteners. 2.05 INSTALLATION SEQUENCING: The Contractor will not be allowed to deliver on site and install any playground equipment until gradework, mow strip, subsurface drainage and all other bardscape items have been installed and approved by the Project Manager. The Contractor will be required to remove any equipment from the site at own expense and at no additional contract time if found to be in non- compliance to this specification note. END OF SECTION PLAYGROUND EQUIPMENT 02860 4 SECTION 02870 - SITE FURNISHINGS PART 1- GENERAL 1.01 DESCRIPTION Furnish and supply all labor, equipment, materials and incidentals necessary to assemble, install and otherwise construct park equipment as listed under products. 1.02 RELATED WORK A. Section 03300 - Cast -in -Place Concrete. - B. Section 07920 - Caulking and Sealants 1.03 QUALITY ASSURANCE A. All equipment shall be free of sharp edges and corners, or extremely rough surfaces. C. All materials shall be new and conform to all standards per specified product or aproved equal (see Division I — Section 01640 / Substitutions And Product Options D. The bidder shall be responsible for defects in equipment due to faulty materials or manufacturing, damage or loss. E. Metal shall be straight or at design radii or bends, without kinks, and shall be true to shape. E. Codes and Standards: All "accessible" site furnishings shall comply with the current Texas Accessibility Standards CTASI of the Architectural Barriers Act, Article 9102, Texas Civil Statutes (512) 453-3211. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect from inclement weather: wet, damp, extreme heat or cold. B. Store in a manner to prevent warpage and/or bowing. 1.05 JOB CONDITIONS The contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users utilizing unfinished equipment. SITE FURNISHINGS 02870 -1- PART2-PRODUCTS 2.01 See the plans for product specifications. PART 3 - EXECUTION 3.01 INSTALLATION A. Fasteners: All nuts and bolts shall be upset and tack welded to prevent disassembly. B. Manufacturer's Installation Instructions: The Contractor shall follow the manufacturer's installation instructions and submit to the owner the instructions for filing, unless otherwise stated. Set benches and picnic tables level. END OF SECTION SITE FURNISHINGS 02870 -2- SECTION 02930 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930 - SEEDING -I- IN f. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 — PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name hdV 25 Bermuda (unhulled) Cynodon dactylon 85% 75 Bermuda (hulled) Cynodon dactylon 95% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 40 Bermuda (unhulled) Cynodon dactylon 84% SECTION 02930 - SEEDING -2- Germination 90% 90% 80% 85% M 2 Native grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0:5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia Galva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. SECTION 02930 - SEEDING -3- B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. .. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds - of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor , at no cost to the Owner, by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B.2. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary .. according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied for approximately three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING -4- PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (P) deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2") inch inside "drip line" of trees. C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. -• 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (Finch, remove grass clippings, so seed can make contact with the soil. y B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as .fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SECTION 02930 - SEEDING -5- 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or -� 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 MAINTENANCE AND ACCEPTANCE A. Includes protection, replanting, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be executed by the contractor. B. All areas requiring revegetation shall have 100% established stand coverage prior to City acceptance. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within �. two to three (2-3) weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent (80%) coverage of growing —• plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930 - SEEDING -6- NATIVE AMERICAN SEED -RECOMMENDATION NATIVE GRASS SEED Lbs. PLS/Acre Common Name Botanical Name 6 Big Bluestem Andropogon gerardii 1.2 Blue Grama Bouteloua gracilis 17 Buffalograss Buchloe dactyloides 8 Eastern Gama Tripsacum dactyloides 1.6 Green Sprangletop Leptochloa dubia 1.8 Indiangrass" Sorghastrum nutans 3.7 Little Bluestem" Schizachyrium scoparium 10 Prairie Wildrye' Elymus canadensis 0.5 Sand Lovegrass Eragrostis trichodes 5.5 Sideoats Grama* Bouteloua curtipendula 1.8 Switchgrass Panicum virgatum These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. WILDFLOWER SEED Lbs. PLS/Acre Common Name Botanical Name 3 Bush Sunflower Sinsia calva 5 Butterfly Weed Asclepias tuberosa 2 Clasping Coneflower" Rudbeckia amplexicaulis 1 Foxglove` Penstemon cobaea 3 Golden -Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus iliinoensis 13.6 Partridge Pea Cassia fasciculata 2 Prairie Verbena Verbena bipinnatifida 8 Texas Yellow Star Lindheimed texana 3 Winecup Callirhoe involucrata 2 Black-eyed Susan Rudbeckia hirta 18 Cutleaf Daisy Engelmannia pinnatifida 4 Maximiliian Sunflower` Helianthus maximiliani 2 Obedient Plant Physostegia intermedia 1 Pink Evening Primrose Oenothera speciosa 3 Pitcher Sage Salvia azurea 2 Plains Coreopsis Coreopsis tinctoria 8 Scarlet Sage Salvia coccinea These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a wlkway. COST FOR PROPOSED MIXES FROM NATIVE AMERICAN SEED MIX PRICE/PLS PRICE/ACRE 18.16 ACRES Buffer Area Mix grasses/wildflowers $54.23 $614.66 $11,162.23 Wetland Fringe Mix N/A $1,397.35 $25,375.88 NATIVE AMERICAN SEED - RECOMMENDED MIX FOR RIVERSIDE OXBOW BUFFER AREA AROUND SOCCER FIELD - SUGGESSTED MIX (grass/flowers per 18 acres) Lbs. PLS/Acre Lbs./Mix % of Mix Common Name Botanical -Name 6 16.4 7.94 Big Bluestem Andropogon gerardii 1.2 3 1.47 Blue Grama Bouteloua gracilis 17 46.9 22.65 Buffalograss Buchloe dactyloides 8 22 10.59 Eastern Gama Tripsacum dactyloides 1.6 4.3 2.06 Green Sprangletop Leptochloa dubia 1.8 4.9 2.35 Indiangrass* Sorghastrum nutans 3.7 10.4 5 Little Bluestem" Schizachyrium scoparium 10 27.4 13.24 Prairie Wiidrye* Elymus canadensis 0.5 1,2 0.59 Sand Lovegrass Eragrostis trichodes 5.5 15.2 7.35 Sideoats Grama* Bouteloua curtipendula 1.8 4.9 2.35 Switchgrass Panicum virgatum 3 1 1.47 Bush Sunflower Sinsia calva 5 4.9 2.35 Butterfly Weed Asclepias tuberosa 2 1.8 0.88 Clasping Coneflower* Rudbeckia amplexicaulis 1 1.2 0.59 Foxglove* Penstemon cobaea 3 3 1.47 Golden -Wave Coreopsis basalis 13.4 12 5.88 Illinois Bundleflower Desmanthus illinoensis 13.6 12 5.88 Partridge Pea Cassia fasciculata 2 1.8 0.88 Prairie Verbena Verbena bipinnatiftda 8 7.3 3.53 Texas Yellow Star Lindheimed texana 3 3 1.47 Winecup Callirhoe involucrata 204.E *It is recommeded that their maintain a 20-25"'no fertilize" zone around the proposed fields (where this mix of native grasses and flow can be applied). *204.6 Lbs. Of mix for approximately 18 acres - All grasses and flowers are deep rooting to soak -up fertilizers. WETLAND FRINGE - SUGGESTED MIX OF WILD FLOWERS Lbs. PLS/Acre Lbs./Mix % of Mix Common Name Botanical Name 2 0.8 3.45 Black-eyed Susan Rudbeckia hirta 3 1.2 5.17 Clasping Coneflower Rudbeckia amplexicaulis 18 7.2 31.03 Cutleaf Daisy Engelmannia pinnatifida 15 6 25.86 Illinois Bundleflower Desmanthus illinoensis 4 1.6 6.9 Maximilian Sunflower Helianthus maximiliani 2 0.8 3.45 Obedient Plant Physostegia intermedia 1 0.4 1.72 Pink Evening Primrose Oenothera speciosa 3 1.2 5.17 Pitcher Sage Salvia azurea 2 0.8 3.45 Plains Coreopsis Coreopsis tinctoria 8 3.2 13.79 Scarlet Sage Salvia coccinea 23.2 *Suggested Mix for areas surrounding wetlands on a per acre basis (23.2 Lbs. Of mix/acre) rc , SECTION 03300 — CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Picnic Table Slabs D. Playground Edging E. Concrete Walls, Footings,Abutments and Piers 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 — "Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch. Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content CAST -IN -PLACE CONCRETE 03300 -I- shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of 1 1/2 hours after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test, the settlement of the concrete shall not be less than 3 inches nor more than 5 inches, unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight days using a 5 sack mix. CAST -IN -PLACE CONCRETE 03300 -2- D. Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the Engineer, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the Engineer in writing to the Contractor. PART 3 - EXECUTION 3.01 REINFORCING .� Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a 1/2 inch radius. B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction .. joints will not be required to be sealed. Sawed joints may be allowed only if specifically approved by the Engineer. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within _. twelve to twenty-four hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on -the subgrade shall be removed before resuming concreting operations. CAST -IN -PLACE CONCRETE 03300 -3- 3.03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, -placed and spread in such a '* manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval of Construction Inspector. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and _ into the corners of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING All concrete shall be finished by experienced, qualified concrete finishers. All concrete as shall have a neat, rounded edge. Edging and jointing (radius described on Plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. 3.05 CURING Curing Compound: Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing J compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is 5'-0" or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes. CAST -IN -PLACE CONCRETE 03300 -4- 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over -vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a smooth form finish. 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350. 3.07 PROTECTION .. Amer concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST -IN -PLACE CONCRETE 03300 -5- a SECTION 07920 — CAULKING AND SEALANTS PART I - GENERAL 1.01 DEFINITIONS: A. The term "sealant" or "sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant" shall be required on the inside joint also. B. The term "caulk" or'caulking' (calking) shall refer to interior joints not normally exposed to weather or moisture conditions. 1.02 SUBMITTAL: A. Submit to City's representative manufacturer's literature, specification data, and. color chart for all materials proposed for this project. B. Identify their use and location. 1.03 GUARANTEE: The Developer/Contractor shall provide the City 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 Developer/Contractor shall provide the City a written warranty on all sealed joints. The Developer/Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the City. PART 2 - PRODUCTS 2.01 SEALANTS: As manufactured by Pecora or approved equal. A. Concrete -to -Concrete (Horizontal Joint): NR-201 with primer. B. Masonry -to -Masonry or Concrete -to -Concrete (Vertical): Dynatrol H 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely compatible with compound. 2.03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of sealing or caulking material, and completely compatible with compound. CAULKING AND SEALANTS 07920 -1- i. PART 3 - EXECUTION 3.01 GENERAL: A. Work shall be performed by experienced mechanics skilled in execution of type of work required and in application of specified materials. B. Deliver materials to job site in original containers with manufacturer's name and brand clearly marked thereon. C. When perimeter joints around frames that are to be caulked do not have built-in stops or other means to prevent depth of compound from exceeding one half inch (1/2"), pack joint with back-up materials of correct type and to the depth as necessary to provide minimum three eighth inch (3/8") and maximum one half inch (1/2") depth of compound. D. Materials and methods shall be as specified herein, unless they are contrary to approved manufacturer's directions or to approved trade practice; or unless 16.9 Developer/Contractor believes they will not produce a watertight job which he will guarantee as required. Where any part of these conditions occur, Developer/Contractor shall notify the City in writing. Deviation from procedure ", specified will be permitted only upon City's approval and providing that work is guaranteed by Developer/Contractor as specified. E. If, prior to beginning work, Developer/Contractor does not notify City in writing of any proposed changes, it will be assumed'that he agrees that materials and methods specified will produce results desired, and that he will furnish required guarantee. d, 3.02 PREPARATORY WORK: A. Where weather molds, staff beads, etc., do not form integral part of frames to be caulked, but are removable, remove same prior to caulking, execute caulking, replace molds, etc., and point. B. Clean all joints, etc., that are to be caulked or sealed, prior to executing work. 3.03 PRIMING: When conditions of joints so require, or when types of materials used ba adjacent to joints so require, or when compound manufacturer's recommendations so require, clean and prime joints before starting caulking. Execute priming operations in strict accordance with manufacturer's directions. 3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require twenty to fifty percent (20%- 50%) compression upon insertion, and shall be placed so that sealant depth is approximately one half inch (1/2") CAULKING AND SEALANTS 07920 -2- M joint width. In joints not of sufficient depth to allow backing, install bond breaking tape at back of joint m 3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no air pockets or voids. Tool the joint surface to compress the compound into the joint. 3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. 3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. END OF SECTION US Wo No so CAULKING AND SEALANTS 07920 -3- an ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID HF HENNE-1 DATE(MMIDDIYYYY) 1 06/26/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Upshaw Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1755 N. Collins Blvd, Ste 310 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Richardson TX 75080 Phone:214-349-6067 Fax:214-343-8184 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ■atlonal American Tnsucanca Co 23663 INSURER6: Texas Mutual Insurance Co 22945 INSURERC: Kid -continent casualty Company Henneberger Construction Inc. 8928 Fairglen Drive Dallas TX 75231R FINSURERD: America First Insurance E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA141ED 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. LTR NSRN TYPE OF INSURANCE POLICY NUMBER DATE (Mmoom) DATE (MMUDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY 14P06680042 12/10/08 12/10/09 PREMISES(Ea occurenoe) $ 100,000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPI P AGG $2 , 0 00 , 0 0 0 POLICY }� LOC A AUTOMOBILE LV191UTY ANY AUTO MP06680042 12/10/08 12/10/09 (EaecI dent)ED GIELIMIT (Ea accideri) $ 1,000,000 X BODILY INJURY (Per Person) ; ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accidert) S HIRED AUTOS NON-OVVNED AUTOS PROPERTY DAMAGE (Per eccidert) S GARAGE LIABILRY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ ANY AUTO S EXCESSUUMBRELLA LIABILITY EACH OCCURRENCE i 1,000,000 A X I OCCUR r_]CLAIMSMADE MB44600042 12/10/08 12/10/09 AGGREGATE $1,000,000 s i DEDUCTIBLE X RETENTION $ N/A i B WORKERS COMPENSATION AND EMPLOYERS'UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? SBP0001176898 02/20/09 02/20/10 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0 If Y95. deA,n under SPECIAL PROVISIONS below E.I_ DISEASE- POLICY LIMIT $ 1 , 0 00 , 0 0 0 OTHER C Equipment Floater 041M31260 12/10/08 12/10/09 D I Builders Risk IM8103634 12/10/08 12/10/09 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Park Development at Harriet Creek Ranch Park, Phase I GL,AU: Certificate holder is named as Additional Insured (only if required by written contract) (GL per attached GL2049 (6/04) w/primary & non-contributory language). GL,AU,WC: Provides a Waiver of Subrogation in favor of the certificate holder (only if required by written contract). CERTIFICATE HOLDER CANCELLATION CIT-FO7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Worth IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1000 Throckmorton St REPRESENTATIVES. Al RIZEDREPRESTTVF Q •pe�.�'Cfj/ Fort Worth TX 76102-6311 1 ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001M) POLICY NUMBER: MP06680042 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102-6311 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule. But regardless of the terms and provisions of any contract or agreement or any other provision of this policy, such person or organization is an additional insured only with respect to liability directly related to your sole negligence and directly related to your ongoing operations performed for that additional insured. A person or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. If this insurance applies and to the extent it applies, it is primary without regard to contribution from any other insurance. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. "Bodily injury" or "property damage" unless such "bodily injury" or "property damage" is caused by your sole negligence and then only t the extent the additional insured may be vicariously liable for your negligence. Includes Copyriglited Material of bisiumice Services Office, With Its Pennission GL2049 (Ed. 6/2004) 1.50 Properties, Iiic., 2000 Page t of 1 D. Each insurance policy shall. be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, 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 equivalent measure of financial strength and solvency. B+VTI 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 retortion groups. The City must approve in writing any .alternative coverage. • H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. L 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. I. 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. 12. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non resident bidder to obtain a comparable contract in the state in which the non resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPEQAL INSTRUMONS TO BIDDERS CONTRACTOR COMPLIANCE WrrH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No. 6135 and City of Fort Worth Project Number C281-802470083380 MM Hennebereer Construction, Inc. CONTRACTOR By: Title 0v5(eel Date STATE OF TEXAS COUNTY OF TARRANT § BEFORE LIE, the tmderstgned authority, on this day personally appeared'QQ laiown to me be the person whose name is subscribed to the foregoing instrument, and acknowledg o me that he executed the same as the act and deed of Hennebereer Construction. Inc. the ptupose and consideration therein expressed and in the capacity therein stated. GIVEN LNDER MY HAND AND SEAL OF OFFICE this�day Rebecca J Hemphill • Notary ry Ptt Notalic infor ✓�� )� STATE OF TEXAS 06�12Fl012 the State of Texas no Firm Name: Address: City: BIDDER'S STATEMENT OF QUALIFICATIONS Date Organized: t-L O V. 199 2. ❑ PARTNERSHIP ,� CORPORATION HENNEBERGER CONsrRUCT10N, INC. 8928 Fair,Ien Dr. er, V 3w Z2562 State: Zip: - _-- Telephone Number: Number of years in business under present name: Former name(s) of organization: Fax Number: Zt 4341 0— CLASSIFICATION: Q General ❑ Building ❑ Electrical ❑ Plumbing ❑ HVAC ❑ Utilities ❑ Earthwork ❑ Paving ❑ Other LIST A rMNWJM[ OF THREE SIMII AR COMPLETED PROJECTS WMEN LAST THREE YEARS PROJECT NAME AND LOCATION PA4e-K NAME /TELEPHONE NUMBER OF OWNER Z 14 - 6-7a 4Z?Z- NAME /TELEPHONE NUMBER OF SURETY C A t G AMOUNT OF CONTRACT COMPLETION DATE 4 1aea,54o•oz SCOPE OF WORK DESCREMON Pyek-AC- P4$FK- PLA.-fC=Z-0y'�-� PROJECT NAME AND LOCATION Lac O-GAV t A NAME /TELEPHONE NUMBER OF OWNER -JC++4 NAME /TELEPHONE NUMBER OF SURETY C-4 I C- - 9-7 Z - Cam`? 1 - 9 105 AMOUNT OF CONTRACT + Za O , 4S00 COMPLETION DATE t�,I ov - Zoo g BIDDER'S STATEMENT OF QUALIFICATIONS -1- SCOPE OF WORK DESCRIPTION eUe"G FAk-K- �PeAv��-tom NTS PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER K-.) ITS NAME /TELEPHONE NUMBER OF SURETY CA L C-- AMOUNT OF CONTRACT Z 6$, %p0 COMPLETION DATE io"e- 'Z� SCOPE OF WORK DESCRIPTION l'U gL-L G PAPS l f A Fe0VEt-t E)tT5 PROJECT NAME AND LOCATION L--F-a PA '?-K wA"-F-P-VA U- A f -ID DVE21-CCK NAME /TELEPHONE NUMBER OF OWNER MI-1 Z t4 521 - 2oo-3 NAME /TELEPHONE NUMBER OF SURETY CA l C- 9 - -Z- - 6-71 - 9 t DOS AMOUNT OF CONTRACT lk , `lDo • Do COMPLETION DATE oV -Lz)c)g SCOPE OF WORK DESCRIPTION 4-mP OV6ZI-C)OC PROJECT NAME AND LOCATION L1L,v-ir-- cA--A FF QAe-v-- pLA-Y6 2ov#-iD NAME /TELEPHONE NUMBER OF OWNER J DA" 2�-(tao tp5 Zt4 (: - O 5454 NAME /TELEPHONE NUMBER OF SURETY G f� t G AMOUNT OF CONTRACT 4 a�� , Z3$ COMPLETION DATE Fee? • 200 g SCOPE OF WORK DESCRIPTION CVSLLC- PA.(,' f qA'C 6 42-0 u"a 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: BIDDER'S STATEMENT OF QUALIFICATIONS -2- 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: y�P-!a to A. C +-tTU - 15 `feA2 :F-KPL-0'(eE �4S Go�►�t Pt-�TE',p M o Q� t—'�4�t- .�O P2-Q}EC-"i� S t Mt t...A�{Z 3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME TRADE Cot`i C 2E7T E PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. G * (5h 6x4,1,,T P—U GTt O" 469 - Z-jg - 34b4 B. H Er4 N eel, el-;" - Z t 4-?�41 'Z-SC6Z C. SUBCONTRACTOR NAME - µ 0 t4 t_- - �•tt PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. BIDDER'S STATEMENT OF QUALIFICATIONS -3- SUBCONTRACTOR NAME PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /'TELEPHONE NUMBER A. .. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. Note 1. Section 8.1 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth will be enforced. 2. The Prime Bidder selected for this project shall submit Letters Of Intent executed between the Prime Bidder and any and all subcontractors to be utilized on this project within five worldug days of being recognized as the overall qualified low Prime Bidder by the City. Subsequent substitution of sub -contractors must be approved by the City. 3. Prime Bidder shall include financial statement in this submittal. BIDDER'S STATEMENT OF QUALIFICATIONS -4- -BwD No. &WOV3 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) Henneberaer Construction, Inc. as Principal herein, and (2) a corporation organized under the laws of the State of (3 an who is authorized to issue surety bonds in the State of Texas, Surety helm' , 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 Ninety Five Thousand and no/100......................................................................... Dollars ($195,000.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 23rdof June, 2009 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of: Paris Development at Harriet Creek Ranch Park, Phase I NOW THEREFORE, the condition of this obligation is such, if the said Principal 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 malang 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 23rd day of June 009. r wo .. no ATTEST: WZ '(Principal) Secretary (SEAL) Witness as to Principal A ST: Secretary s S ) i ess as o S NOTE: no no Henneberger Construction, Inc. 1 �1� PRINCIP L PRI Title: + tev,,Ktberger �vo � t 8928 Fair eW'6 ' Dallas. TX 75231 NmIY r( I Al) iQ. U, 112hmsa �i %%l �1 '11Yt 111 i Surety "� Address: Telephone Number q (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 the bond shall not be prior to date of Contract. no no i rD M . ('-Wlux�:) M. THE STATE OF TEXAS § .�1� W9111a 1k\:1.L•IrIltl PAYMENT BOND KNOW ALL BY THESE PRESENTS: dmm yl ) Henneberger Construction, Incas Principal herein, and /42) �`'` 1 a corporation organized and existing under the laws of the State of (3"T i ound umo the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Ninety Five Thousand and ` no/100..............................Dollars ($195,000.00) 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 23rd day of June A.D. , 2009, 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: Park Development at Harriet Creek Ranch Park, Phase I NOW, THEREFORE, THE CONDITION OF TIIIS 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 frill 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 reps of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 23rd day of June, 2009. as ..t M. .. ow rincip ) Stlary Hennebereer onstruction Inc. PRINC BY: �,/IPAL A Q(_,ft Name: Gjwthia H-ewweberger Presi dewt Tide: (SEAL) 8928 Fairglen Dr. Dallas, TX 75231 Witness as to Principal � bywt(A-� s A, AST: By: Name. Sec Attjjorney in Fact ; - AL) Address: I-f I� LC� itness a4Sur Tdcpbone, Number: NOTE: M 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. "o bkm)N0 MW3 a MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: In C GU I lA ff That Henneber2er Construction, Inc.(Con or), as principal, and L� corporation organized under the laws of the State of I & (Surety), do hereby acknowledge themse es t 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 Ninety Frve Thousand and no/100...................................—Dollars ($195,000.00) 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 s»«xssors, jointly and severally. This obligation is conditioned, however, that, WHEREAS, said Contractor has entered into a written Contract with the City of Fort Worth, dated the 23nd day of June, 2009 copy of which is hereto attached and made a part hereof, the performance of the following described public improvements: Park Development at Harriet Creek Ranch Park, Phase I the same being referred to herein and in said contract as the Work and being designated as project C281- 802470083380and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and 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 Two (2) Years 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 Water Department of the City of Fort Worth, 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, thesepresents 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 the Contractor and Surety damages in the premises prescribed by said Contract. .. This obligation shall be continuing one and eve recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. _ W WITNESS WHEREOF, this instrument is executed in 6 counterparts, each one of which shall be deemed an original, this 23rd day of June AD. 2009. ATTEST: no (SEAL) S tary ATTEST: ' (SEAL) Sed—eitj mm m MP m i ow ow ow Henneberser Construction, Inc. COnu`actor By: Name: C {&tT H/A Ef.L Title: i p Fr3, IT S BY: Tide: Address i Commercial Alliance Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS THAT: 44-0029 Commercial Alliance Insurance Company having its home office in Houston, Texas, (hereinafter referred to as the "Company") does hereby make, constitute and appoint: BRENT M. BLONIGAN; KARA K. PIERCE their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety only as delineated above, and to execute, seal and acknowledge bonds, undertakings, contracts and other written instruments in the nature thereof, up to an amount of One Million Five Hundred Thousand Dollars ($1,500,000.00),on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereor, and as authorized by a Resolution of the Board of Directors of the Company on the 7t° of March, 2007, the Company has caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its assistant Secretary. Further, pursuant to Resolution of the Board of of the Company, the Company does hereby unambiguously affirm that they are and will be bound by any mechanically dIplied si atgces applied to this Power of Attorney. s, III, Vice President CAIC ,M Surety STATE OF TEXAS § COUNTY OF HARRIS § On this 141" _ _ day of 20 - , before me personally came Skf 1i r1 (W, ff— , to me known, who being be me duly sworn, did depose d say: that he resides in the County of Mo n{- o tate of Texas; that he is the Vice President of the Company, the corporation described in and which executed the above nstru nt; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Boards of Directors of said corporations and t thority. ��dRY P�B'4VICKY MONTEMAYOR�� Notary Public, State of Texas LL4 MY Commission Expires ........... October 9. 2008 N tary Inc I, the undersigned, Sterling Emens, III, Vice President of the Company, DO HEREBY CERTIFY that the above and fb is is a true and copy of a Power of Attorney executed by said Company, which is still in full force and effect as Signed and sealed at the City of Hop is t,:`. _ 4! . Important notice —Thu power of alloT46,js vo1?tonlXOrinted on green safety paper with red company logos. PN C7�P aE NOT VALID IN THE EVENT YOU WISH TO NOTIF" WOW A CJ_.Af) 'VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE COigi'Ad- ,AT 4.hs Lockhaven, Houston, Texas 77073 OR BY: Telephone: ( 713 ) 960-1214 Fax: ( 713 ) %0-1474 CAIC-POA 1 r ad W No r qW C C TM sulk dr Commercial Alliance Insurance Company TEXAS BOND RIDER PORTIONS OF THIS BOND RIDER MAY AFFECT COVERAGE UNDER THE ATTACHED BOND I IMPORTANT NOTICE To obtain information or make a complaint: You may contact your (title) at (telephone number). You may call (company)'s toll -free telephone number for information or to make a complaint at: 1-800-7994896 You may also write to (company) at: 415 Lockhaven, Houston, Texas 77073 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede llamar al numero de telefono gratis de (company)'s para informacion o para someter una queja al: 1-800-7994896 Usted tambien puede escribir a (company): 415 Lockhaven, Houston, Texas 77073 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim you una disputa concerniente a su prima o a un reclamo, debe should contact the (agent) (company) (agent or the company)comunicarse con el (agente) (la compania) (agente o la first. If the dispute is not resolved, you may contact the compania) primero. Si no se resuelve la disputa, puede Texas Department of Insurance. entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: Este aviso es solo notice is for information only and does not become a part or para proposito de informacion y no se convierte en parte o condition of the attached document. condicion del documento adjunto. Terrorism Risks Exclusion Notwithstanding anything to the contrary, the Bond to which this Rider is attached does not provide coverage for, and the Surety shall not be on liable for, losses caused by acts of terrorism, riot, civil insurrection, civil disobedience or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards r Notwithstanding anything to the contrary, the Bond to which this Rider is attached does not provide coverage for, and the Surety shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 40 CHIC - 3 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the 23rd day of June, 2009, by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Henneberg_er Construction, Inc., hereinafter referred to as "Contractor", by and through its duly authorized representative. 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: Park Development at Harriet Creek Ranch Park. Phase I 2. That the Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of award, special provisions, general provisions, work order(s), this Contract, and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3. 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 Contract Documents prepared through the Parks and Community Services Department of the City of Fort Worth, which the plans and �. specifications of the Contract Documents are hereto attached and made a part of this Contract the same as if written herein. 4. The Contractor hereby agrees and binds itself 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. 5. 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 100 Working Days from the time commencing said work. If the Contractor should fail to complete the work as set forth in the Plans, 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, a per day charge per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 6. 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 Plans, Specifications, and 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. 7. .. 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 iniury, damage or death is caused in whole or in Part, by the negligence or alleged negligence of Owner, its officers, servants, or enigloyees 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 iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, may refiise 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. Owner 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 Contractor 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 shall be One Hundred Ninety Five Thousand and no/100 .......................Dollars, ($195,000.00). a 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 Contractor without the written consent of the Owner. 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 Contract 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 governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. ii ow CITY OF FORT WORTH rles W. Daniels As—s—tsbnt City Manager RECONMIENDED: By: and Zavala, Director and Community Services APPROVED AS TO FORM AND LEGALITY: Amy I 4Zey Assistant City Attorney (Contractor Entity Name) Henneberger Construction, Ink. 8928 Fairelen Dr. _ Dallas TX 75231 TITLE �ieS 1 tt-Ct ATTEST: i"-NYA a JA�c Marty Hendrix City Secretary Date AUTHORIZATION M&C Approval Date: 013 OFFICIAL RECORD CITY SIECRY' ETAR FT. W0R 1T11d TX