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Contract 37653
CaY SECREMY D.O.E. FIL SPECIFICATIONS CONTRACTOR'S BONDING CO AND CITY SECRETARY CONSTRUCTION'S COPY 'CONTRACT DOCUMENTS cosy rhACT No. � FOR CtIFi`!T DFP4R7qv1rl,41 MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS T/PW Project Number: C200 541200 2082800088 83 CITY PROJECT NO. 00088 .. DOE NO. 4737 IN THE CITY OF FORT WORTH,TEXAS Mike Moncrief S. Frank Crumb, P.E. Mayor Director,Water Department Dale Fisseler,P.E. Robert D.Goode, P.E. — City Manager Director,Transportation and Public Works Department A. Douglas Rademaker,P.E. Director, Department of Engineering 2008 Prepared by: TCB INC. 1200 Summit Ave.,Suite 600 Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/5/2008 DATE: Tuesday, August 05, 2008 LOG NAME: 30MORNINGSIDE88 REFERENCE NO.: C-22967 SUBJECT: Authorize Execution of a Contract with Laughley Bridge and Construction, Inc., for Momingside Neighborhood Drainage Improvements, in the Amount of$1,169,948.00 (Project No. 00088) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Laughley Bridge and Construction, Inc., for construction of the Momingside Neighborhood Drainage Improvements, in the amount of$1,169,948.00. DISCUSSION: The 2004 Capital Improvement Program (CIP) included funds for the design and construction of the Momingside Neighborhood Drainage Improvement Project. On December 21, 2004, (M&C C-20450) the City Council authorized the City Manager to execute an engineering agreement with Turner Collie and Braden, Inc., for the design of the Momingside Neighborhood Drainage Improvements. This design resulted in the recommendation for the construction of storm drain facilities in the following locations: . Mississippi Avenue, from Baker Street to Cantey Street; . Cantey Street, from Mississippi Avenue to New York Avenue; and . New York Avenue, from Cantey Street to Judd Street. The work also includes the rehabilitation of the streets by base pulverization, cement stabilization and surface overlay with H.M.A.C. (hot mix asphaltic concrete). The project was advertised for bid on February 21 and 28, 2008, in the Fort Worth Star-Telegram. The following bids were received on March 20, 2008: BIDDERS AMOUNT TIME OF COMPLETION Laughley Bridge and Construction, Inc. $1,169,948.00 130 Working Days Conatser Construction TX, LP $1,295,814.00 SJ Louis Construction of Texas, LTD $1,340,004.63 Burnsco Construction, Inc. $1,347,582.80 North Texas Contracting $1,371,534.00 Jackson Construction, Ltd. $1,403,446.00 Tri-Tech Construction, Inc. $1,440,219.60 AUI Contracting, Inc. $1,872,501.50 The low bid for this project consists of$987,408.00 for storm drain construction and $182,540.00 for street pavement rehabilitation. Costs for the implementation of this project will be funded by the 2004 CIP. ttp://apps.cfwnet.org/council_packet/Reports/mc_print.asp 8/6/2008 Page 2 of Funding in the amount of $119,680.00 is included for associated storm drain and paving construction survey, project management, pre-construction, materials testing, inspection and project closeout. The contingency fund for possible change orders for storm drain construction and paving is $35,098.00. M/WBE — The low bidder, Laughley Bridge and Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 26 percent MIWBE participation. The City's goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 8, Mapsco 77T, U and Y. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 541200 208280008883 $1,169,948.00 Submitted for City Manager's Office by Fernando Costa (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: Richard Argomaniz (8653) Ltp:Happs.cfwnet.org/council_packet/Reports/mc_print.asp 8/6/2008 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO.1 T/PW Project Number.C200 541200 2082800088 83 CITY PROJECT NO.00088 DOE NO.4737 MORNINGSIDE NEIGHBORHOOD `In DRAINAGE IMPROVEMENTS RELEASE DATE:March 17,2008 BIDS RECEIVED:March 20,2008 INFORMATION TO BIDDERS: The Contract Documents for the above mentioned project are revised and amended as follows: 1. Unit L Drainage: Add: CPMS DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID RECORD GROUP NUMBER BID-00443 Pavement-2 Inch Min Paving Asphalt Feet 68 BMAC on =7 Drivewayb�— �' Concrete Base (STR— Repair 028)-install CPMS RECORD DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID NUMBER GROUP BID-00758 Water Service- Water Copper Feet 60 I Inch--Install 1 _ b �0 w CPMS RECORD DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID NUMBER GROUP BM-W62 Water Service I Water Assembly Each 2 Inch-Tap to Ci 00 p o + Main--Install 1t CPMS RECORD DESCRIP ION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID " NUMBER GROUP BID-00771 Water Service- Water Copper Feet 60 3/4Inch Install Page Y of 3 CPMS RECORD DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID NUMBER GROUP BID-00773 Water Service Water Assembly Each 2 3/4 Inch-Tap to — Main--Install Delete: Manhole-T-6"Stacked—Install and replace with: CPMS DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID RECORD GROUP NUMBER BID-00117 Manhole-aThan Drainage Concrete Each 3 (� � _ 4Ft InstallVoa a,00 (7'-6"Square Manhole -f- 4�-ki,,P�ll 10 T; q500 - 2. Unit M Paving:: Delete BID-00452(Pavement 7 inch—Install)and replace with: CPMS DESCRIPTION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID RECORD GROUP NUMBER SPECIAL Pavement l0inch Pavement Concrete S.Y. 1125 Install(STR-031) Repair' t� g l� 3. Delete: BID-00496(Subgrade-Lune for Stabilization—Install) and BID-00498(Subgrade-Lime Stabilized—30 lbs/sy—Install) 4. BID-00529(Walk—Remove):Delete:Quantity 825 S.F. and Replace:with 3.640 S.F. BID-00530(Walk—4 Ft Install):Delete:Quantity 825 S.F. and Replace:with 3.640 S.F. Plans: Sheet 16A of 17 Miscellaneous Details; Section A-A: Delete note:BEDDING AMV 12"and replace with note:BEDDING MIN. 6" Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal,Units I and 11:Water,Sewer,Paving and Drainage Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelop: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered"NON-RESPONSIVE",resulting in disqualification. Page 2 of 3 CPMS RECORD DFTION BID MAT UNrI QUANITTY UNIT PRICE YOUR BID NUMBER. GROUP BID4DOM Water Service Water Assembly Each 2 3/4 Inch-Tap to Main—Install Delete: Manhole-T-6"Stacked—Install and"lace with: CPMS DESCRIPTION BID MAT UNIT QUANTn Y UNIT PRICE YOUR BID RECORD GROUP NUMBER BID-00117 Manboltr>Thon DtainW Concmte Each 3 r� 4 ll Cr-or Manhole 2. Unit M Paviae: Delete BID 00452(Pavement-7 inch -Install)and replace with: CPMS DESCRIPTION ION BID MAT UNIT QUANTITY UNIT PRICE YOUR BID RECORD GROUP NUMBER SPECIAL Pavement-10inch Pam Concrete S.Y. I W _ Install(S M-031) Repair 3. Delete: BID-00496(Subgrade-Lime for Stabilization-Install) and BII1-00499(Snbgtade-Lime Stabilized-30 IWsy-install) 4. BD-00529(Walk---Remove):lT Quantity 825 S.F. and Replace:with 3,640 SF_ BID-00530(Walk-4 Ft Mall):Delete:Quantity 825 SF. and Rix:with 3.640 S.F. PlaRB: Sheet 16A of 17 Wncellaneaas Details:Sec ios A-A: Delete Rote:BEDDING MIN. 12"and replace with note:BEDDING MW.. 6" Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the Proposal,Units I and II:Water,Sewer,Paving and Drainage Inaprovernents (3) Indicate in upper case letters on the outside of the sealed bid envelop: "RECEIVED&ACKNOWLEDGED ADDENDUM NO 1" Failure to acknowledge the receipt of Addendum No_ I could cause the subject bider to be considered-NON-RESPONSIVE;',resulting in disgt lification. Page 2 of 3 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS TIPW Project Number: C200 541200 2082800088 83 CITY PROJECT NO. 00088 DOE NO. 4737 ' IN THE CITY OF FORT WORTH,TEXAS Mike Moncrief S. Frank Crumb, P.E. Mayor Director,Water Department Dale Fisseler, P.E. Robert D.Goode, P.E. City Manager Director,Transportation and Public Works Department A. Douglas Rademaker, P.E. Director, Department of Engineering i 2008 Prepared by: TCB INC. 1200 Summit Ave., Suite 600 ® �'t :i � Fort Worth, Texas 76102 i............. • RSCH�RD J.•�OFINE. 0 ................................. TABLE OF CONTENTS 1 -Project Information ❑ 1.1 -M&C pdf ❑ 1.2-Title Page MS Word ❑ 1.3-Location Maps pdf 2-Front End Documents 2.1 -Table of Contents MS Word ® 2.2-Notice to Bidders MS-Word ® 2.3-Comprehensive Notice MS Word to Bidders ® 2.4-Special Instructions to pdf Bidders(water-sewer) ® 2.5-Special Instruction to pdf Bidders(paving-drainage) ❑ 2.6-Detailed Project MS Word Specifications(no drawings provided) 3-MWBE Documentation ® 3.1 -MWBE Special pdf Instructions ® 3.2-MWBE pdf Subcontractors/Suppliers Utilization Form ® 3.3-MWBE Good Faith Effort pdf ® 3.4-MWBE Prime Contractor pdf Waiver ® 3.5-MWBE Joint Venture pdf 4-Bid Package ® 4.1 -Bid Proposal Cover& pdf Signature Sheets ® 4.2-Bid Proposal(s) MS-Excel ® 4.3-Bid Schedule pdf ® 4.4-Vendor Compliance to pdf State Law ® 4.5-List of Fittings pdf ® 4.6-Addenda Index and pdf Receipt ® 4.7-Pre-Qualified Sub- MS-Word Contractor List 5-General and Special Conditions ❑ 5.1 -Part C General pdf Conditions(water-sewer) ❑ 5.2-Supplementary pdf Conditions to Part C(water- sewer) ❑ 5.3-Part D-Special MS Word Conditions(water-sewer) ❑ 5.4-Part DA-Additional MS-Word Special Condition(water- sewer) ® 5.5-Special Provisions pdf (paving -drainage) ® Wage Rates pdf TABLE OF CONTENTS 6—Contracts, Bonds and Insurance ® 6.1 —Certificate of Insurance MS-Word ® 6.2—Contractor Compliance pdf With Workers' Compensation Law ® 6.3-Conflict of Interest pdf Questionnaire ® 6.4-Performance Bond pdf ® 6.5-Payment Bond pdf ® 6.6-Maintenance Bond pdf ® 6.7—City of Fort Worth pdf Contract 7—Permits ❑ 7.1 —TxDOT Permit(s) pdf ❑ 7.2—Railroad Permit(s) pdf ❑ 7.3—Other Permit(s) pdf 8—Easements ❑ 8.1 —Easement pdf 9—Reports ❑ 9.1 —Geo-tech Report(s) pdf ❑ 9.2—Cathodic Protection pdf Study Report ❑ 9.3—Other Project Specific pdf Study Report(s) 10—Addenda ❑ 10.1 Addendum MS-Word NOTICE TO BIDDERS Sealed Proposals for the following: MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS D.O.E. NO.4737 UNIT I— STORM DRAIN IMPROVEMENTS T/PW Project Number C200 541200 2082800088 83 UNIT Il— PAVING RECONSTRUCTION AND DRAINAGE IMPROVEMENTS T/PW Project Number C200 541200 2082800088 83 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth,Texas,will be received at the Purchasing Office until 1:30 P.M., Thursday, March 20, 2008, and then publicly opened and read aloud at 2:00 p.m., in the Council Chambers. Plans, Specifications and Contract Documents for this project may be purchased at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents may be purchased for a non-refundable cost of sixty dollars($60.00)per set. The major work on the referenced project consists of the following: 38 LF 12-Inch DIP Sanitary Sewer and Appurtenances 1,429 LF 72-Inch CL III Storm Drain 110 LF 7'x6' Box Culvert Storm Drain 700 LF 7'x4' Box Culvert Storm Drain 3,520 SY 2-Inch Type-D Pavement 1,125 SY 7-Inch Concrete Pavement Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of bid as non-responsive. For additional information concerning this project, please contact Mr. Richard Argomaniz, P.E., Project Manager, City of Fort Worth at telephone (817) 392-8653, and/or Mr. Rick Zohne, P.E., Project Manager,TCB, Inc.,at(817)698-6719. A pre-bid conference will be held on Wednesday, March 12, 2008 at 11:00 a.m., in the Department of Transportation and Public Works Conference Room, Room 270, 2nd Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. Department of Engineering A. Douglas Rademaker, Director Advertising Dates: February 21, 2008 February 28,.2008 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS D.O.E. NO.4737 UNIT I— STORM DRAIN IMPROVEMENTS T/PW Project Number C200 541200 2082800088 83 UNIT II— PAVING RECONSTRUCTION AND DRAINAGE IMPROVEMENTS T/PW Project Number C200 541200 2082800088 83 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m. on Thursday March 20, 2008 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, specifications, and contract documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A set of plans and documents may be purchased on a non-refundable basis for sixty dollars ($60.00) for each set. These documents contain additional information for prospective bidders. All bidders will be required to comply with provision 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278,as amended by City Ordinance No.7400 (Fort Worth City Code Sections 13-A-21 through 13- A-29),prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above project shall generally consist of the following (quantities are approximate): 38 LF 12-Inch DIP Sanitary Sewer and Appurtenances 1,429 LF 724nch CL III Storm Drain 110 LF 7'x6' Box Culvert Storm Drain 700 LF 7'x4' Box Culvert Storm Drain 3,520 SY 2-Inch Type D Pavement 1,125 SY 7-Inch Concrete Pavement T Included in the above will be all other items of construction as outlined in the plans and Specifications. Construction time is 130 Working Days AWARD OF CONTRACT: The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety(90)days from the date of receipt of Contractor's documents. The award of contract, if made,will be within ninety(90)days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders shall not separate, detach, or remove any portion, segment, or sheets from the contract document at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. COMPREHENSIVE NOTICE TO BIDDERS Bidders are responsible for obtaining all addenda to the contract documents and acknowledging - receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817)392-7910. In accord 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 Office of the City Secretary. In addition, the bidder shall submit the MBEMBE UTILIZATION FORM, SUBCONTRACTOR/ SUPPLIER UTILZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and/or the JOINT VENTURE FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., within five (5) City business days after bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered as an acceptable bid, the contractor is required to submit a bid for the complete proposal. A bid that is received with an incomplete proposal will be rejected as being non-responsive. The Contractor that - submits the bid with the lowest price will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Engineering Department reserves the right to evaluate and recommend to the City of Fort Worth Council the bid that is considered to be in the best interest of the City of Fort Worth. PRE-QUALIFICATION REQUIREMENTS FOR WATER DEPARTMENT WORK The water and sanitary sewer work must be performed by a contractor that is pre-qualified by the Water Department at the time of the bid opening. A general contractor, who is not pre-qualified by the Water Department, must employ the services of a sub-contractor who is pre-qualified. The procedure for pre-quailfication is outlined in the"Special Instructions to Bidders(Water—Sewer)". Bidders shall, if applicable, identify on the"Pre-Qualified Sub-Contractor List"form the pre-qualified - sub-contractor who shall install the water and sanitary sewer facilities. Failure to list a sub-contractor who is pre-qualified by the Water Department shall result in the rejection of the bid as non-responsive. The Managing Department for this project is the Department of Engineering. A pre-bid conference will be held on Wednesday, March 12,2008 at 11:00 a.m., in the Department of Transportation and Public Works Conference Room, Room 270, 2nd Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. •t .. Y. ' '�Y:.aI!MrE^:'i�:`a�Y.il1lllI + .i'. : • • ,' .-For ad�tiot��i lr�famatbr►c�ng the p�roj�ctj�leasa,cant�d Rk;�ard Argomanizr P E;,.Araj�ct '�:•, . Mamie -8853 ar proms#WOW. at ., _ . . . • : ,- =u,a o�ces o�;TGB,�tt�a,{��! +898 8Ti9 .. , << A d G'- R`AD ;D `FOR: QU �IMAKER, �REC son n erfn lain .. z A: , _ t : dig: .. .: I. SPECIAL INSTRUCTIONS TO BIDDERS 1. PREOUALIFICATION REQUIREMENTS: Contractors installing water and sanitary sewer facilities are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,and acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7)calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable fin'a given project,it must reflect the experience of the firm seeking qualification in work ofboth the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5016)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and _ admitted as a reinsures 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. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (1001%)percent of the contract price will be required,Reference C 3-3.7. 09/10/04 1 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, .. including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. .. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection 13, the Cit �, pxt 3+%sx ii's flit ltt hx Udatx�nder,,aragraph L o£5e txon:G1 Sugp)ementary T owtzons i Part; Ge e�ri 1 C<ondat�onS,.}fie a. to this in�pectr�n .,. (C) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. _ (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower .. than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. _ "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. .. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions 09/10/04 2 or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City .. harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBEfWBE UTILIZATION FORM,SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM C with Documentation')and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor wi11 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 of facts(other than a negligent _ misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. •• 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. 09/10/04 3 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list .. has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. .. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 09/1 0/04 4 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) l. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(51/6)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of _ Texas. in addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsures in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract,solely for the protection of all claimants supplying Iabor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent(100%)of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. *0404 1 mool mool 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. _ 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the primal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES:Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: .. (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates,determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. mool Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the _ work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. mool (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. _ (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. mool 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the ,,,, Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. F 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate`bonds,proof of insurance for Worker's Compensation and Comp;ehensive Gex►eral Liability 34c ly In u $366b6 ,eaeh'f) ' _ �1,000,0�0 each o�bnrence{�2,000401't aggtegate la�it),1'toperty.l7amage{,�250, each` ciritee) The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REOUIREMENTS: F mool (1 ?!04 2 �, F F a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth, TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a _ waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VU 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City,Contractor shall provide complete copies of all insurance policies .. required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 1A/ 7Q 3 i "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. _ "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the .. documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3) years. j =;AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration bftiin�ty(g0)days from the date ttie M/ B1I7L ►TIOI .FO�M PRIIVIE�t✓aT+1Q�CQRJAIVERI;ORM, 01)DATI j~FORT p9> i;ansUz the- t`'. �ENTLI�1?O1ZM("Docutr�eptatinr�„)as sppro�x3ate��received`by t#ie City-'I'bse aygard��eokitzaFt. ifmade,u%Jlt�iewtthtn mnet�(90}days�8erthis?documetiti}tion is received but xn n�%�asewill#h� awaFd be-rn'ade until all the,responsalxLty aftl���xcldei•,'.tdw�i'pm it is;propq�esl toaward the contx�t.t, liiasUee���et�;et° 13. PAYMENT:The Contractor will receive full payment:? tSetagi3 from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 1:(1Z2 {p4 4 14. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status _ of addenda maybe obtained by contacting the pla §dea !Et Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda maybe rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate').A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.096}includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. .r e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and 1t3% 71Q?} 5 (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons .. providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll _ amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; _ (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, _ within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. :0171i 6 �„ j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512440-3789 to receive information on the .. legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINNATION:In accordance with the policy("Policy')of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of iI41A 7 Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY:In accordance with the provisions of the Americans with Disabilities Act of 1990 MA71,Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability, terms and/or conditions of employment for applicants for employment with,or current employees of .. Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced Iaws concerning disability discrimination in the .. performance of this Contract. 19. PROGRESS PAYMENTS,FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: .. a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. .r 8 ,,, i ATTACHMENT IA FORT WORTH Page 1 of a City of Fort Worth 0 3-2 - c' P 0 3 : "15 IN Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME Cbeck I block to destn-be prkne { ld� fY-tO i✓ S-rR-"Ttok) t,3!r• PROJECT E NWW/DBE I I NOWWWWE BID DATE City's MANSE Project Goak Prane's MAMBE Project Utilization: PROJECT NUMBER 2 2 % 22. % G 2 bo Identify all subcontractorsisuppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5.00 p.m.five(5)City business days after bid opening,exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications 1MIVYBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson,Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1'd tier, a payment by a subcontractor to its supplier is considered Vo tier u ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation(TX DOT), highway division. Disadvantaged Business :+ Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime wig be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another MI BE firm, including M/WBE owner-operators, and receive fug M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MANBE as outlined in the lease agreement. 4W i FbirrWORTH 0 3-2%-0 8 P 0 3 : 1 b IN ATTACHMENT 1A Page 2 of 4 Prnmes are required to identify AU jars,regardless of status-i.e-. Minority.Women and non-NUWBEs- Please fist MM(BE firms first,use additional streets if necessary_ ceffurcathm N ( aw) o SUBCONTRACTORISUPPLIER T a Cornp uq iName i N T Detail Detail Address e Y W C X M Subconbact M Wo* Supplies Purdlased Dollar Amount Tax r B B T D W E E R O B C T E A Fir S11--+Sy-161 atCP) �o,Zov �40-4-L -?,o33C�� St,. cAnsr w-c e�,Wu.. W lVn-15 CAI Cm as Za s LAA GAcce , TY. Do'A+k,-[X 1003 04'--33L-•4at7:4 (P) Btu--33 L—Bog 6t RO,kN -*)� 100,0 1N• A*LAV-44# �w0 111-z4ti-31691 'DAxAA&JX pO �Or-%35-(j100 L� i FOR? ORT}i 0 3-2 1-0 8 P 0 3 : 16 1 ATTACHMENT 1A Page 3of4 Primes are required do identity ALL subc:ontractorsisuppGers,reWdless of status;i.e.,Minority,Women and non-MMBEs. Please fist MNVBE firms first,use additional sheets if necessary. Certification t (Ctka&am) c SUBCONTRACTOWSUPPLIER T r Company Name i N 7 Detail Detail Address a m W C X f Subcontracting Work Supplies Purchased Dollar Amount TielepftoneffaX r B B T D ' E E R O f C T f A T'�•�-�t,,,�s tea . lo,- (Jrowwn , fiWbdoov- r Z(p g�I-vwt-0-69l- i ut ATTACHMENT IA F4R Page 4 or 4 •03-27-08 P03 : '16 IN Total Dollar Amount of MIVVBE Subcontractors/Suppliers $ b a Total Dollar Amount of Ion-VJWBE Subcontractors/SuppliierS $ 2 o1S, 13 oa TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ v<o 1 1"3 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addiffron. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed w0anation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detad explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/supplieiWcontradors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment " from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Au orized S' ature Printed Signature Title contact Nam dTide(if different) 1 LAio�& '64L40 c 5 1La►stx•�c s la 11- 401--3 01p !T Telephone and/or Fax Address E-mail Addresb fw- tam .R 141Zi- VoD J-7-1-05 citiM Date PROPOSAL TO: MR. DALE FISSELER,P.E. Fort Worth,Texas City Manager Fort Worth,Texas FOR: MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS City Project Number: 00088 D.O.E. NO. 4737 UNIT I: STORM DRAIN IMPROVEMENTS T/PW Project Number: C200 541200 2082800088 83 UNIT II: PAVING RECONSTRUCTION T/PW Project Number: C200 541200 2082800088 83 Pursuant to the foregoing"Notice to Bidders,"the undersigned has examined the plans,specifications and the site,understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director,Department of - Engineering of the City of Fort Worth. If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project,the bidder is bound to execute a contract and furnish Performance,Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums,to wit: Total quantities given in the bid proposal may not reflect actual quantities,by represent the best accuracy based on a reasonable effort of investigation; however,they are given for the purpose of bidding on and awarding the contract. Special Note: All contractors are advised that one contract will be awarded to the lowest combined bid for all Units/Sections. City of Fort Worth Project 00088 -Morningside Neighborhood Drainage Improvements Project Manger. Richard Argomaniz,PE UnMection: UNIT 1: Drainage Date TBD City Project# 00088 Trade out Vlapdur Number -... .. our uujihvaiip .2. . ' .... Name ir 'd IY. x' i City of Fort Worth Bid CPMS RECORD DESCRIPTION SUB BID MATERIAL UNIT OF MEASURE QUANTITY YOUR UNIT PRICE YOUR BID NUMBER GROUP I l UNIT I-DRAINAGE BID-00059 Box Culvert-Precast-7X6'-Install Ma or Concrete Feet 110 7 BID-00059 Box Culvert-Precast-7X4'-install Major Concrete Feet 700 J� BID-00070 Headwall-Remove Major SorviceCS Lump Sum 1 00 r BID-00082 Pipe-24 Inch-CL III-Install Major Concrete Feet 62 t/ G�� L{ 140 BID-00083 Pi e-30 Inch-CL III-Install Major Concrete Feet 17 1 4 00 BID-00085 Pipe-36 Inch-Cl.Ill-Install Major Concrete Feet 40 b , z o o BID-00017 Plpe48 Inch-Cl.III-Install Major Concrete Feet 34 / 7C) Special Pipe-72 inch-CL I8-Install Special Special Feet 1429 BID-00094 RipRap-c Than 18 Inch Rock^Install Major Rock Cubic Yards 787 30 3 j BID-00100 Storm Water Pollution Prevention Plan> Than 1 Ac SWPPP-Install Major ServiceCS Lump Sum 1 ,� n�C �— v Q l7 0 BID-00101 Unclassified Trench Excavation&Backfdl Install Major ServiceCS Cubic Yards 10576 00 BID-00102 Inlet-Remove Minor ServioaCS Each 1 oa - BID-00106 Inlet inline-10 Ft-Install Minor Concrete Each 1 3 000 Q BID-00108 inlet Inlina-20 Ft-Install Minor Concrete Each 1 GC BID-00117 Manhole->Than 4 Ft-install Minor Concrete Each 1 BID-00137 Grass-Sod-Install Grass Vegetation Square Yards 860 C� BID-00147 To sod-install Soil Soil Cubic Yards 96 $16.00 $1,536.00 BID-00198 Collar-Manhole-install Collection Concrete Each 1 a �;y, � sa- 8ID-00211 Manhole-Paint&Coating-interior Protective Coating-Install Collection ServiceCS Vertical Feet 7 . 500 I q,- City of Fort Worth Bid CPMS RECORD DESCRIPTION SUB BID MATERIAL UNIT OF MEASURE QUANTITY YOUR UNIT PRICE YOUR BID NUMBER GROUP UNIT 1-DRAINAGE(CONT.) BID-00213 ManholeStd 4 Ft Diam to 6 Ft Depth)-Install Collection Concrete Each 1 2b�ac) BID-00217 Manhole-Vacuum Test-Services Collection ServiceCS Each 1 1 5b r BID-00218 Manhole-Watertight Insert-Install Collection Other Each 1 192, BID-00372 Trench Safety System-Install Collection ServiceCS Feet 2487 vr-k., T3_4 BID-00414 Utili Ad ustment-Repair Parkway ServiceCS Lump Sum 1 $2,500.00 $2,600.00 BID-00442 Pavement-2 Inch HMAC on 6 Inch Flex Base-Tempos -Install Paving Asphalt Square Yards 1632 3 3ao x BID-00501 Sign-Barricades&Traffic Routing-Install Sign Steel Lump Sum 1 _0 -:;"A. 3W ` BID-00504 Sign-Proved Designation-install Sign Steel Each 2 $300.00 $600.00 BID-00545 Fill Material-Type B Backfill-Install Distribution Soil Cubic Yards 20 $16.00 $300.00 BID-00568 Pipe FiltinW<Than 16 Inch DI Pipe-Install Distribution Iron Tons 1 H 5,o D SDC BID-00591 Pipe-Pressure-12 Inch(150 PSI)-Install Distribution PVC Feet 18 I 810-00618 Pipe-Pressure-8 Inch-Instal[ �Distribution PVC Feet 45 l7 Special -4 Svc lM( 1A 7 1�1 K 6pGG;iQi_ teach--. 3 f. ( -b" Sok 3s; Special Manhole-Junction Box J6-1-Install Special Special Each 1 J S� oo C, Special Pipe-Sewer-12"Cl 51 DIP(Variable Depth)-Install Collection DIP Feet 38 5 3 Z- Special Structural Excavation special Special Cubic Yards 62 3 O— �(p Special Headwall&Wingwalls.TxDOT CH-FW-0-Install Special Special Each 1 l C 10,000 TOTAL BID THIS UNIT $ yl City of Fort Worth Project 00088-Morningside Neighborhood Drainage Improvements Project Manger. Richard Atgomaniz,PE Unit/Section: UNrr 11: Paving Date TBD City Project# 00088 Trade bJr Ven LIVr .... . - - Hu mbar - V1+r vom pa ny . Name City of Fort Worth Bid CPMS RECORD DESCRIPTION SUB BID MATERIAL UNIT OF MEASURE QUANTITY YOUR UNIT PRICE YOUR BID NUMBER GROUP UNIT 11-PAVING r BID-00402 Driveway-Remove Parkway ServiceCS Square Feet 748 BID-00403 Driveway62 Inch-Placement For Temp.Driveway-Install Parkway Asphalt Square Feet 748 3 BID-00404 Driveway-6 Inch-Install Parkway Concrete Square Feet 748 (c-. ' �l S BID-00424 Curb&Gutter-Remove Paving ServiceCS Feet 800 0 4� coo BID-00426 Curb&Gutter-7 Inch w/18 Inch Gutter-Install Paving Concrete Feet 800 `� oZ 'Coo BID-00447 Pavement-2 Inch-Surface Course-Type D Mix-Install Paving Asphalt Square Yards 3520 tC BID-00454 Pavement-e Inch-Pulverization-Rehab Paving ServiceCS Square Yards 3520 18 BID-00469 Pavement-Silicone Joint Sealant-Install Paving ServiceCS Feet 2166 r� BID-00472 Pavement Unclassified Street Excavation-Remove Paving ServiceCS Cubic Yards 387 j BID-00485 Subgrade-8 Inch-Cement Stabilized 26 lbs/s Install Paving Cement Square Yards 3520 BID-00489 Subgrade-Cement Stabilized Install Paving Cement Tons 46 O S (&D C BID-00498 Sub rade-Lime Stabilized-30 lbs/s -Install Paving Lime Square Yards 1126 J b 5 BID-00529 Walk-Remove Sidewalk ServiceCS Square Feet � �G BID-00530 Walk-4 Ft-Install Sidewalk I Concrete I Square Feet `3 SZG— BID-00847 Valve Box-Adjustment-Services Distribution ServiceCS Each 4 $300.00 $1,200.00 BID-00849 Manhole-Adjustment-Services Collection ServiceCS Each 7 $400.00 $2,800.00 TOT L BID THIS UNIT $ k IP Sa ?dam► C, sJ �Uv, e- sb Gas Within ten(10)days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents,for the faithful performance of the Contract. The attached bid security in the amount of 5%is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project,the undersigned bidder certified that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects,and that they have read and thoroughly understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors,or employment agency in either fiunishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within ten(10)calendar days after issue of the work order and to complete the contract within 130 working days after beginning construction as set forth in the written work order to be furnished by the Owner. .. (Circle and complete A or B below, as applicable) A. The principal place of business of our company is in the State of a. Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of ,our principal place of business,are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Respectfully submitted, .� By. Cl Title: �II�S%ONN i .. Company: � tato4c CaASnp—I.'L. Address: • �- �OIC ��3 0 T BID SCHEDULE FOR MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS D.O.E.NO. 4737 BID SCHEDULE NOTE ITEM 1. VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. Ind' BIDDER: Company (Please print) , 3 Signature: W4 i Address r Title: City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION LIST OF Cl/DI FITTINGS FOR: MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS D.O.E. NO. 4737 ADD OR SUBTRACT FOR THE FOLLOWING INCLUDING INSTALLATION. TYPE SIZE 0TY WEIGHT TOTAL WT COST MJ Solid Sleeve 8" 1 0 0 `t 2m Bend 8"-450 4 300 Loya r),s !ontraator shall fill in blanks for"Weight","Total Wt"and"Cost"as a part of the bid. Contractor is responsible for Tbrrect quanity total of all fittings and specials. ADDENDA INDEX AND RECEIPT Addenda Date Receipt Number NJ'" DoI-S- �o 3 /k-Vlo'a c PRE-QUALIFIED SUB-CONTRACTOR LIST SUB-CONTRACTOR Indicate Units)/Section(s) Detail Subcontracting Company Name Working Work •+ Address Telephone/Fax SPECS PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Twe afCostms 1. SCOPE OF WORK...................................................................................................................................SP4 2. AWARD OF CONTRACT.......................................................................................................................SP4 3. PRECONSTRUCTION CONFERENCE................................:............................................... ..................SP-4 4. EXAMINATION OF SITE ......................................................................................................................SP-4 S. BID SUBMITTAL.....................................................................................................................................SP-5 6. WATER FOR CONSTRUCTION.............................................................................................................SP-5 7. SANITARY FACILITIES FOR WORKERS............................................................................................SP-5 8. PAYMENT................................................................................................................................................SP-5 9. SUBSIDIARY WORK..............................................................................................................................SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC......................................................................................................................................SP-5 11. WAGE RATES..........................................................................................................................................SP-5 12. EXISTING UTILITIES.............................................................................................................................SP-6 13. PARKWAY CONSTRUCTION................................................................................................................SP-6 I4. MATERIAL STORAGE..........................................................................................................................SP-6 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS..........................................................................................................................SP-7 16. INCREASE OR DECREASE IN QUANTITIES.....................................................................................SP 7 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS...........................................................SP-7 18. EQUAL EMPLOYMENT PROVISIONS.................................................................................................SP-7 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)COMPLIANCE........................................................................................»..............................SP-8 20. FINAL CLEAN UP...................................................................................................................................SP-9 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATIONLAW..........................................................................................................................SP-9 22. SUBSTITUTIONS...................................................................................................................................SP-11 + 23. MECHANICS AND MATER.IALSMEN'S LIEN...................................................................................SP-12 24. WORK ORDER DELAY ........................................................................................................................SP-12 25. WORKING DAYS ..................................................................................................................................SP-12 26. RIGHT TO ABANDON ..........................................................................................................................SP-12 F 27. CONSTRUCTION SPECIFICATIONS 28. MAINTENANCE STATEMENT ...........................................................................................................SP-12 29. DELAYS ..................................................................................................................................SP-12 30. DETOURS AND BARRICADES ...........................................................................................................SP-13 31. DISPOSAL OF SPOIL/FILL MATERIAL .............................................................................................SP-13 32. QUALITY CONTROL TESTING ..........................................................................................................SP-13 33. PROPERTY ACCESS .............................................................................................................................SP-14 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES...............................................SP-14 35. WATER DEPARTMENT PRE-QUALIFICATIONS .............................................................................SP-I4 36. RIGHT TO AUDIT .................................................................................................................................SP-14 37. CONSTRUCTION STAKES...................................................................................................................SP-15 38. LOCATION OF NEW WALKS AND DRIVEWAYS............................................................................SP-15 39. EARLY WARNING SYSTEM FOR CONSTRUCTION........................................................................SP-15 40. AIR POLLUTION WATCH DAYS.........................................................................................................SP-16 05/27/05 SPA SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Tak LpLcmi s CONSTRUCTION ITEMS: =I-DRAINAGE 41. PAY ITEMS(BID-00059.00082.00083.00085.QW87.SPECIAL)- STORM DRAIN PIPE AND BOX CULVERT:................................................................................................................................................SP-17 42. PAY ITEM(BID-00070)REMOVE EXISTING HEADWALL. `r 43. PAY ITEM(BID-00094,),- ROCK RIPRAP<18-INCHES:....................................................................SP-17 44. PAY ITEM BID 00100)-STORM WATER POLLUTION PREVENTION(FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): ......................................................................................SP-20 45. PAY EM - 0101 -TRENCH EXCAVATION AND B L F :........SP-21 46. PAY ITEM(BID-00102)REMOVE EXISTING INLET......................................................................SP-22 47. PAY ITEM(BID-00106,00108,00117.00196.00213.SPECIAL.)-STORM DRAIN INLETS, JUNCTION BOXES and MANHOLES: ..............................................................................................SP-22 48. PAY ITEM(BID-00218)-MANHOLE WATERTIGHT INSERT: ...................................................SP-22 49, PAY ITEM(BID-00211)-MANHOLE INTFR PROTECTIVE COATING: .............................SP-22 50. PAY ITEM(BAD-Q0137)-SODDING: ..................................................................................................SP-24 Y" 51. PAY ITEM(BID-00147)-TOP SOIL:...................................................................................................SP-25 52. PAY ITEM(BID-00372)- TRENCH SAFETY: ....................................................................................SP-25 53. PAY r M(BID-00414)-UTILITY ADJUSTMENT: ..........................................................................SP-26 54. PAY ITEM(BID-00501)-SIGN-BARRICADES AND TRAFFIC ROUTING......................................SP-26 55. PAY ITEM(BID-00504)-PROJECT DESIGNATION SIGN:...............................................................SP-27 56. PAY ITEM(BID-0591)PIPE PRESSURE 12 INCH(150 PSI)INSTALL:.........................................SP-27 57. PAY ITEM(BID-SPECIAL)-PIPE SEWER 12"CL 51 DIP INSTALL:.............................................SP-27 58. PAY ITEM(DM§ZECIAL)-HEADWALL: .......................................................................................SP-27 59. PAY ITEM(L3ID-00442)-2"HMAC ON 6"FLEX BASE....................................................................SP-27 UNIT H-PAVING 60. PAY ITEM-03ID-00402.00529)-REMOVE EXISTING CONCRETE SIDEWALKS AND ` DRIVEWAYS........................................................................... ..............................................................SP 28 61. PAY ITEM(BID-00403)-2"THICK TEMPORARY DRIVEWAY:....................................................SP-28 62. PAY ITEM(BID-00404)-6"THICK REINFORCED CONCRETE DRIVEWAY:.............................SP-28 r. 63. ITEM(BID-00424)-REMOVE EXISTING CURB AND GUTTER.....................................................SP-28 64, PAY ITEM(BID-00426)-STANDARD 7"CURB AND 18"GUTTER...............................................SP-28 65. PAY ITEM(BID-00447,)-2"TYPE D H.M.A.C.SURFACE COURSE:..............................................SP-29 66. PAY ITEM(BID-00454)- 8"PAVEMENT PULVERIZATION. ........................................................SP-29 67. PAY ITEM(BID-00452)- 7"REINFORCED CONCRETE PAVEMENT.............................................SP-33 68. PAY ITEM(BID-0Q472)-UNCLASSIFIED STREET EKQ VATION..................................................SP-33 69. PAY ITEM(BID-00485,00489)-8"THICK CEMENT STABILIZED SUBGRADE&CEMENT FOR SUBGRADE STABILIZATION:.............................................................................................................SP-33 70. PAY ITEM(BID-00496,00498)-8"THICK LIME STABILIZED SUBGRADE&LIME FOR SUBGRADE STABILIZATION:.............................................................................................................SP-33 71. PAY ITEM(BID-00530)=4' STANDARD CONCRETE SIDEWALK,AND WHEELCHAIR RAMP SP-33 72. PAY TTEM(BID-00847)- ADJUST WATER VALVE BOX:................................................................SP-34 73. PAY ITEM(BID-00849)- ADJUST MANHOLE:...................................................................................SP-34 74. PAY ITEM- ID 4 SILICONE JOINT SEALING FOR CONCRETE PAXEMENT: ............SP-34 05/27/05 SP-2 ` SPECIAL PROVISIONS FOR STET AND STORM.]DRAIN IMPROVEMENTS Table sf Conteaft 75. NON-PAY ITEM-CLEARING AND GRUBBING...............................................................................SP-38 76. NON-PAY ITEM-SPRINKLING FOR DUST CONTROL...................................................................SP-38 77. NON-PAY ITEM-PROTECTION OF TREES,PLANTS AND SOIIS................................................SP-38 78. NON-PAY ITEM-CONCRETE COLORED SURFACE ......................................................................SP-38 79. NON-PAY ITEM-PROJECT CLEAN-UP............................................................................................SP-38 80. NON-PAY ITEM-PROJECT SCHEDULE...........................................................................................SP-39 81. NON-PAY ITEM-NOTIFICATION OF RESIDENTS.........................................................................SP-39 82. NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION..............SP-39 83. NON-PAY ITEM-PRE-CONSTRUCTION NEIGHBORHOOD MEETING.......................................SP-39 84. NON-PAY ITEM-WASHED ROCK................................................................................................SP-40 . 85. NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE..................................................................SP-40 86. NON-PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES...................... ...............................................................SP-40 87. NON-PAY ITEM-TIE-IN INTO STORM DRAIN STRUCTURE.......................................................SP-40 88. NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT.....................................................................SP-41 89. NON-PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS..............................SP-41 05/27/05 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: MORNINGSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENTS D.O.E. NO.4737 T/PW Project Number: C200 541200 2082800088 83 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Installation of 24-inch,30-inch,36-inch,48-inch,and 72-inch storm drain pipes, Tx4' and 7'x6'storm drain box culverts,storm manholes, removal and replacement of curb and gutter,pulverization and overlay of HMAC pavement, utility adjustments and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Units I and 11 constitutes a package. If the Contractor submits a bid on Units I and 11 and has the lowest responsive proposal price,the Contractor will be the apparent successful bidder for this project. Bidders are hereby informed that the Director of the Engineering Department reserves the right to -- evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer,and City-City shall ++ meet at the call of the City for a preconstruction conference'before any of its work begins on this project. At this time, details of sequencing of the work,contact individuals for each party, request for survey,and pay requests will be covered. Prior to the meeting,the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein,the term°Engineer"shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. r 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that 4 may affect construction of this project. Particular attention should be given to methods of providing Ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 06/27/05 SP-4 5. BID SUBMITTAL: Bidders shall not separate,detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids as appropriate and as determined by the Director of the Engineering Department. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. .� 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans,the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal,shall be considered as a subsidiary item or work,the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102"Clearing and Grubbing"and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the"Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Duty 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. 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 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. 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 31 st 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 05/27/05 SP-5 prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation. 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 11 th 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. 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(1)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. 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. 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. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through(g)above. (Wage rates are attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. it shall be the Contractor's responsibility to verify location _. of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Engineering Department. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. _ 05/27/05 SP-6 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities,which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design,from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify, hold harmless and defend,at its own expense,the City, its officers, servants and employees,from and against any and all claims or suits for property loss, property damage, personal injury, including death,arising out of,or alleged to arise out of,the work and services to be performed hereunder by Contractor,its officers,agents, employees,subcontractors, licensees or invitees, whether or not any such Injury,damage or death Is caused,In whole or In part,by the negligence or alleged negligence of City,its officers, servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage Is caused in whole or In part by the negligence or alleged negligence of City, Its officers,servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may,if deemed appropriate,refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400(Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site,and at his request,will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 05/27/05 SP-7 19. MINORITY AND WOMEN BUSINESS ENTERPRISE(M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine(5)city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and _ payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts(other than a negligent misrepresentation)and/or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state,or local laws or ordinances relating to false statement. Further, any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's MMSE Ordinance,or to demonstrate"good faith effort, shall - result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE u subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the — goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s)must be certified by either the North Central Texas Regional Certification Agency(NCTRCA)or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine(9)county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid,and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces,the Contractor shall notify the City before subcontracts or purchase orders are let,and shall be required to comply with modifications to goals as determined by the City, and, 05/27/05 SP-8 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Workers Compensation insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his MIWBE Participation plan. d. Default by the MIWBE subcontractor or supplier in the performance of the subcontractor. Within ten(10)days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks,pieces of asphalt or concrete and other construction materials,and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage("Certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83, OR TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This Includes,without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor, transportation,or other services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 05/27/05 SP-9 d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project,and provide to the , governmental entity. (1) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor,a new certificate of _ coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the Contractor knew or should have known,or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll -- amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts,and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 05/27/05 SP-10 (d) notify the governmental entity in writing by certified mall or personal delivery,within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be tiled with appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative,criminal,civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal", or"or approved equal"is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes Is procured by the Contractor. Where the term"or equal", or"approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended ` 4 purpose. However,the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact,equal, and the Engineer,as the representative of the City,shall be the sole judge 05/27/05 SPA 1 of the acceptability of substitutions. The provisions of the sub-section as related to"substitutions"shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 24. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways,easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2"d Floor, Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay Item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both,for a period of two(2)years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Engineering Department and if by him found correct shall be approved and referred by him to the _ Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time, his - application for which shall,however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 4 05/27/05 SP-12 _ 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,`Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices,Vol. No. 1." 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. in the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required)for the site to be tested and any work effort Involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 05/27/05 SP-13 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. - 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH ~ VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage- type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). - 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such - work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this - contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final w payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working _ hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection(c) hereof. City shall give subcontractor reasonable advance notice of intended audits. 05/27/05 SP-14 (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City,through its Surveyor or agent,will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework.These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction(water, sanitary sewer,drainage,etc.),one set of excavation/or stabilization stakes,and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain,transfer,etc.,all stakes furnished until completion of the construction phase of the project for which they were furnished. If,in the opinion of the Engineer,a sufficient number of stakes or markings provided by the City have been lost,destroyed,or disturbed,that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place,then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory 1 performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bimonthly basis the �� percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20%or more (example: 10%of the work completed in 30% of the stated contract time as may be amended by 4 change order),the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Managers Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the Contractors response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, •• then forward updated notices to the interested individuals. F, 05/27/05 SP-15 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the oomplebon of the contract, the bonding company will be notified appropriately. 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines - relating to working on City construction sites on days designated as"AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service,will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of " 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m.-6:00 p.m., on a designated Air Pollution Watch Day,that day will be considered as a weather day and added onto the allowable weather days of a given month. ` 05/27/05 SPA 6 CONSTRUCTION UNIT I: DRAINAGE 41. PAY iTEMS(BID-00059, 00082.00083.00085.00087,SPECIAL)- STORM DRAIN PIPE AND BOX CULVERT: Measurement and payment for 24", 30", 36", 48", and 72" Storm drain pipes, and 7'x4', and Tx6' box culverts shall be at the unit cost bid per linear foot measured along the longitudinal center line of each size pipe or culvert specified. Measurement shall begin at the initial beginning point as shown on the plan-profile sheet, continue through the specified pipe fittings, extend only to the inside faces of manhole walls (excluding the inside manhole diameter) and terminate at the extreme end of construction as provided on the plan-profile sheets. Lateral lines shall be measured along the longitudinal center line thereof from the center of the connected main conduit or culvert to the termination of the lateral as shown on the plan-profile sheets. Payment shall be full compensation for furnishing & installing reinforced concrete Storm Drain Pipes and Box Culverts complete in place, bedding, jointing, joint filler material, concrete collars, bends, wyes, testing, reinforced concrete reducers, furnishing all materials, labor and equipment required to complete the work, protecting or replacing existing structures or utilities, surveying and replacing of monuments, dust control, removal of mud from roadways, in accordance with plans and specifications and in accordance with City of Fort Worth Standard Specification Items 406,440,and 441. 42. PAY ITEM(BID-00070)-REMOVE EXISTING HEADWALL: This item shall include all labor, materials,and equipment necessary to remove and dispose of the existing headwall as shown on the Plans and as directed by the Engineer. Payment will be lump sum and shall include all necessary labor, materials,and appurtenances required for completion of work as per plans and in accordance with City of Fort Worth Standard Specification Item 452 43. PAY ITEM (BID-00094) Rock Riprap<18-inch: A. GENERAL: General Conditions,Supplemental Conditions, applicable requirements of Division 1 -General Requirements and the North Central Texas Council of Governments(NCTCOG)Standard Specifications,are hereby made a part of this section. This item shall govern for the installation of rock riprap of the various sizes shown on the plans. B. DESIGN CRITERIA: The toe of the riprap revetment shall be entrenched in stable channel bottoms. if the channel bottom is not stable,the design shall incorporate other requirements needed to stabilize the revetment toe. The channel side slope shall be as shown on the drawings. Engineering filter fabric material shall be placed underneath the riprap. Riprap shall extend up the bank to an elevation where vegetation will provide adequate protection. = See cross sections. C. PRODUCT: " RIPRAP MATERIAL:Stone for riprap shall be durable and of a suitable quality to insure permanence in the structure. It shall be free from cracks, seams and other defects that would tend 05/27/05 SP-17 to increase deterioration. Rock shall be reasonably well graded between the following prescribed limits: Sieve Size (Square Mesh) Percent Passing 24" 24 inch 100 Riprap 18 inch 80-90 12 inch 45-55 6 inch 0-20 - Sieve Size (Square Mesh) Percent Passing 18" 18 inch 100 Riprap 12 inch 60-85 6Inch 15-45 3 inch 0-15 ` RIPRAP WEIGHT: Weight of rock shall be one hundred fifty five pounds per solid cubic foot(min.) calculated from the bulk specific gravity(saturated surface dry). .. FILTER FABRIC BLANKET: Approved Manufacturer: Supac-Heavy Grade 8NP (UV) - Trevira 011/280 Amoco 4553 or Equal Heavy Grade RIPRAP GROUTING ! FINE AGGREGATE: Fine aggregate for grouting mix shall consist of natural sand, manufactured sand,or a combination of natural and manufactured sands. The grading and uniformity of the fine aggregate shall conform to the following requirements as delivered to the mixers: Sieve Designation, U.S. Permissible Limits Standard Square Mesh Percent by Weight, Passing 318 in.(9.5 mm)100 No.4(4.75 mm) 95- 100 No.8(2.36 mm) 80-95 No.16 (1.18 mm) 55-75 No. 30(600 um) 30-60 No. 50 (300 um) 12-30 No. 100(150 um) 2- 10 D. EXECUTION: - CONSTRUCTION: The channel side slope and the toe excavation shall be prepared to the required lines and grades. Filter fabric and riprap shall be placed in succession to the required thicknesses and elevations. Riprap shall be hand placed around structures to prevent damage to the structures. INSTALLATION OF THE FILTER FABRIC(GEOTEXTILE): The geotextile shall be placed in the manner and at the locations shown on the drawings. At the time of installation,the geotextile shall be rejected if it has defects, rips,holes,flaws,deterioration or damage incurred during ` manufacture,transportation or storage. The surface to receive the geotextile shall be prepared to 05/27/05 SPA 8 a relatively smooth condition free of obstructions,depressions,debris,and soft or low density pockets of material. Erosion features such as rills,gullies, etc.must be graded out of the surface before geotextile placement. The geotextile shall be placed with the long dimension perpendicular to the centerline of the channel and laid smooth and free of tension,stress,folds,wrinkles,or creases. The strips shall be placed to provide a minimum width of 24-inches of overlap for each joint. Temporary pinning of the textile to help hold it in place until the rock riprap is placed. The temporary pins shall be removed as the riprap is placed to relieve high tensile stress which may occur during placement of material on the geotextile. The specified placement procedure requires that the length of the geotextile be greater than the actual slope length. The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any geotextile damaged during its installation or during placement of riprap shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within seven (7)calendar days after placement of the geotextile. Failure to comply shall require replacement of geotextile. The geotextile shall be protected from damage prior to and during the placement of rock riprap. Before placement of gabion units,the Contractor shall demonstrate that the placement technique will prevent damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile. RIPRAP PLACEMENT: Stone for riprap shall be placed on the filter fabric blanket in such a manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids and shall be constructed within the specified tolerance to the lines and grades shown on the drawings. Then intent of these specifications is to require placement of riprap to the thickness shown and to allow isolated stones to extend as much as six inches above grade. Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the fabric. The larger stones shall be well distributed and the entire mass of stones in their final position shall conform to the gradation specified hereinbefore. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, by controlled dumping of successive loads during final placing,or by other methods of placement which will produce the specified results. Rearranging of individual stones, by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone specified above. The Contractor shall maintain the riprap protection until accepted. Any material displaced by any cause shall be replaced at his erosion to the lines and grades shown on the Drawings. GROUT PLACEMENT: Grout shall be composed of cement,water and air-entraining admixture and sand mixed In the proportions of 1 part of Portland cement to 3 parts of sand,sufficient water to produce a workable mixture,and that amount of admixture which will entrain sufficient air to produce durable grout,as determined by the ENGINEER. Sand for grouting shall conform to the requirements of paragraph: FINE AGGREGATE. The grout shall be mixed in a concrete mixer in the manner specified for concrete except that the time of mixing shall be increased to that necessary to produce a mixture having a consistency such as to permit gravity flow into the interstices of the riprap with the help of limited spading and brooming. The grout shall be used in the work within a period of one(1)hour after mixing. Retempering of ground will not be permitted. Riprap shall not be grouted when the ambient temperature is below 35 degree F. or above 95 degrees F. unless approved by the ENGINEER in writing; nor when the grout,without special protection,is likely to be subjected to freezing temperatures before final set has occurred. Prior to grouting,all surfaces of riprap shall be wetted. The riprap shall be grouted in successive longitudinal strips,approximately 10 feet in width,commencing at the lowest strip and working up the slope. Grout shall be brought to the place of final deposit by approved means,and in no case will grout be permitted to flow on the riprapped surface a distance in excess of 10 feet. Immediately after dumping the batch of grout, it shall be distributed over the surface of the strip by the use of brooms and the grout worked into place between stones with suitable spades,trowels, ,y 05/27/05 SP-19 or vibrating equipment. As a final operation,the grout shall be removed from the top surfaces of the upper stones and from pockets and depressions in the surface of the stone protection. After completion of any strip as specified, no workman or any load shall be permitted on the grouted surface for a period of at least 24 hours. The grouted surface shall be protected from rain,flowing water, and mechanical injury. The surface of all grouted riprap shall be cured by keeping the - surface continuously wet for a period of not less than 7 days. E. MEASUREMENT AND PAYMENT FILTER FABRIC: Filter fabric will be subsidiary to Stone Riprap pay item which includes all plant, labor,material,and all installation costs in-place,complete. STONE RIPRAP:Stone(rock)riprap will be measured by the cubic yard using actual plan dimensions. Payment for riprap will be made at the contract unit price per cubic yard which includes all plant, labor, material,and installation costs in-place,complete and in accordance with City of Fort Worth Standard Specification Item 418. ` GROUT:Grout for rock riprap will be subsidiary to Stone Rlprap pay item which includes all plant, labor, material,and all installation costs in-place,complete. _ 44. PAY ITEM (BID 00100) - STORM WATER POLLUTION PREVENTION FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity)or five or more acres of total land (Large Construction Activity). The Contractor is defined as an"operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrce.state.tx.us/permitting/water perm/wwperm/construct.html. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be t obtained through the Internet at www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NO]): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent(NOI)form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain w storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. The NOI shall be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 P.O. Box 13087 Austin,TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 05/27/05 SP-20 5000 MLK Freeway Fort Worth,TX 76119 NOTICE OF TERMINATION (NOTE: For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT)form prepared by the engineer. it serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality Storm Water&General Permits Team; MC-228 P.O. Box 13087 Austin,TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN SWPPP): A document consisting of an - erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality. SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not required. However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above. A SWPPP, prepared as described above, shall be implemented at least 48 hours before the commencement of construction activities. The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion, sedimentation and water pollution and will be included in the contract documents. The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include, but not be limited to, silt fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention blankets, or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP. 45. PAY ITEM(BID-00101)—TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area. Payment will be made for the quantity of earth excavated/backfilied in Cubic Yards. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to:rocks,concrete,asphalt, debris,etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices and in accordance with City of Fort Worth Standard Specification Item 402. 05/27/05 SP-21 46. PAY ITEM (BID-00102)-REMOVE EXISTING INLET: ` This item shall include all labor,materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. Payment will be per each Inlet removed as per plans and in accordance with City of Fort Worth Standard Specification Item 452. 47. PAY ITEM(BID-00106.00108,00117 00196,00213, SPECIAL)-STORM DRAIN INLETS, JUNCTION BOXES and MANHOLES: An alternative method of construction for these items will be"Pre-Cast" manholes,junction boxes and inlets. if the Contractor desires to use this method,he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets"and said construction shall be in compliance with all other requirements of Item 444 where applicable. Measurement and payment for storm drain inlets,junction boxes and manholes shall be at the unit cost bid per each and shall be full compensation for furnishing and installing storm inlets and manholes,castings, reinforcing steel,concrete,aluminum,frames, covers, and all appurtenances, labor, materials,and equipment required to complete the work as specified in plans and specifications. 48. PAY ITEM (BID-00218)-MANHOLE WATERTIGHT INSERT: This item shall include all labor,materials,and equipment necessary to furnish and install water tight manhole inserts as shown on the Plans and as directed by the Engineer. Payment will be per each and shall include all necessary labor, materials,and appurtenances required for completion of work as per plans and in accordance with City of Fort Worth Standard Specification Item 444. 49. PAY ITEM(BID-00211)-MANHOLE INTERIOR PROTECTIVE COATING: A. GENERAL: Scope: This section governs all work, materials and testing required for the application of interior protective coating. Structures designated to receive interior coating are listed on the construction drawings. The structures are to be coated, Including Interior wall,top and bench surfaces. Protective coating for corrosion protection shall meet the requirements of this Specification and the Manufacturers recommendations and specifications. Description: The Contractor shall be responsible for the furnishing of all labor,supervision,materials, equipment, and testing required for the completion of protective coating of structures in accordance with manufacturer's recommendations. Manufacturer's Recommendations: Materials and procedures utilized for the lining process shall be in strict accordance with manufacturer's recommendations. Corrosion Protection: Corrosion protection may be required on all structures where high turbulence or - high 1-12S content is expected. B. MATERIALS: Scope: This section governs the materials required for completion of protective coating of designated structures. 05/27/05 SP-22 Protective Coating: The protective coating shall be a proprietary two component, 100 percent solids, rigid polyurethane system designated as Spray Wall as manufactured by Sprayroq, Inc. or a two-part epoxy resin system using 100%solids based epoxy binder with fibrous and flake fillers, is manufactured by Raven Lining systems and designated as Raven 405. Specialty Cement(If required for leveling or filling): The specialty cement-based coating material shall be either Quadex QM-1 s as manufactured by Quadex, Inc.or Reliner MSP as manufactured by Standard Cement Materials. Material Identification: The protective coating material sprayed onto the surface of the structure shall be a urethane or epoxy resin system formulated for the application to a sanitary sewer environment. The spray system shall exhibit the minimum physical properties as follows: Property Standard Long Term Value Tensile Strength ASTM D4W 5,000 psi Flexural Stress ASTM D-790 10,000 psi Flexural Modulus ASTM D-790 650,000 psi Mixing and Handling: Mixing and Handling of specialty cement material and protective coating material,which may be toxic under certain conditions shall be in accordance with the recommendations of the manufacturer and in such a manner as to minimize hazard to personnel. It Is the responsibility of the Contractor to provide appropriate protective measures to ensure that materials are under control at all times and are not available to unauthorized personnel or animals. All equipment shall be subject to the approval of the Engineer. Only personnel thoroughly familiar with the handling of the coating material shall perform the spray coating operations and coating installations. C. EXECUTION: General: Protective coating shall not be installed until the structure is complete and in place. Preliminary Repairs: All foreign materials shall be removed from the interior of the structure using high pressure water spray(3500 psi to 4000 psi at spray tip). All unsealed lifting holes, unsealed step holes,and voids larger than approximately one-half(1/2) inch in thickness shall be filled with patching compound as recommended by the material supplier for this application. After all repairs have been completed, remove all loose material. - 3. Protective Coating: The protective coating shall be applied to the structure from the bottom of the frame to the bench, down to the top of the trough. The top of the structure shall also be coated. The protective coating shall be installed in accordance with the manufacturer's recommendations and the following procedure. The surface shall be thoroughly cleaned of all foreign materials and matter. Place covers over the invert to prevent extraneous material from entering the sewers. .. 05/27/05 SP-23 If required for filling or leveling,apply specialty cement product to provide a smooth surface for the coasting material. Spray the urethane or epoxy onto the structure wall and bench/trough to a minimum uniform thickness of 125 mils(0.125 inches). Thickness to be verifiable through the use of methods acceptable to the Engineer. After the walls are coated,the wooden bench covers shall be removed. The final application shall have a minimum of three(3)hours cure time or be set hard to the touch, - before being subjected to active flow. No applications shall be made to frozen surfaces or if freezing is expected to occur inside the structure within 24 hours after application. Testing of Rehabilitated Manholes: Testing of rehabilitated manholes for watertightness shall be performed by the Contractor after operations are complete in accordance with specifications. MEASUREMENT AND PAYMENT: Payment shall be based on the Contract Unit Price Bid per vertical foot, measured from the bottom of the frame to the top of the bench. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor,supervision, materials, equipment and material testing required to complete the work. Pressure grouting, if necessary to stop active 4 infiltration prior to application of the protective coating,shall be included in the above unit price. Grouting of the pipe seals, bench and trough,and lower portion of a particular structure,if required by the Engineer,shall be paid for separately,as specified in specifications. - 50. PAY ITEM (BID-00137)-SODDING: DESCRIPTION: Sodding will consist of furnishing and planting Bermuda, Buffalo or St_Augustine grass in the areas between the curbs and walks, on terraces, in median strips,on embankments or cut slopes,or in such areas as designated on the Drawings and in accordance with the requirements of this Specification. Recommended Buffalo grass varieties for Sodding are Prairie and 609. MATERIALS: Sod shall consist of live and growing Bermuda, Buffalo or St.Augustine grass secured from sources where the soil is fertile. Sod to be placed during the dormant state of these grasses shall be alive and acceptable. Bermuda and Buffalo grass sod shall have a healthy,virile root system of dense,thickly matted roots throughout a two(2)inch minimum thickness of native soil attached to the roots. St.Augustine grass sod shall have a healthy,virile root system of dense,thickly matted roots throughout a one(1)inch minimum thickness of native soil attached to the roots. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Sod to be placed between curb and walk and on terraces shall be the same type grass as adjacent grass or existing lawn. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling,and planting. Sod material shall be kept moist from the time it is dug until planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. Sod material shall be planted within three days after it is excavated. CONSTRUCTION METHODS:After the designated areas have been completed to the lines, grades, and cross-sections shown on the Drawings and as provided for in other items of the contract,Sodding of the type specified shall be performed in accordance with the requirements hereinafter described. Sodding shall be either"spot"or"block"; either Bermuda, Buffalo or St.Augustine grass. T a. Spot Sodding 05/27/05 SP-24 Furrows parallel to the curb line or sidewalk lines,twelve(12)inches on centers or to the dimensions shown on the Drawings,shall be opened on areas to be sodded. In all furrows,sod approximately three(3)inches square shall be placed on twelve(12)inch centers at proper depth so that the top of the sod shall not be more than one-half(1/2)inch below the finished grade. Holes of equivalent depth and spacing may be used instead of furrows. The soil shall be firm around each block and then the entire sodded area shall be carefully rolled with a heavy,hand roller developing fifteen (15)to twenty-five(25)pounds per square inch compression. Hand tamping may be required on terraces. b. Block Sodding. At locations on the Drawings or where directed,sod blocks shall be carefully placed on the prepared areas. The sod shall be so placed that the entire designated area shall be covered,and any voids left in the block Sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a thoroughly compact solid mass. Surfaces of block sod,which, in the opinion of the Engineer,may slide due to the height or slope of the surface or nature of the soil,shall,. upon direction of the Engineer,be pegged with wooden pegs driven through the sod block to the firm earth,sufficiently close to hold the block sod firmly in place. When necessary,the sodded areas shall be smoothed after planting has been completed and shaped to conform to the cross-section previously provided and existing at the time Sodding operations were begun. Any excess dirt from planting operations shall be spread uniformly over ' the adjacent areas or disposed of as directed by the Engineer so that the completed surface will present a slightly appearance. w The sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered at such times and In a manner and quantity directed by the Engineer until completion and final acceptance of the project by the City of Fort Worth. Measurement and Payment for this item shall be per Square Yards of Sodding installed per plans and specifications and in accordance with City of Fort Worth Standard Specification Item 118. 51. PAY ITEM (BID-00147)-TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 inches in depth (compacted)over the parkway area and do not include deeper than design depth behind the curb. The pay Item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of cubic yards of loose truck volume(full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed and in accordance with City of Fort Worth Standard Specification Item 116. 52. PAY ITEM(BID-00372)- TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop,design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor,shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition,comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal,which shall be total a. 05/27/05 SP-25 compensation for furnishing design, materials,tools,labor,equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe and in accordance with City of Fort Worth u Standard Specification Item 525. 53. PAY ITEM (BID-00414)- UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; �. however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. it shall be the"Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence,where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 54. PAY ITEM(BID-00501)-SIGN-BARRICADES AND TRAFFIC ROUTING: The Contractor will be -R required to obtain a"Street Use Permit"prior to starting work. As part of the"Street Use Permit"a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statutes,pertinent sections being Section Nos.27,29,30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett,City Traffic Engineer at (817)392-8712,at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established Y in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required ■ construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738)to remove the sign. In the case of regulatory signs,the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. if the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled,the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during"peak traffic periods"as determination - by the City Traffic Engineer and in accordance with the applicable provision of the"City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." Measurement and payment for this item shall be per lump sum and shall be in accordance with City of Fort Worth Standard specification Item 524. 05/27/05 SP-26 _ ..r 55. PAY ITEM(BID-00504)-PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and Incidentals necessary to complete the work. 56. PAY ITEM (BID-0591)—PIPE PRESSURE 12 INCH(150 PSI)INSTALL: POLYVINYL Chloride Plastic Water Pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenant required, including materials and labor,shall be included in the linear foot price bid of the appropriate BID ITEM. 57. PAY ITEM(BID-SPECIAL)—PIPE SEWER 12"CL 51 DIP INSTALL: Ductile Iron Class 51 sewer pipe and fittings on this Project shall be in accordance with the material standard contained in the General Contract Documents. Payment for work such as backftll,bedding, blocking,detectable tapes and all other associated appurtenant required, including materials and labor, shall be included in the linear foot price bid of the appropriate BID ITEM. 58. PAY ITEM(BID-SPECIAL)—HEADWALL: This item shall include all labor, materials,and equipment necessary to furnish and install the headwall as shown on the Plans and as directed by the Engineer. Payment will be per each and shall include all necessary labor,materials,and appurtenances required for completion of work as per plans and in accordance with City of Fort Worth Standard Specification Item 410. 59. PAY ITEM(BID-00442)—2"HMAC on 6"Flex Base: This item will consist of the furnishing and placing 2" HMAC surface over 6"temporary flex base In areas where indicated on the plans,as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312 and 208. The price bid per square yard of 2" HMAC on 6" Flex Base as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 05/27/05 SP-27 UNIT II: PAVING 60. PAY ITEM (BID-00402.00529)—REMOVE EXISTING CONCRETE SIDEWALKS AND DRIVEWAYS: This item includes removal of existing concrete sidewalks and driveways at location shown on the plans or as designed by the Engineer. See Item No. 104"Removing Old Concrete",for Specifications governing this item. Measurement and Payment for this item will be per square foot of driveway and sidewalk removed. 61. PAY ITEM (BID-00 403)—2"THICK TEMPORARY DRIVEWAY: The price bid per square foot for"2"THICK TEMPORARY DRIVEWAY"as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. Measurement and Payment for this item shall be per square foot of driveway installed. 62. PAY ITEM (BID-00404)--6"THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways"for specifications governing this item as well as details S-S5 and S-SSA. The price bid per square foot for"6"THICK REINFORCED CONCRETE DRIVEWAY"as shown in the Proposal will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work.Measurement and Payment for this item shall be per square foot of driveway installed. 63. PAY ITEM (BID-00424)=REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed,and for all labor, tools,and incidentals necessary to complete the job and in accordance with City of Fort Worth Standard Specification Item 104. 64. PAY ITEM (BID-00426)—STANDARD 7"CURB AND 18"GUTTER: All provisions of Standard Specification No. 502'Concrete Curb and Gutter shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following: — a. A minimum of 5"or greater as required depth of stabilized Subgrade properly compacted under the proposed curb and gutter as shown in the construction details. T b. If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter,the amount paid for the curb and gutter shall be reduced by 25%until the backfsll operation is complete. - Standard Specifications Item No. 502 shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000)pounds per square inch in twenty-eight(28) days. The quantity of mixing water shall not exceed seven (7)gallons per sack(94 lbs.)of Portland cement. The slump of the concrete shall not exceed three(3)inches. A minimum cement content of five(5)sacks of cement per cubic yard of concrete is required. 05/27/05 SP-28 Measurement and payment shall be per linear foot of curb and gutter installed per plans and specifications. 65. PAY ITEM(BID-00447)-2"Type D H.M.A.C.Surface Course: The surface course shall be a 3" deep Type "D" course placed in one lift. All provisions of Standard Specification No. 312.7'Construction Tolerance' shall apply except as modified herein: 1) After completion of asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. The thickness of individual cores will be determined by averaging at least three(3) measurements. If the core measurements indicate a deficiency,the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than %of the roadway width. 2) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 3) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for Type"D"asphalt that will be used for project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2)years old. Upon submittal of the design mix a Marshal (Proctor)will be calculated, if one has not been previously calculated, for the use during density testing. For type"D"asphalt no Rap may be used. Upon approval of an asphalt mix design and the calculation of the Marshal (proctor)the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory,through the inspector,at least 24 hours In advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type"D"asphalt will be 91%of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established,densities should be taken at locations not more than 300 feet apart The above requirement applies to Type"D"asphalt. Measurement and payment for this Item shall be per square yards of HMAC surface course installed per plans and specifications. 66. PAY ITEM(BID-00454)- 8"PAVEMENT PULVERIZATION: All applicable provisions of TxDOTs"Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges"Item No. 275"Cement Treatment(Road Mixed)"(referenced)shall govern work. (Soil reports in back of this document.) The City of Fort Worth,Texas will perform quality assurance tests and checks on the paving project materials during construction,to ensure compliance with the specifications. The sampling and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications,all subsequent testing of the material, in 05/27/05 SP-29 order to determine if the material Is acceptable,shall be furnished and paid by the contractor,as directed _ by the Engineer. Contractor shall pulverize the existing pavement to a depth of 8 inch. After pulverization is completed, contractor shall temporarily remove and store the 8 inch deep pulverized material,then cut the base 2 y inch to provide place for the new 2 inch H.M.A.C.surface.The 2 inch base cut shall start at a depth of 8 inch from the existing pulverized surface. After the undercut operation is completed,the temporarily stored 8 inch deep pulverized material shall be returned to the excavation. If the existing pavement has a combination of 10 inches of H.MAC and crushed stonelgravel,undercut will not be required.The contractor will pulverize the 10 inches,and the 2 inch cut will be taken,from the 10 inch pulverized material. In case of high crown,the contractor shall pulverize the exiting crown and pavement. The Construction Engineer will determine the appropriate undercut depth to meet the City standard. The maximum amount of existing asphalt concrete pavement in the mixture shall be at the discretion of the Engineer. After the above processes are performed,the contractor shall shape the pulverized material to the appropriate line and grade. Samples of the pulverized material will be collected and tested for gradation requirements on two occasions,first on the day the material is initially pulverized and second on the day the material will be mixed with the cement. Testing will be at a minimum of one test per 150 linear feet per lane width per each 8-inches of treated depth,with a minimum of 2 tests per area. Portland cement shall be applied to the pulverized material at a rate of 26 pounds per square yards,8 inch in depth.The Engineer or his authorized representative will observe the cement treatment and collect delivery tickets from each transport truck. Cement quantities used will be verified,with respect to areas being treated. Cement shall be applied only to such an area that all the operations can be continuous and completed,in daylight,within six(6)hours of such application. The contractor shall blade to grade and compact the pulverized cement treated material to 95%of the maximum density as determined in accordance with TxDOTs Standard Specifications stated above or as directed by the Engineer in the field. After the cement treated base has cured for 48 hours,provide machinery(minimum 12 ton steel wheel vibratory roller)to roll the surface of the cement treated material to induce hairline cracks"micro-cracks". Amplitude of vibrating will be at the discretion of the Engineer or his authorized representative. Micro- cracking will be used to reduce shrinkage cracking in the cement treated material and reduce reflective - cracking through the asphalt cement surface overlay. Roller shall be in accordance with TxDOT's"Standard Specifications for Construction and Maintenance of - Highways, Streets,and Bridges"Item No.210"Rolling"(referenced).Operate roller at walking speed(2 to 05/27/05 SP-30 _ 3 mph). Generally one(1)to four(4)passes of the roller are required to create the micro-cracks. One pass is down and back. The contractor shall then prime and immediately overlay the micro-cracked surface with 2 inch H.M.A.C. surface course.The work shall be in accordance with TXDOrs"Standard Specifications for Construction and Maintenance of Highways,Streets,and Bridges"Item Nos.300"Asphalts, Oils,and Emulsions" (referenced),310"Prime Coat"(referenced),and 340"Dense-Graded Hot-Mix Asphalt(Method)" (referenced). The 2 inch H.M.A.C.surface will be paid under PAY-ITEM NO.28-Pavment-2 Inch- Surface Course-Type D Mix-Install. If the contractor fails to begin the 2 inch H.MAC,surface course work within five(5)calendar days,a $200 dollars liquidated damage will be assessed per block per day. On pulverized and overlay streets that do not have existing curb and gutter,the Contractor shall finish the parkway with backfill. The backfill shall begin at the edge and elevation of the new 2 inch H.M.A.C. surface course and extend within the parkway,to existing ground surface,at the grade of one-fourth(1/4) inch per foot. There should be no voids in the backfill material,to the satisfaction of the Engineer. The unit price bid per square yard of pavement pulverization, and per ton of cement modification shall be full compensation for all labor,material,equipment,tools,and incidentals necessary to pulverize,remove and store the pulverized material,undercut the base,mixing,compaction,haul off,sweep,dispose of the undercut material and backfill the parkway. Pavment 2 Inch-Surface Coursenpe D Mix-Install: All applicable provisions of TxDOT's"Standard Specifications for Construction and Maintenance of Highways,Streets,and Bridges"Item Nos.300"Asphalts,Oils,and Emulsions"(referenced), 310"Prime Coat"(referenced),and 340"Dense--Graded Hot-Mix Asphalt(Method)"(referenced)shall govern work. The following amendments to the above TxDOT's specifications shall govern,take precedence and shall include: Item No. 340"Dense--Graded Hot-Mix Asphalt(Method)"(referenced): • Under Item 340.2. Materials,A. Asagregates: The surface aggregate classification (SAC)shall be Class B. The Contractor shall perform the Los Angeles abrasion, magnesium sulfate soundness, Micro-Deval and all other aggregate quality tests listed in Table 1. 2. RAP will not be allowed,for use, in surface course Type"D"mix. • Under Item 340.2, Materials, D. Asphalt Binder: Furnish performance-graded PG 64-22 for H.M.A.C.surface course,level up and pavement/base repair or replacement. • Under Item 340.4, Construction, 05/27/05 SP-31 The City of Fort Worth,Texas will perform quality assurance tests and checks on the paving project materials during construction,to ensure compliance with the specifications and approved mixture design. The sampling and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications,all subsequent testing of the material,in order to determine if the material is acceptable,shall be furnished and paid by the contractor,as directed by the Engineer. Samples will be taken daily for determination of asphalt content,aggregate gradation, maximum theoretical specific gravity and stability. For each hot mix asphalt surface course placed, nuclear gauge in-place density testing will be performed at each 50-ft station,with a minimum of one test per lane width at each 50-ft station. For each hot mix asphalt surface course placed,cores will be obtained to determine in- place density and thickness. The cores will be taken at the maximum interval of 300-ft(to coincide with field density locations). • Under Item 340.4. Construction,A. Mixture Design: The contractor shall furnish mixture design of the proposed hot mix asphalt,at or before the pre-construction meeting. The Contractor shall submit to the Engineer a mixture design prepared by a AASHTO accredited laboratory,for the materials to be used in the project. Using the typical weight design example in Tex-204-F, Part I,the mixture design shall _ meet the requirements contained in Tables 1 through Table 5 of Item 340. The Indirect Tensile-Dry(Tex-226-F)and the Hamburg Wheel-tracking(Tex-242-F)tests shall be waived. The mixture design report must be certified and signed by a Level 11 Specialist and submitted on TxDOT's software forms. The Engineer may verify the mixture design at optimum asphalt content. • Under Item 340.4. Construction,B. Job-Mix Formula Approval: The Contractor will perform the Boil Test(Tex-530-C). • Under Item 340.4.Construction,J. Ride Quality: The Ride Quality Surface Type A test(10-foot straight edge)shall be measured. • Under Item 340.5 Measurement: Hot mix will be measured by the square yard of the composite hot mix,which includes asphalt,aggregate and additives. ■ Under Item 340.6 Pavment: 05/27/05 SP-32 The work performed and materials fumished in accordance with this Item and measured as provided under"Measurement",will be paid for at the unit price bid per square yard,for "Dense-Graded Hot Mix Asphalt(Method)". 67. PAY ITEM (BID-00452)- 7" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placements in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage,the following policy will apply: (1) When the crack Is minor and due to shrinkage(cosmetic), then no further treatment will be needed. (2) if the crack is due to distress(structural),the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. ' (3) Any crack within 12 Inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. Measurement and Payment for this item shall be per square yard of concrete pavement installed per plans and specifications and in accordance with City of Fort Worth Standard Specification Item 314. 68. PAY ITEM(BID-00472)-UNCLASSIFIED STREET EXCAVATION This item will be used if additional excavation is needed that is not covered by"8" PAVEMENT PULVERIZATION".Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade and City standard specifications for street reconstruction.All applicable provisions of Item No. 106"Unclassified Street Excavation"shall apply;work shall be paid per cubic yard. 69. PAY ITEM (BID-00485.00489)-8"THICK CEMENT STABILIZED SUBGRADE&CEMENT FOR SUBGRADE STABILIZATION: See Standard Specifications Item No.214, "Portland cement Treatment(Material Manipulation)"for specifications governing this item. The price bid per square yard for"8"THICK CEMENT STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor,equipment,tools and incidentals necessary to complete the work. The price bid per ton for"CEMENT FOR SUBGRADE STABILIZATION"applied at the rate of 26 lbs/sy as shown in the Proposal will be full payment for materials necessary to complete the work. .. 70. PAY ITEM(BID-00496, 00498)-8"THICK LIME STABILIZED SUBGRADE&LIME FOR SUBGRADE STABILIZATION: See Standard Specifications Item No. 210, "Lime Treatment(Material Manipulation)"and Specification Item No. 212,"Hydrated Lime and Lime Slurry"for specifications governing this item. The price bid per square yard for"8"THICK LIME STABILIZED SUBGRADE"as shown in the Proposal will be full payment for all labor, equipment,tools and incidentals necessary to complete the work. The price bid per ton for"LIME FOR SUBGRADE STABILIZATION"applied at the rate of 30lbs/sy as shown in the Proposal will be full payment for materials necessary to complete the work. 71. PAY ITEM (BID-00530)—4' STANDARD CONCRETE SIDEWALK,AND WHEELCHAIR RAMP: 05/27/05 SP-33 All applicable provisions of standard Specifications Item 504"Concrete Sidewalk and Driveways"shall ` apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, 4 or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and Marking Division, -- TPW (Phone 817-392-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type,and shall be used in accordance with manufacturer's instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches - dimension,or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer,shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter,sieve or other means in order to provide for a uniform color distribution." Measurement and Payment for this item shall be per Square Foot of sidewalk installed per plans and specifications. 72. PAY ITEM(BID-00847)- ADJUST WATER VALVE BOX: R Contractor will be responsible for adjusting water valve boxes to match new pavement grade.The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid per each will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. 73. PAY ITEM(BID-00849)- ADJUST MANHOLE: Contractor will be responsible for adjusting manholes to match new pavement grade.The unit price bid per each will be full payment for materials including all labor,equipment, tools and incidentals necessary to complete the work and in accordance with City of Fort Worth Standard Specification Item 450. 74. PAY ITEM-SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION For SILICONE JOINT SEALING (Revision 1, October 18, 1989) .. (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS 05/27/05 SP-34 COUNCIL OF GOVERNMENTS. 2. MATERIALS �. 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self-leveling silicone joint sealant as manufactured by Dow Coming Corporation, Midland, MI 48686-0994,or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED Non Volatile Content, %min. 96 to 99 MIL-S-8802 Extrusion Rate,grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 ***" Cure Time,days 14 to 21 **** Full Adhesion,days 14 to 21 AS CURED-AFTER .� 21 DAYS AT 25C (77F)AND 50% RH ASTM D 412,Die C Mod. Elongation, %min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mal.) ASTM C 719 Movement, 10 cycles @+100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt,%Elongation min. 600 w- (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction Detail'sheet for the various joint details with their respective dimensions. 05/27/05 SP-35 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on 4 the"Construction Detail"sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the"dummy"joints, the initial 1/4 inch width"green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting -- pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned,and the joint sealant installed. During the application of the joint sealant,the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 4.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump:The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors:The delivered compressed air shall have a pressure in excess n of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. ` 4.5 Extrusion Pump:The output shall be capable of supplying a sufficient volume of sealant to the joint. _ 4.6 Injection Tool:This mechanical device shall apply the sealant uniformly into the joint. 4.7 Sandblaster:The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument:These devices shall be clean and free + of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General:The joint reservoir saw cutting, cleaning, bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints:The joints shall be saw-cut to the width and depth as shown on the"Construction Detail"sheet. The faces of the joints shall be uniform in width 05/27/05 SP-36 and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method,flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate,one directional passes. Upon the termination of the sandblasting,the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stalns and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open,cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape:The bond breaker rod and tae shall be installed In the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for " sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed 05/27/05 SP-37 joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT This item will be considered subsidiary to Pay Item for 7"concrete pavement in conformity with the plans and these specifications. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM-PROTECTION OF TREES, PLANTS AND SOIL: + All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871- 5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the - current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus,all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint Is recommended. 78. NON-PAY ITEM- CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, _ upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM- PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work 05/27/05 SP-38 progresses or as needed. If, in the opinion of the Engineer It is necessary,clean up shall be done on a daily basis. Clean up work shall Include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM- PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up,and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM- NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw- cutting joints in concrete pavement,the Contractor shall notify residents, in writing,at least 48 hours in advance of saw-cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 82. NON-PAY ITEM- PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction.The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number.A sample of the'pre-construction notification'flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition,a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 83. NON-PAY ITEM —PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, Inspector,and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every 05/27/05 SP-39 effort will be made to schedule the neighborhood meeting within the two weeks following the pre- construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM- WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Los Angeles Abrasion Test:50%Maximum wear per A.S.T.M.Designation C-131. 4 85. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The — Contractor may break out curb and gutter to the nearest joint If he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM— LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: Y The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer(if he Is available)in the observation and marking activity. In any event a street shall be completely marked a minimum to two(2)working days before recycling begins on any street. Marking the curbs with paint Is a recommended procedure.It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day)the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone (817)338-6275 "Hot Line" Texas Utilities (817)336-9411 ext.2121 Mr. Roy Kruger Lone Star (817)336-8381 ext.372 Mr.Jim Bennett Of course, under the terms of this contract,the Contractor shall complete adjustment of the storm drain and Water Department facilities,one traffic lane at a time within five(5)working days after _ completing the laying of proposed H.M.A.C,overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials,equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsldiary to this contract. 87. NON PAY ITEM—TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. 05/27/05 SP-40 Y _ 88. NON PAY ITEM—SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 89. NON PAY ITEM-FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits Is in effect. In addition,a separate fee for re-inspections for parkway construction,such as driveways,sidewalks,etc.,will be required. The fees are as follows: The street permit fee is$50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. IL 05/27/05 SP-41 (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street: days I AM THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDEN > AT<TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. LL 05/27/05 SP-42 Classifications Hrly Rts Classifications Hrly Rts Air Tool Operator $10.06 Scraper Operator $11.42 Asphalt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 Asphalt Paving Machine Operator $12.78 Tractor operator,Crawler Type $12,60 Batching Plant Weigher $14.15 Tractor operator,Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 Bulldozer operator $13.22 Truck Driver-Single Axle(Light) $10,91 Carpenter(Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 Concrete Finisher-Paving $12,85 Truck Driver-Tandem Axle Semi-Trailer $11.75 Concrete Finisher-Structures $13.27 Truck Driver-Lowboy/Float $14.93 Concrete Paving Curbing Mach.Oper. $12.00 Truck Driver-Transit Mix $12.08 Concrete Paving Finishing Mach.Oper. $13.63 Wagon Drill,Boring Machine,Post Hole Driller $14.00 Concrete Paving Joint Sealer Oper. $12.50 Welder $13.57 Concrete Paving Saw Oper. $13,56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader Oper. $14.50 Concrete Rubber $10.61 Crane,Ciamsheli,Backhoe,Derrick,Dragiine,Shovel $14.12 Electrician $18.12 Flagger $8.43 Form Builder-Structures $11.63 Form Setter-Paving&Curbs $11.83 Foundation Drill Operator,Crawler Mounted $13.67 Foundation Drill Operator,Truck Mounted $16.30 Front End Loader $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 Oiler $14.50 Painter,Structures $13.17 Pavement Marking Machine Oper. $10.04 Pipe Layer $11.04 Roller,Steel Wheel Plant-Mix Pavements $11.28 Roller,Steel Wheel Other Flatwheel or Tamping $10.92 Roller,Pneumatic,Self-Propelled Scraper $11.07 Reinforcing Steel Setter(Paving) $14.86 Reinforcing Steel Setter(Structure) $16.29 I DATE(MM/DD/YYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE n./18/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bradley Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1415 Summit Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 332 817- -8288 _ _ _ _ ' INSURERS AFFORDING COVERAGE I NAIC# INSURED Laughley Bridge & Construction, Inc. I INSUREHA: Companion Pro,erty & Casualty Laughley, Charles I INsuRER B: Progressive P.O. Box 123800 INSURERC: Unitrin Fort Worth TX 76121 - - - _ - - -- INSURER C. Texas Mutual Ins. Co. 817/ 401-3306 I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR poo•�— -T POLICYEFFECTIVET POLICY EXPIRATIONF _1 LT RDI TYPE OF INSURANCE POLICY NUMBER ; DATE(MM/DD/YY) DATE(MM/DDlYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000 ,000 DAMAGE TO RENTED - iX ;.COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurenc� S. __ 100 ,000 j I 1 1 1 CLAIMS MADE `X I OCCUR[ rMED EXP(Any one person)- $ - _5,000 A' X DJGLO84337 2/05/2008 2/05/2009 PERSONALBADVINJURY S 1 OOO 000 !I GENERAL AGGREGATE , $ 2,000,000 GEN-L AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG $ 2,000,000 1 X � POLICY PROJECT AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,000 ANY AUTO I I - - _ ALL OWNED AUTOS B INJURY $ I X SCHEDULED AUTOS 1 (F'er er per3 perccn) 11 B I X j HIREDAUTOS 06317534-0 2/29/2008 2/29/2005 BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE 1 c !i (Pere G,Ue'q GARAGE LIABILITY i AUTO ONLY-EA ACCIDENT $ - OTHER THAW ANY AUTO 1i 1i EAACC $ �--. W , AUTOONLY AGG; $ I EXCESS/UMBRFI LA LIABILITY i EACH OCCURRENCE $ ' -- OCCUR j CLAIMS MADE AGGREGATE DEDUCTIBLE DEDUCTfBLE X 1, RETENTION $ 1 11 S WORKERS COMPENSATION AND X V,C STATU- OTH-'. EMPLOYERS'LIABILITY _�TORY LIMITS - _L ER SBP0001166538 3/06/2008 3/06/2009 E.L.EACHAccIDENT S 500,000 ANY PROPR)ETOR/PARTNER/EXECUTIVE D OFFICEPJMEMBER EXCLUDED? LEE DISEASE_ EA EMPLOYE $ 500000 If ves,describe under L- _ __..( ^ECiAL F iV S Le!c r t nISrASL- OI Y t IMIT c S O 0,n 0 n OTHER I C l Auto Liability FCNCLV1354368 3/01/2008 3/01/2009 : Combined Single Limits I I 500,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS City of Fort Worth is listed as additional insured on general liability policy i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth (3) DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MaO DAYS WRITTEN 1000 Throckmorton Fort Worth, Texas 76120 NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR j REPRESENTATIVES. AUTIIJOR ED REPRESENTATIVE Fax: 817/ 392-8092 yj — i ACORD25(2001/08) Ql ©AC �DCOTION`1988 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Morningside Neighborhood Drainage Improvements(Project No.00088) PROJECT NUMBER: C200-2028280008883 IS TO CERTIFY THAT: Laughlev Bridge&Construction,Inc. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation no Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk no Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other MW Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. 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. Agency Insurance Company: Fort Worth Agent By Address Title �48 A CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4737 and City of Fort Worth Project No. C200- 2028280008883. CONTRACTOR Laughlev Bridge & Construction, Inc. By: � L A C I R/ � Name:140'L " E_ `0 Title: tom Date: q- l$-o g UN STATE OF TEXAS § § COUNTY OF TARRANT § Before, me, the undersigned authority, on this day personally appeared (- s U �h-'L nown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Laughlev Bridge & Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. 4U4 Given Under My Hand and Seal of Office th20 ine Sta e of Texas CYNTHIA J.CATES Notary Public,State of Texas My Commission Expires 12.6.2008 .w 1 ..l 1 1 PERFORMANCE BOND Bond No. 4367068 1 l THE STATE OF TEXAS § I KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we(1)Laughley Bridge&Construction,Inc.as Principal herein,and(2) SureTec Insurance Company a corporation organized under the laws of the State of(3)Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal .. corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of: One Million One Hundred Sixty-nine Thousand Nine Hundred Forty-eight and no/100...................................... ($1,169,948.00)Dollars for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. Aul�tz WHEREAS, Principal has entered into a certain contract with the Obligee dated the of 2008 a copy of which is attached hereto and made a part hereof, for the construction of: Morningside Neighborhood Drainage Improvements(Proiect No.00088) NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. No 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. 1 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. AUG 0 5 2008 SIGNED and SEALED this of ,2008. ATTEST: rAL) Lauehley Bridge&Construction,Inc. PRINCIPAL 4)BY: 4,,4-1 CTitle: tS cam PO Box 123800 Fort Worth,TX 76121-3800 (Address) SureTec Insurance Company ffitnessUs toOrinciipaV Surety PO Box IY3800, Fort Worth, T% 76121-3800 n Address BY: M1�� g , ((� GI,LX ATTEST: V, �gu Connie Jean Kregel ( ttomey-in-fa )(5) Witness V (Surety)9 rW'John Hankins 9737 Great Hills Trail, Ste. 320 Austin, T% 78759 1-866-732-0099 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract ,. (1) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. 2 The date of bond shall not be prior to date of Contract. I Witness as to Stfre -Cindy Fowler 12770 Coit Rd., Ste. 750 Dallas, T% 75251 (Address) I �I 1 �I PAYMENT BOND ■ Bond No. 4367068 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)Laughley Bridge&Construction.Inc.,as Principal herein,and(2) SureTec Insurance Company ,a corporation organized and existing under the laws of the State of(3) Texas as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million One Hundred Sixty-nine Thousand Nine Hundred Forty-eight and no/100.......................... Dollars ($1,169,948.00) for the payment whereof, the said r Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents: AUG 0 5 2008 .n WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the day of ,2008,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: .. Morningside Neighborhood Drainage Improvements(Proiect No.00088) 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as _ amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. AUG 0 5 2008 SIGNED and SEALED this day of, 2008. I �.l 1 t �l Laughley Bridge & Construction, Inc. PRINCIPAL ATTEST- By: W'n4 j Name: w8gA4 )�- __ (Princ al) Se Te tary Title: ]�"Weti.5� (S E A L) Address: PO Box 123800 Fort Worth, TX 76121-3800 Witne as t6jPrir4Zipal _ SureTec Insurance Company SURETY ATTEST: By: 1 �CQ,1�llpG�Q Name: Connie Jean Kregel "tness, John Hankins Attorney in Fact {S E Address: 9737 Great Hills Trail, Ste. 320 -, Austin, 9X 78759 lniiness as to Surety Cindy Fowler Telephone Number: 1-866-732-0099 1 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. I 1 MAINTENANCE BOND THE STATE OF TEXAS § Bond No. 4367068 COUNTY OF TARRANT § That Laughley Bridge & Construction, Inc. ("Contractor"), as principal, and SureTec Insurance Company , a corporation organized under the laws of the State of Texas , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of One Million One Hundred Sixty-nine Thousand Nine Hundred Forty- eightand no/100............................................................................................................... Dollars ($1,169,948.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: ' WHEREAS, said :7 C% rV�rlUOB this day entered into a written Contract with the City of Fort Worth, dated the of lJllii , 2008, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Morningside Neighborhood Drainage Improvements (Project No. 00088) the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-2028280008883 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from -" Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this day of , A.D. 2008. AUG 0 5 2008 ATTEST: Laughley Bridge & Construction, Inc. (S E A L) Contractor C U [�)A By: m� p A- Secretary Name: t . Title: i 1 AT fEL—>T: SureTec Insurance Company Surety 4L By. NMRRMY(Litness, John Hankins Name: Connie Jean Kregel Title: Attorney-in-Fact 9737 Great Hills Trail, Ste. 320 Austin, T% 78759 1-866-732-0099 Address TPOA#: 4221003 SureTec Insurance Company TLIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and T existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint L.Ray Pitts,Jr.,Beverly M.Trimble,Richard M.Abbott,Connie Jean Kregel,Jeffrey Todd McIntosh,Cynthia Watson Fowler Tof Dallas, Texas its true and lawful Attomey(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed 7 Five Million and no/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the * premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on rbehalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such rAttorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. fBe it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April. 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. HANG. STEC INS CE COMPANY WGV•X....q,Cps By w w 13b Bill King, re nt State of Texas ss: ���. y d ;1 gf County of Hams ' On this 20th day of June,A.D. 2005 before me personally came Bill King, to me known,who,being by me duly swom,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument,that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny alalyPublic + • Blare o<Texall bow ''�„ram MY COMMINI n ROBS Michelle Denny,Notary Pub to August 27,2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy 6—of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this day of AUG 0 5 2008 20 ,A.D. MZ17 y M.Brent Beaty,Assistant Se re ry Any instrument issued in excess.or the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION • Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Ste. 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Important Notice Regarding Terrorism Risk Insurance Act of 2002 The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ---------------------------------------------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Excl.doc rev. 11_03 1 ..r CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS �• KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT + This agreement made and entered into this the day of AUG 05 200 D., 2008, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I lb day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Laughley Bridge& Construction,Inc.,HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Morningside Neighborhood Drainage Improvements(Proiect No.00088) 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. — 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence, er the commencement thereof and to fully complete and finish the same ready for the inspection and app val of FT.WORTH, TX the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 130 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$420 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. .. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made r a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. .. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the .r project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and ore beginnDfortW make, execute and deliver to said City of Fort Worth good and sufficien GM, bonaithf it performance of the terms and stipulations of the Contract and for the pan�ent to all labor FT. � .. and/or materials furnished in the prosecution of the work, such bonds being as provided and required in r Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be One Million One Hundred Sixty-nine Thousand Nine Hundred Forty-eight and no/100..................................................................................................................Dollars,($1,169,948.00). r 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of w the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. .. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. AUG 0 5 2008 - Done in Fort Worth,Texas,this the day of ,A.D.,200 OFFICIAL RECOK... - CITY SECRETARY FT.WORTH,TX RECOMME CITY OF FORT WORTH BY: DIRECTOR,DEPARTMENT OF ENGINEERING APPROV �,L,...,. FERNANDO COSTA,CITY MANAGER s TRANSP UBLIC WORKS tAset. DIRECTO ATTEST: Lauehley Bridge& Construction,Inc. PO Box 123800 Fort Worth,TX 76121-3800 CONTRACTOR CITY SECRETARY (S E A L) BY: Contract hluthoriaatiox TITLE OQ 16 - Date - `` APPROVED AS TO FORM AND W on4hxx IA l goo LEGALITY: ADDRESS //7 ASS . CIT EY November 1960 �. Revised May 1986 Revised September 1992 ®1=FIUAL RECORD •• CITY SECRETARY FT.WORTK TX IIIME 7rL-:--I TYPE 'C" BACKFILL SEE SPEC. El-2.4 MINIMUM 6" (NITIAL G.C.D. BACKFILL COVER SAND MATERIAL EMBEDMENT & INITIAL CFILL SEE SPEC.aA El K-2.3 G.C.D. MINIMUM 6'— EMBEDMENT WA-TER: SIZES UP TO AND INCLUDING 12" T1 I M=i aF---TYPE "C' BACKFILL SEE SPEC. E1-2.4 MINIMUM 6" INITIAL G.C.D. BACKFILL COVER- CRUSHED SHED STONE OR SAND WATER - 6. MATERIAL INITIAL BACKFILL SEWER - 12" SEE SPEC, F-1-2.4(b) OR STORM DRAIN - 12" IIiIi1 I i E1-2.3 G.C.D. CRUSHED STONE MINIMUM 6"— I I= SEE SPEC. El-2.3 EMBEDMENT G.C.D. WATER: SIZES 16" AND LARGER SEWER: ALL SIZES STORM DRAIN: ALL SIZES SAND GRADATION •LESS THAN 10% PASSING MATERIAL SPECIFICATIONS #200 SIEVE THE EMBEDMENT AND BACKFILL DETAILS PROVIDED ON THIS SHEET SHALL REPLACE APPROPRIATE PROVISIONS OF BOTH THE •P.I. = 10 OR LESS E1-2.4(b) AND E1-2.3 OF THE G.C.D. AND SM. SPEC. ITEM 402 OF THE TPW STANDARD SPECIFICATIONS FOR STREET & STORM DRAIN CONSTRUCTION. ALL OTHER PROVISIONS OF THESE ITEMS SHALL APPLY. CRUSHED STONE GRADA71ON SIEVE SIZE RETAINED 1. 0-10 40-75 55-90 #4 90-100 #8 95-100 CITY OF FORT WORTH,TEXAS DATE:08-2007 WATER, SEWER, &STORM DRAIN EMBEDMENT AND BACKFILL DETAILS WTR-034 F F 4 TRENCH REPAIR LIMITS EXISTING HMAC PAVEMENT 2" HOT MIX ASPHALT EXISTING HMAC PAVEMENT SAW Lut SAW cut �tli�:.i% t }Tee L.YJ 23; Ij`j-;7 r:,,.� 6" MIN. ./pf«%6f t„!"iF':•!'''; �).s`�� `'f`' EXISTING BASE COMPACTED •V .,."t 3 .��•tkrf3 j Xf;fi:'i -i;,y=�{�'s��4':y�•-;``3 �'rrsi; 4i;;..3 EXISTING CURB FLEX—BASE MATERIAL & GUTTER EXISTING CURB k GUTTER �/ .� { IN DITCH WALL :. '€ �--- BACKFILL MATERIAL (SEE NOTE #3) PIPE 14.11 TRENCH REPAIR W/TEMPORARY HMAC PAVEMENT TYPICAL SECTION NOTES: 1. PLACE A MIN. OF 2" HMAC SURFACE SOURSE (TYPE "D•• MIX) TO MATCH EXISTING HMAC PAVEMENT GRADE AS SHOWN. 2. PLACE COMPACTED FLEX BASE MATERIAL AS SHOWN, 3. FLOWABLE FILL IS REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS, AND IS OPTIONAL IN OTHER AREAS. FOR STORM DRAIN INSTALLATION. BACKFILL SHALL MEET SPECIFIED ITEM 402 OF THE STANDARD SPECIFICATIONS FOR STREET AND STORM GRAIN CONSTRUCTION, CITY OF FORT WORTH ALL CONSTRUCTION MUST BE IN ACCOROANCt:WITH THE CITY OF FORT WORTH STANDARD FOR WATER OR SANITARY SEWER INSTALLATION, SPECIFICATIONS FOR STREET AND STORM BACKFILL SHALL 8E PER FIGURE A. DRAIN CONSTRUCTION. RTW�RT CITY OF FORT WORTH, TEXAS DATE: 09/2005 TEMPORARY ASPHALT PAVEMENT REPAIR 2004_9 C COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA FOR UNPAVED AREA 4'—O" TYP. ••4�w 'ter � ��� �,t..yf- CLASS 'A' ;• +: -= (3000 PSI) ` ••`'• `" \ / ;;: �44 CONCRETE 8—#4 REBARS TYP. GRADE RINGS 34" CHAMFER (TYP.) GROUND .................... �;,r y.� = sr `�� �7}••�� ' st!' "+SUB"'''',,,•.!h•<..... i_�• t .:.;�:^fir. �BAS�.: •:z. ';k,i _... ,— CASE 1 I CASE 2 'r,< _ � CONCRETE COLLAR HEIGHT VARIES �.•ss RAM—NEK :�. (8' MIN., 24" MAX.) CASE 1 .,`. COLLAR SHALL EXTEND TO .� TOP OF 2:27 CONCRETE (REBAR REQUIRED) w• CASE 2 COLLAR SHALL EXTEND 3' BELOW BOTTOM OF LOWEST O GRADE RING REBAR SHALL BE (REBAR REQUIRED) PLACED 3" MIN. FROM SECTION A-A TOP AND BOTTOM OF CONCRETE COLLAR. E7-20. E7-21 MATERIAL E2-20, E2-21 CONSTRUCTION CITY OF FORT WORTH,TEXAS DATE:08-2007 MANHOLE CONCRETE COLLAR SAN-009 I I 1 i i % COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA FOR UNPAVED AREA Xl { •w ,•3';t:•.,•"+ice•ti '�4i_'.:?.zs:- N'' Ada:...,:;i' .. ;?...r`�� ::; A ,,.. .:. .%.l:•.? •.. `: ':�y t.• rH.•. ..iS 3" TYP. CLASS 'A' (3000 PSI) CONCRETE 8—#4 REBARS TYP. .Y •:'ti' .•:-~ + y t . )V CHAMFER (TYP.) cn a,..i•ii .•l}ice �• �i li. {n� FAVEMENT;�PAVEh1EN7 •�r�fa"`:=" � 't :�; ."• _— — 41 tu.•: wr.:•. _ `•.'••• �,•!�'';mot'' i�,�. ''r 4:�`;�:?.`` i..i. 1^, r� Y g 00 J•,:a.1.27•..e•'":r<a`. ....: �� ...r• En .�"f 50NCRE'fE: S�JB�RAOE:��;';...• 1�:}%.s . I I ••;'' ;+ .•. ::;:,. a I CASE 1 ! CASE 2 j CASE I COLLAR SHALL EXTEND TO TOP OF 2:27 CONCRETE SF—Q]]0 J A—A (REBAR REQUIRED) lO REBAR SHALL BE PLACED 3" MIN. FROM CASE 2 TOP AND 90TTOM OF COLLAR SHALL BE 8" THICK CONCRETE COLLAR. (REBAR REQUIRED) E1-20, E1-21 MATERIAL E2-20. E2-21 CONSTRUCTION CITY OF FORT WORTH,TEXAS DATE:08-2007 R�� GATE VALVE CONCRETE COLLAR WTR-004 EXISTING TRENCH REPAIR LIMITS CURB & EXISTING HMAC NEW HMAC GUTTER PAVEMENT (SEE NOTE 1) v7�1L�=X11-m it -.11-iJAMW • till, It--- i Zi . .I fill =Ilr PRIME COAT EXISTING SUBGRADE (IF ANY) BACKFILL MATERIAL PIPE PER DETAIL WTR-034 (SEE NOTE 3) DITCH WALL J NOTES- 1. ALL EXISTING ASPHALT COURSE SHALL BE REPLACED TO THE ORIGINAL DEPTH. PLACE A MINIMUM OF 2" HMAC SURFACE COURSE (TYPE V MIX) TO MATCH EXISTING GRADE AS SHOWN. 2. PLACE A MIN. OF 8' 2:27 CONCRETE AS SHOWN. 3. FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH, 4. ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION. RTWORT CITY OF FORT WORTH,TEXAS DATE:10-2W7 PERMANENT ASPHALT PAVEMENT TRENCH REPAIR STR-028 dEK 5! WN. CLASS 'A' REINFORCED CONCRETE PAVEMENT EXISTING REPLACEMENT TO THE SEE DETAIL EXISTING CURB & 6* MIN. NEAREST JOINT OR CURB. STR-035 CONCRETE GUTTER PAVEMENT TING CONCRETE JOINTEXIS EXISTING SUBGRADE Ali (IF ANY) BACKFILL MATERIAL PER DETAIL WTR-034 PIPE �n' 1 -:.,I I (SEE NOTE 1) Alki DITCH WALL NOTES: 1.FLOWABLE FILL MAY BE REQUIRED TO BACKFILL ALL TRENCHES IN DOWNTOWN STREETS AND IS OPTIONAL IN OTHER AREAS. IF FLOWABLE FILL IS REQUIRED, A SEPERATE PAY ITEM WILL BE PROVIDED FOR SUCH. 1 2.REINFORCED CONCRETE PAVEMENT SHALL BE REPLACED TO ORIGINAL DEPTH, OR TO A MINIMUM OF 6", WHICHEVER IS GREATER. 3.PLACE 6* OF 2.27 CONCRETE AS SHOWN. I" OF REINFORCED CONCRETE MAY BE SUBSTITUTED FOR EVERY 2" OF 2:27 CONCRETE, 4. REINFORCEMENT OF CONCRETE MUST MEET CITY STANDARD OR MATCH EXISTING, WHICHEVER IS GREATER. 5. ALL CONSTRUCTION MUST BE IN ACCORDANCE WITH THE CITY OF FORT 1 WORTH STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION. CITY OF FORT WORTH,TEXAS DATE:10-2007 REINFORCED CONCRETE PAVEMENT TRENCH REPAIR STR-031 CITY OF FORT WORTH CONSTRUCTION SERVICES LABORATORY RESULTS FOR COMPRESSIVE STRENGTH OF CONCRETE CORES Project : Morningside Neighborhood Drainage Improvements DOE No: 4737 Fund Code: 04 Contractor: Pour Date: " Date Tested: 12/10/07 LAB CORE PSI # # OF LOCATION CONC 98203 1 3358 1120 Centey St. N/4 **SPEC 3000 PSI Approval : Ryan Jeri Routing: Inspector: Richard Argomaniz Superintendent Tested by: Soil Lab Inspector File 1