HomeMy WebLinkAboutContract 38332NoCITY SECRETAWN 4
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SPECIFICATIONS
D.O.E. FILE
me AND `;ITY SECRETAFiy
CONTRACTOR'S BONDING CO. %ONTRgCT NO.
CONTRACT DOCUMENTS
CONSTRUCTION'S COPY
CLIENT DEPARTMENT FOR
PLANS FOR THE CONSTRUCTION OF
LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS
Department of Engineering No. 5556
City Project No. 00633
in the
CITY OF FORT WORTH, TEXAS
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CLAYTON 7T. R7EDINGER
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MIKE J. MONCRIEF
MAYOR
S. FRANK CRUMB, P.E.
DIRECTOR
WATER DEPARTMENT
DALE A. FISSELER, P.E.
CITY MANAGER
I
GREG SIMMONS, P.E.
DIRECTOR (ACTING)
TRANSPORTATION AND PUBLIC WORKS
A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
PREPARED FOR:
CITY OF FORT WORTH, TEXAS
DEPARTMENT OF ENGINEERING
DeOtte, Inc. CIVIL ENGINEERING
2553 East Loop 820 North Fort Worth, Texas 76118
fax 817-59G-8600 www.deotte.00m 817-589-0000
r
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTHI TX
2008 *L� ®RIN At
03-13-09 P03:38 IN
M&C Review
rage 1 of 1
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 2/17/2009
Uffictal site of the City of Fort Worth, Texas
FORT WORTII
DATE: 2/17/2009 REFERENCE NO.: C-23354 LOG NAME: 20LOWERKRAUSS
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize a Contract with Erosion and Retaining Wall Structures, Inc., in the Amount of
$465,796.00 for the Lower Krauss -Baker Channel Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$465,796.00 with Erosion and Retaining Wall Structures, Inc., for construction of the Lower Krauss -Baker
channel improvements.
DISCUSSION:
The Storm Water Management Program was established to reduce flooding in the City of Fort Worth,
preserve streams, minimize water pollution, and to operate the storm water system in a more effective
manner to fully comply with State and Federal regulatory requirements. This will be accomplished by
infrastructure reconstruction and system maintenance, master planning, enhanced development review and
increased public education and outreach.
On October 16, 2007, the City Council approved the issuance and sale of bonds which will be used to fund
capital improvements in the storm water utility system scheduled over the next two years.
On August 21, 2007, (M&C C-22322) the City Council authorized the City Manager to execute an
Engineering Agreement (Agreement) with DeOtte, kv-, for the design of the Lower Krauss -Baker channel
improvements. This design resulted in the recommendation for the construction of the following drainage
improvements: grading and drainage improvements consisting of unclassified excavation, gabion mattress,
maintenance access ramps, concrete rip -rap and retaining wall construction.
The project was advertised for bid on October 16 and October 23, 2008, in the Fort Worth Star -
Telegram. On November 6, 2008, the following bids were received:
Bidders Amount Time Of Completion
Erosion and Retaining Wall Structures, Inc. $465,796.00 48 Working Days
Ark Contracting Services, LLC $550,860.00
Craig Olden, Inc. $648,500.00
Based on price, experience, and reputation Erosion and Retaining Wall Structures, Inc., was determined to
offer the best value.
Costs for the implementation of this project will be funded by the Storm Water Capital Projects 2007
Revenue Bond Fund.
Funding in the amount of $37,400.00 is included for associated storm drain 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 $23,290.00.
Erosion and Retaining Wall Structures, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 25 percent M/WBE participation. The City's goal on this project is 22 percent.
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1009&cotmcildate=2/17/2009 3/2/2009
CITY OF FORT WORTH, TEXAS
TRANSPORTATION & PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
to the
Specifications & Contract Documents
for
CONSTRUCT LOWER KRAUSS-BAKER CHANNEL IMPROVMENTS
CITY PROJECT NO.00633
Bid Submittal Due Date: November 6, 2008
Addendum No. 1 Issued: October 31, 2008
The Specifications and Contract Documents for the above mentioned project are revised and amended as
follows:
SHEET 20 OF 22; GABION DETAILS AND NOTES
REVISE THE FOLLOWING NOTES:
BACKFILL BEHIND CRUSHED STONE LAYE SHALL BE SELECT BORROW. SELECT
BORROW SHALL BE UNIFORMLY BLENDED CLAYEY SAND THAT CONTAINS NO
ORGANIC MATERIAL, STONES LARGER THAN V, MANMADE DEBRIS OR ANY OTHER
DELETERIOUS MATERIALS. SELECT BORROW MATERIAL SHALL HAVE A PLASTICITY
INDEX BETWEEN 4 TO 16. SELECT FILL SHALL BE PLACED IN LIFTS NO DEEPER
THAN 8 INCHES AND COMPACTED TO A MINIMUM OF 95% STANDARD PROCTOR
DENSITY. EXCEPT AS NOTED ON THESE PLANS, SELECT FILL SHALL COMPLY WITH
THE REQUIREMENTS OF SECTION 6.2, "PLACEMENT AND COMPACTION" OF THE
GEOTECHNICAL STUDY.
2. TOPSOIL AND SOD (TO MATCH EXISTING GRASSES) SHALL BE PLACED IN ALL
GRASS AREAS DISTURBED BY CONSTRUCTION ABOVE THE GABION STRUCTURE
OR MATTRESS AND IN OTHER AREAS AS DIRECTED BY THE ENGINEER.DISTURBED
AREAS GREATER THAN 10 FEET FROM THE G__enIntic WILL BE REPAIRED AT THE
vrccr� r�-� r-. THAN ry ■-�c�
CONTRACTOR'S EXPENSE.
. TOPSOIL
SHALL BE 6" THICK AND, EXCEPT AS NOTED ON THESE PLANS, SHALL COMPLY
WITH REQUIREMENTS OF ITEM 2.03,70PSOIL" OF THE "EARTHWORK" SECTION OF
THE TECHNICAL SPECIFICATIONS.
3. CRUSHED STONE & FILTER FABRIC SHALL BE SUBSIDIARY TO GABION OR GABION
MATTRESS.
ADD THE FOLLOWING NOTES:
4. TOPSOIL AND SOD PLACEMENT SHALL BE SUBSIDIARY TO GABION OR GABION
MATTRESS.
ADD THE FOLLOWING T&PW GENERAL CONSTRUCTION NOTES:
Addendum No. 1
IV
10/31/2008
TPW GENERAL CONSTRUCTION NOTES
1. CONTRACTOR SHALL LIMIT ACTIVITIES TO WITHIN THE EXISTING DRAINAGE ROW.
2. CONTRACTOR SHALL VERIFY THE ELEVATION, CONFIGURATION AND LOCATION OF
EXISTING LINES PRIOR TO CONSTRUCTION. SUCH VERIFICATION SHALL BE
CONSIDERED SUBSIDIARY TO THE COST OF THE PROJECT AND NO ADDITIONAL
COMPENSATION WILL BE ALLOWED.
3. THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS FOR THE SUPPORT AND
PROTECTION OF ALL UTILITY POLES, GAS MAINS, TELEPHONE CABLES, SANITARY
SEWER LINES, ELECTRIC CABLES, DRAINAGE PIPES, UTILITY SERVICES, AND ALL
OTHER UTILITIES, AND THE STRUCTURES BOTH ABOVE AND BELOW GROUND DURING
CONSTRUCTION. THE CONTRACTOR IS LIABLE FOR ALL DAMAGES TO SUCH EXISTING
FACILITIES AS A RESULT OF THE CONTRACTOR'S OPERATIONS.
4. CONTRACTOR SHALL SUBMIT WRITTEN REQUEST TO THE ENGINEER FOR LAPPROVAL
OF ALL AREAS TO BE USED FOR STAGING, MOBILIZATION, EQUIPMENT AND MATERIAL
STORAGE AND GENERAL PROJECT CONSTRUCTION MANAGEMENT. REQUESTS SHALL
BE SUBMITTED TO THE ENGINEER WITHIN FIVE (5) DAYS OF NOTICE TO PROCEED.
5. CONTRACTOR SHALL HAVE ALL UTILITY COMPANIES LOCATE AND MARK ALL
UNDERGROUND FACILITIES BEFORE BEGINNING EXCAVATION.
6. CONTRACTOR SHALL CLEAN UP AND RESTORE THE AREAS OF OPERATIONS TO A
CONDITION AS GOOD AS OR BETTER THAN THAT WHICH EXISTED PRIOR TO THE
PROJECT.
7. NO EQUIPMENT OR MATERIAL SHALL BE DEPOSITED ON PRIVATE PROPERTY
WITHOUT WRITTEN PERMISSION FROM THE PROPERTY OWNERS.
8. CONTRACTOR SHALL PRESENT PROPOSED CONSTRUCTION STAGING AT THE PRE -
CONSTRUCTION MEETING.
9. IT IS RECOMMENDED THAT THE CONTRACTOR VIDEO ALL POTENTIALLY IMPACTED
PRIVATE PROPERTY AREAS PRIOR TO WORK. VIDEOS SHOULD INCLUDE THE DATE,
NOTATION AND AUDIO IDENTIFICATION OF PROPERTY ADDRESS. ANY PRE -
CONSTRUCTION VIDEO TAPING OF IMPACTED PROPERTIES SHALL BE CONSIDERED
SUBSIDIARY TO THE COST OF THE PROJECT.
10. TWO-WAY TRAFFIC MUST BE MAINTAINED AT ALL TIMES. TEMPORARY LANE
CLOSURES FOR DELIVERY AND ACCESS OF EQUIPMENT WILL BE ALLOWED IF
TRAFFIC CONTROL PLANS PROVIDED BY THE CONTRACTOR ARE REVIEWED AND
APPROVED BY THE CITY TRAFFIC ENGINEER. THERE SHALL BE NO LANE CLOSURES
AFTER HOURS OR WHEN ACTIVE WORK IS NOT TAKING PLACE AT A SPECIFIC
LOCATION.
This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced
project and modifies the original Specifications & Contract Documents of the same.
Addendum No. 1
10/31 /2008
Acknowledge your receipt of this addendum No. 1 by completing the requested information at the
following locations:
(1) In the space provide on the signature page of the Proposal
(2) Indicate in upper case letters on the outside of your sealed bid envelop:
"RECEIVED & ACKNOWLEDGED ADDENDUM NO.1"
Failure to acknowledge receipt of the Addendum No. 1could cause the subject bidder to be considered
"NONRESPONSIVE", resulting in disqualification.
GREG SIMMONS, P.E.
ACTING DIRECTOR
TRANSPORTATION & PUBLIC WORKS DEPT.
By: 22L 1F1 f
Dena Johnson, PA.
Engineering Manager
J
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J
Addendum No. 1 3 10/31/2008
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
PLANS FOR THE CONSTRUCTION OF
LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS
MIKE J. MONCRIEF
MAYOR
S. FRANK CRUMB, P.E.
DIRECTOR
WATER DEPARTMENT
Department of Engineering No. 5556
City Project No. 00633
in the
CITY OF FORT WORTH, TEXAS
.........................
CLAYTON T. REDINGER
r;•, 97497
DALE A. FISSELER, P.E.
CITY MANAGER
GREG SIMMONS, P.E.
DIRECTOR (ACTING)
TRANSPORTATION AND PUBLIC WORKS
A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
PREPARED FOR:
CITY OF FORT WORTH, TEXAS
DEPARTMENT OF ENGINEERING
DeOtte, Inc. CIVIL ENGINEERING
2553 East Loop 820 North Fort Worth, Texas 76118
fax 817-590-8600 www.deotte.com 817-589-0000
2008
am
THE CITY OF FORT WORTH, TEXAS
Construct Lower Krauss -Baker Channel
Improvements
City Project No. 00633
FORTWORTH
MIKE MONCRIEF
MAYOR
DALE FISSELER, PE
CITY MANAGER
Greg Simmons, PE
Acting Director, Transportation & Public Works Department
DeOtte, Inc.
October 2008
Lower Krauss -Baker Channel Improvements
October 2008
TABLE OF CONTENTS
1.
NOTICE TO OFFERORS
2.
COMPREHENSIVE NOTICE TO OFFERORS
3.
INSTRUCTIONS TO OFFERORS
4.
PROPOSAL
5.
EXPERIENCE RECORD
6.
WORKER'S COMPENSATION LAW COMPLIANCE
7.
CONFLICT OF INTEREST QUESTIONAIRE
6.
VENDOR COMPLIANCE
No 9.
GREEN CEMENT COMPLIANCE
10. SPECIFICATIONS AND CONTRACT DOCUMENTS
No
Lower Krauss -Baker Channel Improvements
October 2008
no
No
NOTICE TO OFFERORS
Proposals for the construction of the Lower Krauss -Baker Channel Improvements (the channel
improvements intersect Westcreek Drive, Sandra Drive, and Jennie Drive) will be received at the
Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday,
November 6, 2008, and will be opened and publicly read aloud approximately thirty minutes later in the
Council Chambers.
After evaluating the Proposals submitted, the City shall select the Offeror that offers the best value to the
City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options
for a scope or time modification and any price change associated with such modification.
The major work will consist of the following:
Grading and drainage improvements consisting of unclassified excavation, gabion
mattress, maintenance access ramps, concrete rip -rap and retaining wall construction.
Offeror shall comply with the City's Green Cement Policy as stipulated in the 'Comprehensive Notice to
Offerors'.
A Pre -Bid Conference will be held at 10:00 A.M., Tuesday, October 28, 2008 at the Department of
Transportation and Public Works Conference Room, Room 270, 2"d Floor, City Municipal Building, 1000
_. Throckmorton Street, in Fort Worth.
The offers will be valid for ninety (90) calendar days. The Engineer's Estimate for the construction costs
is $548,780.10.
The MWBE participation requirement is 22%. Offeror(s) must submit the appropriate completed MWBE
forms within 5 business days of submitting their Best Value Proposal. Failure to document proposed
_t attainment will remove the Proposal from further consideration. Contact the M/WBE Office at 817-392-
6104 to obtain list of certified subcontractors and suppliers.
Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made
no will be required to provide Payment and Performance Bonds and provide Contractors General Liability
and Statutory Workers Compensation Coverage.
General Contractors and Suppliers may make copies of the Contract Documents, Specifications, and
Plans through their printer. The bid documents may be viewed and printed on-line. Bid documents are
not available at the City. The bid documents may be viewed and printed on-line at
https://projectpoi nt. buzzsaw.com/fortworthgov/DO E_P rojects/00633%20-%20Lower%20Krauss-
Baker%20Channel%201mprovements?public.
Contact the Project Manager, Michael Owen, P.E., at (817) 392-8079 or Email
michael.owen@fortworthgov.org for assistance.
For additional information contact Clayton Redinger, P.E., DeOtte, Inc., (817) 589-0000 or
Email claytonredinoerandeotte.com.
Advertisement: October 16, 2008
October 23, 2008
Lower Krauss -Baker Channel Improvements
October 2008
r
COMPREHENSIVE NOTICE TO OFFERORS
Proposals for the construction of the Lower Krauss -Baker Channel Improvements (the channel
improvements intersect Westcreek Drive, Sandra Drive, and Jennie Drive) will be received at the
Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday,
November 6, 2008, and will be opened and publicly read aloud approximately thirty minutes later in the
Council Chambers.
After evaluating the Proposals submitted, the City shall select the Offeror that offers the best value to the
City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options
for a scope or time modification and any price change associated with such modification.
on The major work will consist of the following:
Grading and drainage Improvements consisting of unclassified excavation, gabion
No mattress, maintenance access ramps, concrete rip -rap and retaining wall construction.
Offeror shall comply with the City's Green Cement Policy as stipulated in the 'Comprehensive Notice to
Offerors'.
A Pre -Bid Conference will be held at 10:00 A.M., Tuesday, October 28, 2008 at the Department of
Transportation and Public Works Conference Room, Room 270, 2nd Floor, City Municipal Building, 1000
Throckmorton Street, in Fort Worth.
The offers will be valid for ninety (90) calendar days. The Engineer's Estimate for the construction costs
is $548,780.10.
General Contractors and Suppliers may make copies of the Contract Documents, Specifications, and
Plans through their printer. The bid documents may be viewed and printed on-line. Bid documents are
not available at the City. The bid documents may be viewed and printed on-line at
Y https://projectpoint.buzzsaw.com/fortworthgov/DOE_Projects/00633%20-%20Lower%20Krauss-
Baker%20Channel%201mprovements?public.
NOTICES
All offerors 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 of Fort Worth Ordinance no.
7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the
employment practices.
Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made
will be required to provide Payment and Performance Bonds and provide Contractors General Liability
and Statutory Workers Compensation Coverage.
�. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities.
No offer may be withdrawn until the expiration of ninety (90) days from the date offers are opened. The
award of contract, if made, will be within ninety (90) days after the opening of offers, but in no case will
the award be made until all the necessary investigations are made as to the responsibility of the offeror to
whom it is proposed to award the Contract.
Offerors are responsible for obtaining all addenda to the contract documents and acknowledging receipt
of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Offers
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 Engineering Department at (817)
392-7910.
Lower Krauss -Baker Channel Improvements
October 2008
we
Offerors, using the printed copy, shall not separate, detach or remove any portion, segment or sheets
from the contract document at any time. Offerors must complete the proposal section(s) and submit the
complete specification book or face rejection of the offer as non -responsive. It is recommended that the
offeror make a copy of the forms included in the Minority and Women Business Enterprise section for
submittal within the time deadline stated below or the offeror may request a copy of said forms from the
City of Fort Worth Project Manager named in this solicitation.
Offerors, using the electronic bidding system (Buzzsaw) and as outlined in the submission instructions,
shall submit those documents electronically that are requesting information but do not require a signature.
And for those documents that require signatures, print a copy of each document, complete, sign, and
received at the Purchasing Office within the time deadline stated above.
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 of Fort Worth
contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The offeror
shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or
the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00
p.m., five (5) City of Fort Worth 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 City of Fort Worth received the Documentation. Failure to comply shall
r
render the offer non -responsive.
The MWBE participation requirement is 22%. Contact the MWWBE Office at 817-392-6104 to obtain list of
certified subcontractors and suppliers.
As per Fort Worth City Council Resolution 3536, the City Manager is authorized to specify the purchase
of dry kiln cement in City of Fort Worth projects for the purchase of cement from an unspecified source
and preferential purchasing for bids from a cement kiln with emissions not exceeding 1.7 pounds of NOx
r per ton of clinker produced. In cases where cement meeting the above requirements is not available, and
where cement from a non -compliant source must be utilized, the Contractor shall furnish good faith effort
documentation in the form of letters from two North Texas cement suppliers of green cement stating that
no stock of green cement is available for the contractor at that time. These letters shall be considered
valid for a maximum of one week after which new letters must be submitted to the Project Inspector if
green cement continues to remain unavailable. All related costs for complying with the Green Cement
Policy shall be considered subsidiary to the applicable project pay items.
The contractor shall submit the Green Cement Policy Compliance Statement or the good faith effort
documentation at the time the of offer opening of the project. A copy of the Compliance Statement is
included in these documents. Failure to comply with the Green Cement Policy may result in rejection of
the bid as non -responsive.
SUBMISSION OF BID AND AWARD OF CONTRACT
The proposal within this document is designed as a package. In order to be considered an acceptable
offer, the Contractor is required to submit an offer for the complete proposal. An offer proposal submittal
that is received with the proposal incomplete will be rejected as being non -responsive.
Offerors are hereby informed that the Director of the Transportation and Public Works Department
reserves the right to evaluate and recommend to the City of Fort Worth City Council the offer that is
considered to be in the best interest of the City of Fort Worth.
Contact the Project Manager, Michael Owen, P.E., at (817) 392-8079 or Email
michael.owen@fortworthgov.org for assistance.
For additional information contact Clayton Redinger, P.E., DeOtte, Inc., (817) 589-0000 or
Email claytonredinQertldeotte.com.
Advertisement: October 16, 2008
October 23, 2008
Lower Krauss -Baker Channel Improvements
October 2008
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INSTRUCTIONS TO OFFERORS
PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of
the response to this Request for Sealed Proposals:
• Use the Proposal Form provided below.
• Entries on the Proposal Form may be handwritten or typed.
• Write in contract duration if not specified.
• Acknowledge all addenda on the Proposal Form.
• Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a
vice-president must sign the Proposal. If the Offeror is a partnership, then the
person/entity who is the managing/general partner must sign the proposal.
• Include cashier's check or an acceptable bidder's bond written by a corporate surety
payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the
total of the bid submitted.
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.
Include completed "Experience Record"
Include executed "Conflict of Interest Questionnaire," "Vendor Compliance to State Law,"
and "Green Cement Policy Compliance Statement" with Proposal.
1A. SELECTION OF CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the following criteria and
on its ranking evaluation.
In determining the Best Value Offeror, the City will consider:
1. Proposed price (50%)
2. Reputation/experience of the Offeror as demonstrated by past project work and the
report of references (40%)
3. Offeror's past relationship with the City. (10%)
"NOTE": If the Offeror does not have previous work experience with the City, then the
reputation evaluation criterion will represent 50% of the overall score.
The proposed price shall be scored as follows: the low bidder shall receive the full amount of
points designated for "Proposed price"; the remaining bidders shall receive the percentage of the
points designated for "Proposed price" resulting from the difference between 100% and the
percentage the bid is over the low bid total; and if the bidder's total is 100% or greater over the
low bid total, then zero points will be received.
Lower Krauss -Baker Channel Improvements
October 2008
lu
The remaining criteria shall be reviewed independently by a panel of evaluators and cumulative
average scores will be awarded.
The City shall review the projects listed in the experience record provided by the offeror in order
to evaluate the quality of the offeror's past work.
After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the
selected Offeror. The City and its engineer may discuss with the selected Offeror options for a
scope or time modification and any price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in
writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the
selection ranking until a contract is reached or all proposals are rejected.
2. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) (,BEST VALUE PROPOSAL)
All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable
participation of Minority and Women Business Enterprises (M/WBE) in the procurement of
services with a fee of $25,000 or more by establishing an M/WBE goal.
Within five (5) City business days from proposal submittal date, exclusive of the proposal
submittal date, ALL Offerors will be required to submit the appropriate completed M/WBE
documentation. The M/WBE goal is 22%.
The M/WBE firm(s) must be located or doing business in the City's geographic market area that
include the following nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis,
Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being
certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas
Department of Transportation. (TXDOT), Highway Division prior to recommendation for award
being made by the City Council.
If you will not have any M/WBE participation during this contract, then a completed Good Faith
Effort Form with appropriate supporting documentation must be submitted.
Failure to submit the appropriate M/WBE documentation or the detailed explanation of the
Offeror's Good Faith Effort to meet or exceed the stated M/WBE goal, may Render the proposal
non -responsive.
BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid
Security 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. The
Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the
Bid Security will result in the proposal not being considered for this project. Bidder's bond will be
returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless
the Bidder agrees to an extension. The surety must be licensed to do business in the state of
Texas.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, 'the
successful bidder entering into a contract for the work will be required to give the City surety in a
sum equal to the amount of the contract awarded. The 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 Texas Government Code Section 2253, as amended.
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
Lower Krauss -Baker Channel Improvements
October 2008
required under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and
is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify
as a surety on obligations permitted or required under federal law. Satisfactory proof of any such
.� reinsurance shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds
IM orwhich are interested in any litigation against the City. Should any surety on the contract be
determined unsatisfactory at any time by the City, notice will be given to the contractor to that
effect and the contractor shall immediately provide a new surety satisfactory to the City
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump
sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been competed and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution
of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in
the amount of the contract, conditioned on the faithful performance of the work in accordance
with the plans, specification, and contract documents. Said bond shall be solely for the protection
of the City of Fort Worth,
PRE -BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of
the work and the details of the requirements set out in these specifications to satisfy itself as to
the conditions which will be encountered relating to the character, quality, and quantity of the
work to be performed and materials and equipment required. The filing of a response by the
bidder shall be considered evidence that it has complied with these requirements.
6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be
paid on this project.
8. POST BID - PREAWARD SUBMITTALS: Offerors are required to submit the following
information to the Engineering Services Division, 1000 Throckmorton Street, Fort Worth, Texas
76102, within five business days subsequent to bid opening (normally by 5:00 PM the next
Thursday following a Thursday bid opening) in order to assist City staff in determining the
Contractor's capability of performing the work and in meeting City contract requirements:
M/WBE Documentation (for bids in excess of $25,000)
Proposed Subcontractors and Suppliers
Project Schedule
Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in
preparing recommendations for award of the contract. The Contractor must provide and use
subcontractors listed unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Lower Krauss -Baker Channel Improvements
October 2008
F�
MW
so
Should a Offeror find any discrepancies in the drawings and specifications, or should it be in
doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a
written addendum that will be available to all Offerors at the Plans Desk or place designated for
distribution of Bid Documents by the Notice to Offerors. The Contractor is responsible for
determining if addenda are available and for securing copies prior to submitting a response to
this request for sealed bids. Oral instructions or decisions unless confirmed by written addenda
will not be considered valid, legal or binding. No extras will be authorized because of failure of
the contractor to include work called for in the addenda.
EL
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may
cause the Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain
Addenda and include its information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof
that Workers Compensation Insurance will be obtained, must be submitted within five working
days of bid opening
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
13. BID DOCUMENTS: Hard copies of bidding documents may be obtained directly from printers or
downloaded and printed by the Offeror.
14. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
15. PROJECT SCHEDULE: The Project Schedule, submitted as a part of the Post Bid — Pre Award
Submittal Package will, at the minimum, include the following: mobilization, site preparation,
excavation, concrete work, placement of gabion mattress, and closeout. The Schedule may be
submitted as a table or PERT diagram.
so
Lower Krauss -Baker Channel Improvements
October 2008
10
I IZ0510+.J s RAF iAj I AtG
WAL-L S'TiILuC74RAE'S
1
PROPOSAL
TO: MR. DALE FISSELER, PE
CITY MANAGER
ATTN: PURCHASING OFFICE
1000 THROCKMORTON
CITY OF FORT WORTH, TEXAS
FOR: Lower Krauss -Baker Channel Improvements
Fort Worth, Texas
City Project No. 00633
Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined
the plans, specifications and the site, understands the amount of work to be done, and hereby
proposes to do all the work and furnish all labor, equipment and materials necessary to fully
complete all the work as provided in the plans and specifications, and subject to the inspection
and approval of the Director of Transportation and Public Works of the City of Fort Worth.
,. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract
and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or
Payment Bonds approved by the City of Fort Worth for performing and completing the Work
within the time stated and for the following sum, to wit:
M
r__J
I—]
Lower Krauss -Baker Channel Improvements
October 2008
Drainage Improvements
PAY COFW
APPROX. DESCRIPTION OF ITEMS WITH BID PRICES
ITEM BID #
UNIT QUANTITY WRITTEN IN WORDS
UNIT PRICE
AMOUNT BID
(Furnish and install complete in place, including all appurtenant work, the following items.)
1 BID-00504
EA 2 Sign -Project Designation - Install
AVE 1 fbJSAND Dollars
Cents
$ 5, 000.00
$ /0, OW • 00
2 BID-00124
LS 1 Mobilization - Services
t♦-uNOOt� A Fry
Nwemzy Itkx�s,4w, I Dollars
7A20 Cents
$ 1 ZSO. ono
$ (9, 2 So. oo
3 BID-00065
CY 2,770 Channel -Unclassified Excavation - Remove
-re/ l Dollars
no 2&R0 Cents $ /0.00 $ 211 400.00
�. 4 BID-00070 LS 1 Headwall - Remove
I tk(LT %? FtVa t+ViVV (1gV Dollars
Cents $ 3, 5a0.C) $ 3, S00. 00
5 BID-00093 SY 170 RipRap- Remove
'mil (Lry Five Dollars
Z�Ro
Cents $ :56. 00 $ 5; 9EO - 00
6 BID-00127 LF 162 Fence - Remove
INGNEY AVE Dollars
Cents $ 25'. DO $ yJ D 50.00
"' Lower Krauss -Baker Channel Improvements
October 2008
WL
7
BID-00185
EA
7
Tree Removal - Remove
E%ewr 4,Okw
Dollars
_2�8(2o
Cents
$ 0010•00
$ S, 600.00
8
BID-00406
LF
180
Guardrail - Remove
-rweNT`( 1i t/:
Dollars
Zip
Cents
$ 2 ' 00
$ qI 500.00
9
BID-00424
LF
47
Curb & Gutter - Remove
i E HV/VDpgo 6)aTy
Dollars
ML
2c p
Cents
$ l Ko• 00
$ %, 580. 00
Erosion Control-Gabion Basket - Install
10
BID-00067
CY
1,152
(MATRESS)
//�^^
--jW0 HVNpj,,O TU 5/1/C`l✓ 1'1
Ug Dollars
06,
2rr-Qp
Cents
$ =5_- 00
$ 25 9, LOD . 00
..
11
BID-00092
CY
21
RipRap - Install
Fgt2 �'ft/Hbl E16 ti'1'i�
S1X Dollars
Cents
$ {A.00
$ to, W6 .00
12
BID-00128
LF
200
Fence -Chain Link - Install
F6u(1-T`t' TWO
Dollars
J
Cents
$ Z-00
$ 00.00
13
BID-00405
LF
165
Guardrail - Install
A FTY
Dollars
J
ZEap
Cents
$ 50. 00
$ 8j Z 50• 00
WN Lower Krauss -Baker Channel Improvements
October 2008
14 BID-00411 CY 131 (Retaining Wall - Install
71 �E tjVW KQ !i #�dL� A IJaE Dollars
Cents $ S OO $ 70 0 5- 00
15 BID-00535 LF 185 Walk -Handrail - Install
91 gTy Dollars
2" Cents $ 65. 00 $ 121025. o0
16 SPECIAL EA 3 4'x10' Tubular Barrier Gate�� //"��
thew AyE t4ynawD Dollars
Cents $ 3150O- OD $ 10 SoO. 00
DRAINAGE IMPROVEMENTS TOTAL: $ 4 6 S, 6 • OU
M
nu
no
No Lower Krauss -Baker Channel Improvements
October 2008
-.
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000)
• I am aware that I must submit information the Director, Transportation and Public Works,
concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this
Proposal in order to be considered RESPONSIVE.
Respectfully submitted,
By:
Address:
Comp
Sig?Pdfe '
JAtMG6 9. (;eE P(►�sinGN i
Printed Name of Principal Title
PID 8OX 33+0
Street
1.r-'w4SylLLe -150(1)
City zip
Phone:g-iz.' 2z[- '3n-t
Fax: CQ
LIM
Email:
Receipt is acknowledged of the following addenda:
Addendum No.
~" Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
Addendum No. 5:�__ _
Lower Krauss -Baker Channel Improvements
October 2008
The undersigned agrees to complete the Work within _ working days after the date of Notice to
Proceed (the contractor is to insert the proposed number of working days). A Project
Schedule will be submitted as required in the Instructions to Offeror.
The City reserves the right to accept or reject any and all bids or any combination thereof
proposed for the above work.
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors or employment agency in either furnishing or referring
employee applicants to the undersigned are not discriminated against as prohibited by the terms
of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section
13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative
to the award of contracts to non-resident bidders. The law provides that, in order to be awarded
a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or
_ principal place of business are outside of the State of Texas) that 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 Texas resident bidder would be required to underbid a
non-resident bidder in order to obtain a comparable contract in the state in which the
non-resident's principal place of business is located. The appropriate blanks in Section A must
be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of
out of state or non-resident bidders Failure to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal
place of business, are required to be percent lower than resident
bidders by state law.
1_1 Non-resident vendors in (give state), are not required
to underbid resident bidders.
B. Ivj' Our principal place of business or corporate offices are in the
State of Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will
execute the formal contract and will deliver approved Performance and Payment Bonds for the
faithful performance of this contact. The attached deposit check in the sum of
Dollars ($_ ) is to become the property of the City of Fort Worth, Texas, or the attached
Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the
time set forth, as liquidated damages for delay and additional work caused thereby.
Lower Krauss -Baker Channel Improvements
October 2008
EXPERIENCE RECORD
List of Projects your Organization has successfully completed:
Amount of
Contract Award Type of Work Date Accepted Name and Address of Owner
�r
1 t.
See AATAcA*eO 6tN61 T
List of Projects your Organization is now engaged in completing:
Amount of Anticipated Date
Contract Award Type of Work of Completion Name and Address of Owner
325, 5zs yo R.�PR>NP �Pu. ZooB �-4arr15 COUTHA Fool, (WU
- 9J°O NarfhW 5-t = aLva.y
, IP5y, 105. GO CAgION5 Mc_
Doul-r 5390 15-e4 (-ear Tx 71 � q8
i 391l,L112- sv C�gtO N S Nov . U08 C,+L, eF Noll 144L.410
'73o NE LooP GAO
ey94 t,M( -71,180
561;103 . DO 19M WNs U09 Co 'n 6004r
ii.AAAA 5•Mc 9. 9C2 0
r" Lower Krauss -Baker Channel Improvements
October 2008
ffi 11S
Erosion do Retainin y WaH Structures, Inc.
PO BOX 336 Lewisville, TX 75067
(972) 221.8397 — Phone (972) 221.4044 — Fax
www.erwsinc.com
November 5, 2008
Subject: Construct Lower Krauss -Baker Channel Improvements (City Project No. 00633) References
To Whom It May Concern,
.. Please see the following information which represents a sampling of projects that we've completed over
the past few years. The first three projects are located in the DFW area, with the remaining projects
located throughout the United States.
McCormick Park Bank Stabilization Project on Little Bear Creek
Euless, TX
City of Euless, TX - Owner
(817) 685-1647
Allen Harts was the Point of Contact with the City of Euless. We installed a tie -back gabion retaining
wall approximately 21' (foot) tall along Little Bear Creek where it was in danger of eroding a part of the
.. sidewalk that runs through McCormick Park. The total contract cost was $216,135.11.
Fairdale Substation — Garland Power & Light
200 North 5th Street
Garland, TX 75040
Can-Fer Construction Company, Inc. — General Contractor
(972) 484-4344
.. Tommy Bower is the Point of Contact with Can-Fer Construction Company, Inc. We were a sub-
contractor to CanFer on this project where we built an 18' (foot) gabion tie -back wall 287' (foot) long.
We self performed this, while CanFer handled the footings for the power transfer station. Our contract
amount was $150,300. We began this project in December 2007 and finished in February of 2008.
College Substation — Garland Power & Light
200 North 5th Street
Garland, TX 75040
(214) 686-7594
Joe Cherry — Point of Contact
We installed approximately 400 CY of tie -back gabion retaining walls along with 850 CY of rock
excavation. We self performed this contract as the general contractor. We began work in September
of 2008 and have completed the construction aspect of the project and are currently awaiting our
retention payment on the work performed. Our contract amount was $406,754.95.
City of Lubbock Business Park Phase 1 A
Lubbock, TX
We were a sub -contractor to Duinick Bros., Inc. for this project. Jason Shelburne, with Duinick Bros is
the point of contact on this project (817-491-0946). We installed approximately 1,246 CY of 12-inch
PVC gabion mattresses along with other items for drainage control and detention pond construction.
We began this project in February 2008 and completed work in March of 2008.
• Page 2 November 4, 2008
Dallas Co. TXDOT Maintenance Project
RMC 6133-27-001
Mo Khoshkar - Engineering Specialist
SWAO - Dallas TXDOT
(972) 293-4475
We self performed this project as a general contractor. We installed approximately 1,000 CY of gabion
mattress to prevent further erosion along Mauk Branch Creek in Duncanville, TX.
Collin County TXDOT Project
Maintenance Project (RMC 6126-87-001)
We self performed this contract as the general contractor.
Royce Godwin was the Point of Contact (972) 542-2461
We installed 331 CY of gabion retaining walls under pre-existing bridges on US Highway 75 at
Throckmorton Creek. Our contract amount was - $83,000.00. We began the project in August 2005
and completed it in October 2005.
Carlisle Area Drainage Rehabilitation Phase 2-B
City Project No. 98-202-39
City of Mobile, AL
We were a subcontractor to J.H. Adams & Sons Construction Co.
(251) 456-1909
James F. Adams - Point of Contact
Our portion of the project consisted of installing approximately 3,500 CY of gabion retaining walls
ranging from 19' to 9' high and 1,600 LF long. We also installed approximately 8,150 SY of gabion
mattresses in the channel bottom between the walls. The approximate value of our contract was
$380,000. We began our portion in November 2006 and completed it in May 2007.
Navy Canal/Cameron Ditch Stormwater Facility
Owner's Contract #: CC-0349-06 / DRR
Seminole County, FI Public Works Division - Owner
Prime Construction Group, Inc. - General Contractor
Ketan Patel was the project manager on this project for Prime Construction Group, Inc.
(407) 856-8180 ext. 246
_ We installed - 2,150 CY of Gabion Baskets and - 585 SY of Gabion Mattresses. We began our
portion of the project in May 2006 and completed it in August 2006. Our contract value was
approximately $470,000.00.
Collin County TXDOT Project
Maintenance Project (RMC 6126-87-001)
We self performed this project as a general contractor.
Royce Godwin was the Point of Contact (972) 542-2461
We installed 331 CY of gabion retaining walls under pre-existing bridges on US Highway 75 at
Throckmorton Creek. Our contract amount was - $83,000.00. We began the project in August 2005
and completed it in October 2005.
Buffalo Bayou Hike and Bike Trail / Bagby to Sabine GFS No. N-0420T-38-3
City of Houston Buffalo Bayou Partnership / United Engineers, Inc.
Boyer, Inc. - General Contractor
Bill Kelly- Point of Contact
(713) 466-5395
We were a sub contractor on this project and we installed sack gabions along Buffalo Bayou along with
.., gabion mattresses, and limestone landscaping items. We began our portion of the project in August
2004 and completed it July 2006. Our original contract value was - $400,000.00, but as the project
started, change orders drove the value to near - $600,000.00.
• Page 3
November 4, 2008
Emergency Watershed Protection Program, North Chickamauga Creek Watershed
USDA / NRCS - Chattanooga, TN
Steele & Associates, Inc. - General Contractor
Wayne Singleton - Point of Contact
(770) 475-8199
We installed - 4,800 CY of Gabion retaining walls and - 6,000 tons of riprap. We began our portion of
the project in October 2005 and completed it in January 2006. Our contract value was -- $490,000.00.
As I mentioned, this is only a sample of the work Erosion & Retaining Wall Structures, Inc. has
completed since 2001. Please visit our website, www.erwsinc.com to see pictures of these and other
projects. If you need any further information, please don't hesitate to contact me. We look forward to
working with you.
cerel ,
4
James E. Fee
M Vice President
am
Is
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor
certifies that it provides worker's compensation insurance coverage for all of
its employees employed on City of Fort Worth project
LOWER KRAUSS BAKER CHANNEL IMPROVEMENTS
CITY PROJECT NUMBER 00633
Fort Worth, Texas
By:
s' t
Title
N 200$
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and
deed of �S OMEZ&O N -------------, for
the purposes and considerations therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of Nd%Lt#J&P& ___, 20_Q_j —__.
JOE C. SCHWEIGHOFER "
Notary Public, State of Texas Notary u lic in and for the State of Texas
My Commission Expires
July 23, 2012
a ontractor agrees to provide to the City a certificate showing that it has obtained
a policy of workers compensation insurance covering each of its employees on
the project in compliance with state law. No Notice to Proceed will be issued until
the Contractor has complied with this section.
(b) Contractor agrees to require each and every subcontractor who will perform work
on the project to provide to it a certificate from such subcontractor stating that the
subcontractor has a policy of workers compensation insurance covering each
employee employed on the project. Contractor will not permit any subcontractor
to perform work on the project until such certificate has been acquired.
Contractor shall provide a copy of all such certificates to the City.
MI Lower Krauss -Baker Channel Improvements
October 2008
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.
A. Our principal place of business or corporate offices are in the State of Texas.
BIDDER:5<<��
��OSl01J k Q.�CJAU, --- __ may: � � -----
Company (Please print)
?b Vol *90 _—_—_-- Signature: _----_—_—_ _---
Address
Title:_ ft6 VON------ --
City/State/Zip (Please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
Lower Krauss -Baker Channel Improvements
October 2008
r
i
M
111/05/2008 04:24 8173354035 REDI-MIX PAGE 01
NOV-04.2000 16:27 From: To:8178354035 P.2/2
GREEN CEMENT POLICY COMPLIANCE STATEMENT �
('To be iiornished by the Contractor to ft City at the time of bid opening)
(Submit separase forms for each svpplier / product Wppliei j
Noma of PrOjeCt: (. s:ft WLL&LJF.r c ujS - G3C4% �ft
City Prof. No,: '—Vg. wg3-
This is to oortffy that the cement to be utilized for the above project 40 meet the following oriteru
The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln
that meets the emission standard of 1,71b or leas of NOx ! ton of clinker relewd into the
atmosphere.
Name of Manufacturer �.
Address of Manufacturer: / 1
SUPPLIER
�? � t✓ L(� t.° irk �'`
Name
iitle Tr e n
EMID-n $r iammyK VAXIL �r irtG•
Company Company
Phone Number
Lowcrl(muss-BakerChoAricl impmvemcnts
October 2008
Ina
Phone Number
PROJECT DESIGNATION SIGN
1-1/2•
FORTWORTH,
3°
3° Project Title
4"
Contractor:
1/2"
2-1/2° Contractors Name
1-3l4'
1° FUNDED BY
2-112" (List Bond Fund, etc)
1-12 SCHEDULED COMPLETION DATE
1 1 YEAR
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR, BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT
WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE "MOLLY" LOGO IS PMS 167.
Lower Krauss -Baker Channel Improvements
October 2008
ow
00
dft
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
PLANS FOR THE CONSTRUCTION OF
LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS
Department of Engineering No. 5556
City Project No. 00633
in the
CITY OF FORT WORTH, TEXAS
MIKE J. MONCRIEF
MAYOR
S. FRANK CRUMB, P.E.
DIRECTOR
WATER DEPARTMENT
f*' ..............
CLAYTON T, REDINGER. 00*
........... . ........ .
it
97497
1�1,� . t �,• �;
DALE A. FISSELER, P.E.
CITY MANAGER
GREG SIMMONS, P.E.
DIRECTOR (ACTING)
TRANSPORTATION AND PUBLIC WORKS
A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
PREPARED FOR:
CITY OF FORT WORTH, TEXAS
DEPARTMENT OF ENGINEERING
DeOtte, Inc. CIVIL ENGINEERING
2553 East Loop 820 North Fort Worth, Texas 76118
fax 817-590-8600 www.deotte.com 817-589-0000
•
2008
TABLE OF CONTENTS
1 — Project Information
2 — Front End Documents
3 — MWBE Documentation
4 — Bid Package
5 — General and Special Conditions
❑
1.1 -MSC
pdf
®
1.2 — Title Page
MS -Word
®
1.3 — Location Maps
pdf
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)
®
3.1 — MWBE Special
pdf
Instructions
®
3.2 — MWBE
pdf
Subcontractors/Suppliers
Utilization Form
®
3.3 — MWBE Prime Contractor
pdf
Waiver
®
3.4 — MWBE Good Faith Effort
pdf
®
3.5 — MWBE Joint Venture
pdf
❑
4.1 — Bid Proposal Cover S
pdf
Signature Sheets
❑
4.2 — Bid Proposal(s)
MS -Excel
❑
4.3 — Green Cement Policy
MS -Word
Compliance Statement
❑
4.4 — Bid Schedule
pdf
❑
4.5 — Vendor Compliance to
pdf
State Law
❑
4.6 — List of Fittings
pdf
❑
4.7 — Addenda Index and
pdf
Receipt
❑
4.8 — Pre -Qualified Sub-
MS -Word
Contractor List
❑
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 — Part E Specifications
pdf
®
5.6 — Special Provisions
(paving - drainage)
a
TABLE OF CONTENTS
6 — Contracts, Bonds and Insurance
7 — Permits
8 — Easements
9 — Reports
10 — Addenda
®
5.7 - Wage Rates
pdf
®
5.8 — Compliance with and
pdf
Enforcement of Prevailing
Wage Rates
❑
5.9 — Standard Details (water-
dwf
sewer)
❑
5.10 — Standard Details
dwf
(paving- drainage)
®
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
❑
7.1 — TxDOT Permit(s)
pdf
❑
7.2 — Railroad Permit(s)
pdf
❑
7.3 — Other Permit(s)
pdf
❑
8.1 — Easement
pdf
❑
9.1 — Geo-tech Report(s)
pdf
❑
9.2 — Cathodic Protection
pdf
Study Report
❑
9.3 — Other Project Specific
pdf
Study Report(s)
❑ 10.1 Addendum MS -Word
DETAILED PROJECT SPECIFICATIONS
., SPECIFICATION FOR GABION STRUCTURES
GENERAL: SEE PLANS
MATERIALS: SEE PLANS
+ CONSTRUCTION: SEE PLANS
MEASUREMENT AND PAYMENT:
+ For items of work for which specific unit prices are established in the contract, the volume of rock will be
measured within neat lines of the gabion mattress structure and computed to the nearest cubic yard. Payment
for gabions will be made at the contract unit price, and includes the wire mesh, rock, specified bedding material
and geotextile. Such payment will be considered full compensation for all labor, materials, equipment and all
other items necessary and incidental to the completion of the work.
SPECIFICATION FOR METAL BEAM GUARD FENCE
The specifications for the construction of metal beam guard fence shall comply with North Central Texas
Council of Governments (NCTCOG) specifications item 801.2 and Standard Drawings 2270-A through E.
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Page 1 of 1
M
SPECIAL INSTRUCTION TO BIDDERS
(TRANSPORTATION AND PUBLIC WORKS)
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth,
in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the
bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents
within ten (10) days after the contract has been awarded.
k. a
To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of
Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary
of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2)
` have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized
and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the
Untied States secretary of the treasury to qualify as a surety on obligations permitted or required
.r 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 fumished 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 he executed, in the amount of
the contract, solely for the protection of all claimants supplying labor and materials in the prosecution
of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount
of the contract conditioned on the faithful performance of the work in accordance with the plans,
specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort
Worth.
All contracts shall require a maintenance bond in the amount of one hundred percent (1001/6) 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.
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3. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of
the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth,
Texas, concerning liquidated damages for late completion of projects.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended
by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting
discrimination in employment practices.
6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction
is deleted and replaced with the following:
(a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code,
including the payment of not less than the rates determined by the City Council of the City of Fort
Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code.
Such prevailing wage rates are included in these contract documents.
(b) The contractor shall, for a period of three (3) years following the date of acceptance of the
work, maintain records that show (i) the name and occupation of each worker employed by the
contractor in the construction of the work provided for in this contract; and (ii) the actual per diem
wages paid to each worker. These records shall be open at all reasonable hours for inspection by the
City. The provisions of the special provision titled "Right to Audit" pertain to this inspection.
(c) The contractor shall include in its subcontracts and/or shall otherwise require all of its
subcontractors to comply with paragraphs (a) and (b) above.
(d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating
that the contractor has complied with the requirements of Chapter 2258, Texas Government Code.
(e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the
project at all times.
Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted.
7. FINANCIAL STATEMENT: A current certified financial statement maybe 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
No holding a valid permit issued by an appropriate State Licensing Agency.
8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must
provide, along with executed contract documents and appropriate bonds, proof of insurance for
Worker's Compensation and Comprebensive General Liability (Bodily Injury-$500,000 each person,
$1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each
oc(aience). The City reserves the right to request any other insurance coverages as may be required
.. by each individual project.
9. ADDITIONAL INSURANCE REQUIREMENTS:
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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.
so 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.
No e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per
occurrence unless otherwise approved by the City.
g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider
NN 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
No 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
00 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.
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"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
s 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
n UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRRYIE
CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM
("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation
must be received by the managing department no later than 5:00 p.m., five (5) City business days
after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence that the
documentation was received by the City. Failure to comply shall render the bid non -responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information regarding
actual work performed by a minority business enterprise (MBE) and/or women business enterprise
(WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or
examination of any books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent
misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of
the contract and/or initiating action under appropriate Federal, State or local laws or ordinances
relating to false statements. Further, any such misrepresentation facts (other than a negligent
misrepresentation) and/or commission of fraud will result in the Contractor being determined to be
irresponsible and barred from participating in City work for a period of time of not less that three (3)
years.
12. AWARD OF CONTRACT. The City
reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid maybe
withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT
VENTURE FORM ("Documentation') as appropriate is received by the City. The award of contract,
if made, will be within ninety (90) days after this documentation is received, but in no case will the
award be made until all the responsibility of the bidder to whom it is proposed to award the contract
has been verified:
13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work
for each pay period. Payment of the remaining amount shall be made with the final payment, and
upon acceptance of the project.
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14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the
bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status
of addenda may be obtained by contacting the plans desk of the Department of Engineering
Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be
rejected as non -responsive.
15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Workers Compensation Insurance Coverage
a. Definitions:
Certain of coverage C`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.
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
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(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
w 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.
10/27/04
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 512-440-3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage,
or to report an employer's failure to provide coverage".
- 16. NON DISCRIlVQNATION: 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 DISCREWINATION: In accordance with the policy (`Polley") 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
so 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
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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 C ADA" ), Contractor warrants that it will not unlawfully discriminate
on the basis of disability in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or current employees. of
Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable
federal state and local laws concerning disability and will defend indemnify and hold City harmless
against any claims or allegations asserted by third parties against City arising out of Contractor's
alleged failure to comply with the above -referenced laws concerning disability discrimination in the
performance of this Contract.
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.
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ATTACHMENT IA
Page 1 of 4
FORT WORTii
City of Fart Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME:
Check applicable block to describe prime
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M/W/DBE
X
NON-M/W/DBE
PROJECT NAME:
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M/WBE Project Goal:
Prime's M/WBE Project Utilization:
PROJECT NUMBER
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications.
The undersigned Offeror agrees to enter' into a formal agreement with the M/WBE firm(s) listed in this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional
and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the
bid being considered non -responsive to bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level, Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor Is considered 1"'tier, a payment by a subcontractor to
its supplier is considered 2nd tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
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Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
�. Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev. 5130/03
FORTWORTH
Ir—
ATTACHMENT 1A
Page 2 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and ntik-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
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ATTACHMENT IA
Page 3 of 4
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Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification
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% 13— ATTACHMENT 1A
Page 4 of 4
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Total Dollar Amount of M/WBE Subcontractors/Suppliers
$ 1 4ol B3-440
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers
$ 1 O 6 ` 6q�- SO
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS
$ Zl.�I �',
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a
Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
City work for a period of time not less than one (1) year.
re
�X�5101e� f Zawl!rcm wa(t S�Yu kmx , lic,
Company Name
&M
Address
City/State/Zip
Printed Signature
Contact Name/Title (if different)
6(12 2u 9007
Telephone and/or Fax
E-mail Address
I.
Rev. 5/30103
y
FORT WORTH
City of Fort Worth
Prime Contractor Waiver Form
ATTACHMENT 1B
Page 1 of 1
�P'RRIIM,,E COMPANY NAME: A r /
GWS100 NiAlG
I ' / - `
MU //V
Check applicable block to describe
rime
M/W/DBE
NON-M/W/DBE
PROJECT NAME:
BID DATE r� ,,,ca�,�
✓ L.
City's MMBE Project Goal:
%
PROJECT NUMBER
f •/J\,
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Manaaina Department on or before
5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the
bid being considered non -responsive to bid specifications.
Will you perform this entire contract without subcontractors?
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an operational profile of your business.
YES
NO
Will you perform this entire contract without suppliers?
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an inventory profile of your business.
YES
NO
The bidder further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment
therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder
also agrees to allow an audit and/or examination of any books, records and files held by their company that will
substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of
the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State
or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of
contract may r n a determination of an irresponsible offeror and barred from participating in City work for a
period o e not an o 1 year.
s
---- -----------------�--- '--------------------
Aut ized Signature Printed Signature
w
ves
k------------ -------------------------------------------
Title Contact Name (if different)
1AL 9-14- 2.36 ----9 -S I ts�- ---
Company Name / Phone Number Fax Number
.. Address ail Address
l�—w&L -r c�'1---------- _-�--------------
City/State/Zip Date
Rev. 5/30/03
s
w
M
r
w
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we
ATTIC,HMENT 1C
Page 1 of 3
FORT WORTH City of Fort Worth
Good Faith Effort Form
PRIME CCOMPANY
(%NAME: A I A'/� G ( ��/
�I' sk a / a"V� 1 NG WALL, ✓ � /7 (A;C -
Check applicable block to describe
rime
M/W/DBE
NON-MNV/DBE
PROJECT NAME: ,�,•�/},�- (�,�
1 / (ALow M a ss" /rn
BID DATE ^ I_
(�
City's M/WBE Project Goal:
22.
PROJECT NUMBER
If you have failed to secure MMIBE participation and you have subcontracting and/or supplier opportunities or if your
DBE participation is less than the City's project goal, you must complete this form.
If the bidder's method of compliance with the MfWBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting 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.
1.) Please list each and every subcontracting and/or supplier opportunity] for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the
2" tier.
(use aaa►aonat sneers, it necessary)
List of Subcontracting Opportunities I List of Supplier Opportunities
Rev. 05/30/03
7"iJ ATTACHMENT IC
1 ? ; Page 2 of 3
2.) Obtain a current (not more than three (3) months old from the bid open date) list'of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
Yes
No
Date of Listing
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
Yes (If yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.)
No
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide MfWBE name, date, time, fax number and
documentation faxed.
NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a
particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two-
thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
. _ plans and specifications in order to assist the M/WBEs?
Yes
No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in -camera access to and
inspection of any relevant documentation by City personnel.
(Please use additional sheets, if necessary, and attach.)
an
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Rev. 05/30/03
ATTACHMENT 1C
Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/WBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachmpat- Il be contacted and the reasons for not using them will be verified by
the . y's IVINV Offic .
----------------- ---------------- � �> _E. f----------------
Author' d Signature Printed Signature
�'---� a&-------------------- -- --------------------------------------
Title Contact Name and Title (if different)
r �oe� a in �r ► �i St r (k�------2�-( ------ -- $W 33 -1-5--7
Company Name Phone Number Fax Number
-a -M -33P------------------------
Address
UAN sy i ate Tit s
City/State/Zip
mail Address
Dat
am
Rev. 05/30/03
no
SPECIAL. PROVISIONS FOR
STREET AND STORM DRAIN IMPROVEMENTS
Table of Contents
+
1.
SCOPE OF WORK.............................................................................................I.....
SP-4
2.
.................................
AWARD OF CONTRACT .............................. ..........................
SP-4
+ 3.
PRECONSTRUCTION CONFERENCE....................................................................
SP-4
4.
EXAMINATION OF SITE.........................................................................................
Sp-5
5.
BID SUBMITTAL.......................................................................................................
Sp-5
6.
WATER FOR CONSTRUCTION..............................................................................
Sp-5
7.
SANITARY FACILITIES FOR WORKMERS.............................................................
Sp-5
8.
PAYMENT .,.......................................................................................................
Sp-5
9.
SUBSIDIARY WORK . ...........................................................................................
Sp-5
+ 10.
LEGAL RELATIONS AND RESPONSIBILITIES
TOTHE PUBLIC...................................................................................................
SP-6
11.
WAGE RATES.....................................................................................................
SP-6
12.
EXISTING UTILITIES...............................................................................................
SP-7
11
PARKWAY CONSTRUCTION ..................................................................................
SP-7
14.
MATERIAL STORAGE.............................................................................................
SP-7
15.
PROTECTION OF EXISTING UTILITIES
+
ANDIMPROVEMENTS
16,
INCREASE OR DECREASE IN QUANTITIES..........................................................
SP-8
17.
CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .................................
SP-8
18.
EQUAL EMPLOYMENT PROVISIONS.....................................................................
SP-8
19.
MINORITY AND WOMENS BUSINESS ENTERPRISE
(M/WBE) COMPLIANCE...........................................................................................
SP-9
20.
FINAL CLEAN UP................................................................................................ SP-10
21.
CONTRACTOR'S COMPLIANCE WITH WORKER'S
COMPENSATION LAW.......................................................................................... SP-10
22.
SUBSTITUTIONS.....................................................................................................SP-13
23.
MECHANICS AND MATERIALSMEN'S LIEN ..................................................... ...... SP-14
24.
WORK ORDER DELAY............................................................................. ..........SP-14
25.
WORKING DAYS....................................................................................................SP-14
- 26.
RIGHT TO ABANDON.............................................................................................SP-14
27.
CONSTRUCTION SPECIFICATIONS......................................................................SP-14
28.
MAINTENANCE STATEMENT................................................................................SP-14
29.
DELAYS...... ............................... ..................................................................
SP-14
30.
DETOURS AND BARRICADES...............................................................................SP-15
31.
DISPOSAL OF SPOIL/FILL MATERIAL...................................................................
SPA 5
32.
QUALITY CONTROL TESTING............................................................................._
SP-15
aw 33.
PROPERTY ACCESS ....................................................... .....................
SP-16
34..
SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES .......................
SP-16
35.
WATER DEPARTMENT PRE-QUALIFICATIONS...................................................
SP-17
No 36.
RIGHT TO AUDIT ..................................................................................................
SP-17
37.
CONSTRUCTION STAKES.....................................................................................
SP-17
38.
LOCATION OF NEW WALKS AND DRIVEWAYS.................................................SP-18
so 39.
EARLY WARNING SYSTEM FOR CONSTRUCTION..............................................SP-18
40. AIR POLLUTION WATCH DAYS..............................................................................SP-18
05/01 /08 Sp-1
SPECIAL PROVISIONS FOR
STREET AND STORM DRAIN IMPROVEMENTS
Table of Contents
CONSTRUCTION ITEM :
41.
PAY ITEM -
UNCLASSIFIED STREET EXCAVATION .......................................
SP-1 9
so 42.
PAY ITEM -
6" REINFORCED CONCRETE PAVEMENT ...................................
SP-19
43.
PAY ITEM -
SILICONE JOINT SEALING...........................................................
SP-21
44.
PAY ITEM -
7" CONCRETE CURB .............................
.r 45.
PAY ITEM -
RETAINING WALL ........................................................ .................
SP-25
46.
PAY ITEM -
REPLACE EXIST. CURB AND GUTTER ........................................
SP-25
47.
PAY ITEM
HMAC TRANSITION.......................................................................
SP-25
48.
PAY ITEM -
6" PIPE SUBDRAIN........................................................................SP-25
49.
PAY ITEM -
TRENCH'SAFETY..........................................................................SP-26
50.
PAY ITEM -
8" THICK LIME STABILIZED SUBGRADE AND CEMENT FOR
SUBGRADE STABILIZATION ........... I...............
51.
PAY ITEM -
6" HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC
TESTING PROCEDURES) ........................... ........ ..........................
SP-26
52.
PAY ITEM -
CONCRETE FLAT.WORK (CURB, CURB & GUTTER,
SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND
DRIVEWAYS)...............................................................................
SP-27
53. PAY ITEM-
REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS,
STEPS, LEADWALKS AND WHEELCHAIR RAMPS ......................SP-28
54.
PAY ITEM -
REMOVE EXISTING CURB AND GUTTER....................................SP-28
55.
PAY ITEM -
REMOVE EXISTING CURB INLET.................................................SP-28
56.
PAY ITEM -
6" REINFORCED CONCRETE DRIVEWAY...................................SP-28
57,
PAY ITEM -
REMOVE AND CONSTRUCT CONCRETE STEPS .......................SP-28
58.
PAY ITEM-
4' STANDARD CONCRETE SIDEWALK, LEADWALK AND
WHEELCHAIR RAMP ........................................... ......... ,........ I ........ SP-29
- 59.
PAY ITEM -
REMOVE AND REPLACE FENCE.................................................SP-29
60.
PAY ITEM -
STANDARD 7" CURB AND 18" GUTTER.......................................SP-30
61.
PAY ITEM -
REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUSSP-30
62.
PAY ITEM -
BORROW ................................................. ...........................
SP-30
63.
PAY ITEM -
CEMENT STABILIZATION.............................................................
SP-30
64.
PAY ITEM -
CEMENT........................................................................................
SP-30
65.
PAY ITEM -
NEW 7" CONCRETE VALLEY GUTTER........................................SP-30
66.
PAY ITEM -
STORM DRAIN INLETS., .......................
67.
PAY ITEM -
TRENCH EXCAVATION AND BACKFILL
FOR STORM DRAIN ...................................................... ................
SP-31
68.
PAY ITEM -
STORM WATER POLLUTION PREVENTION (FOR DISTURBED
AREAS EQUAL TO OR GREATER THAN 1. ACRE).......................SP-31
69.
PRE BID ITEM - PROJECT DESIGNATION SIGN ...................... .............................
SP-33
., 70.
PRE BID ITEM - UTILITY ADJUSTMENT..................................................................SP-34
71.
PRE BID ITEM - TOP SOIL. ..... ... ............................................................SP-34
72.
PRE BID ITEM - ADJUST WATER VALVE BOX......................................................SP-34
05/01 /08
SP-2
SPECIAL PROVISIONS FOR
STREET AND STORM DRAIN IMPROVEMENTS
r' Table of Contents
73.
PRE BID ITEM -
MANHOLE ADJUSTMENT.......................................................SP-34
74.
PRE BID ITEM -
ADJUST WATER METER BOX................................................SP-36
75.
NON -PAY ITEM -
CLEARING AND GRUBBING ...................................................
SP-36
76.
NON -PAY ITEM -
SPRINKLING FOR DUST CONTROL .......................................
SP-36
77.
NON -PAY ITEM -
PROTECTION OF TREES, PLANTS AND SOILS....................SP-36
78.
NON -PAY ITEM -
CONCRETE COLORED SURFACE........................................SP-36
79.
NON -PAY ITEM -
PROJECT CLEAN-UP..............................................................
SP-37
80.
NON -PAY ITEM -
PROJECT SCHEDULE .................................. .........,.................SP-37
81.
NON -PAY ITEM -
NOTIFICATION OF RESIDENTS .............................................
SP-37
82.
NON -PAY ITEM -
PUBLIC NOTIFICATION PRIOR TO
BEGINNING CONSTRUCTION ...............................................
SP-37
83.
NON -PAY ITEM -
PRE -CONSTRUCTION NEIGHBORHOOD MEETING ............
SP-38
84.
NON -PAY ITEM -
WASHED ROCK.......................................................................SP-38
85.
NON -PAY ITEM -
SAWCUT OF EXISTING CONCRETE......................................SP-38
„y
66.
NON -PAY ITEM -
LOCATION AND EXPOSURE OF MANHOLES
AND WATER VALVES ......... .............................................SP-38
87,
NON -PAY ITEM -
TIE-IN INTO STORM DRAIN STRUCTURE .............................
SP-39
' 88.
NON -PAY ITEM -
SPRINKLER HEAD ADJUSTMENT .......................................... SP-39
89.
NON -PAY ITEM --
FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ... SP-39
90.
NON -PAY ITEM -
TEMPORARY EROSION, SEDIMENT AND WATER
POLLUTION CONTROL (FOR DISTURBED AREAS LESS
THAN1 ACRE)......................................................................... SP-40
91.
NON -PAY ITEM-
`GREEN` CEMENT POLICY ............... .......................................
SP-41
„ 92.
PAY ITEM -
TRAFFIC CONTROL...............................................................
SP-41
L
05/01
/08
SP-3
■
SPECIAL PROVISIONS
FOR
STREET AND STORM DRAIN IMPROVEMENTS
FOR: LOWER KRAUSS-BAKER CHANNEL IMPROVEMENTS
CITY PROJECT NO.: 00633
DOE NO.: 5556
1. SCOPE OF WORK: The work covered by these plans and specifications consist of the
following: Constrtactlon of gra��ng�d drainage ftltprouerrents cnrtsistiigFof tirclassifed
retaining `;walls 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: 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.
4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit
the project site and make such examinations and explorations as may be necessary to
determine all conditions that may affect construction of this project. Particular attention
should be given to methods of providing ingress and egress to adjacent private and
public properties, procedures for protecting existing improvements and disposition of all
materials to be removed. Proper consideration should be given to these details during
preparation of the Proposal and all unusual conditions that may give rise to later
contingencies should be brought to the attention of the City prior to the submission of the
Proposal.
During the construction of this project, it is required that all parkways be excavated and
shaped including bar ditches at the same time the roadway is excavated. Excess
excavation will be disposed of at locations approved by the Engineer. During construction
of this project, the Contractor shall comply with present zoning requirements of the City
A
of Fort Worth in the use of vacant property for storage purposes.
5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or
sheets from the contract documents at any time. Failure to bid or fully execute contract
without retaining contract documents intact may be grounds for designating bids as "non-
05/01 /08 SP-4
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
05/01 /08 SP-5
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 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 11th 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
r 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.
W 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
05/01 /08 SP-6
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.
15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall
take adequate measures to protect all existing structures, improvements and utilities,
mo 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
05/01 /08 SP-7
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.
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 M/WBE Ordinance, or to
05/01 /08 SP-8
demonstrate "good faith effort", shall result in a bid being rendered non -responsive to
specifications.
Contractor shall provide copies of subcontracts or co -signed letters of intent with
approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor
shall also provide monthly reports on utilization of the subcontractors to the City's
M/WBE office.
The Contractor may count first and second tier subcontractors and/or suppliers toward
meeting the goals. The Contractor may count toward its goal a portion of the total dollar
amount of the contract with a joint venture equal to the percentage of the M/WBE
participation in the joint venture for a clearly defined portion of the work to be performed.
All M/WBE Contractors used in meeting the goals must be certified prior to the award of
the Contract. The M/WBE Contractor(s) must be certified by either the North Central
Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation
(TxDOT), Highway Division and must be located in the nine (9) county marketplace or
currently doing business in the marketplace at time of bid. The Contractor shall contact
all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization
or good faith effort forms as applicable. Failure to contact the listed M/WBE
subcontractor or supplier prior to bid opening may result in the rejection of bid as non-
responsive.
Whenever a change order affects the work of an M/WBE subcontractor or supplier, the
M/WBE shall be given an opportunity to perform the work. Whenever a change order
exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals
applicable to the work to be performed under the change order.
During the term of the contract the contract shall:
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,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor
desires to change or delete any of the M/WBE subcontractors or suppliers.
Justification for change may be granted for the following:
a. Failure of Subcontractor to provide evidence of coverage by Worker's
Compensation Insurance.
b. Failure of Subcontractor to provide required general liability of other
insurance.
C. Failure of Subcontractor to execute a standard subcontract form in the
amount of the proposal used by the Contractor in preparing his M/WBE
Participation plan.
05/01/08 SP-9
d. Default by the M/WBE subcontractor or supplier in the performance of
the subcontractor.
Within ten (10) days after final payment from the City, the Contractor shall
provide the M/WBE Office with documentation to reflect final participation of
each subcontractor and supplier used on the project, inclusive of M/WBEs.
20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the
paving and curb and gutter has been completed. No more than seven days shall elapse
after completion of construction before the roadway and 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.
05/01 /08 S P-10
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;
05/01 /08 SP-11
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(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.
(d) notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after the person knew or
should have known, of any change that materially affects the
provision of coverage of any person providing services on the
project; and
(e) contractually require each person with whom it contracts, to
perform as required by paragraphs (1)-(7), with the certificates
of coverage to be provided to the person for whom they are
• providing services.
j. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by worker's compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with
appropriate insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the Contractor to administrative, criminal,
civil penalties or other civil actions.
p 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
05/01 /08 SP-12
text for the notices shall be the following text, without any additional words or
changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing services
related to this construction project must be covered by worker's compensation
insurance. This includes persons providing, hauling, or delivering equipment
or materials, or providing labor or transportation or other service related to the
project, regardless of the identify of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at 512-463-3642 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 purpose. However, the Contractor shall
have the full responsibility of providing that the proposed substitution is, in fact, equal,
and the Engineer, as the representative of the City, shall be the sole judge of the
acceptability of substitutions. The provisions of the sub -section as related to
"substitutions" shall be applicable to all sections of these specifications.
23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute
a release of mechanics and materialmen's liens upon receipt of payment.
24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and
easements and/or permits obtained on this project within sixty (60) days of advertisement
of this project. The work order for subject project will not be issued until all utilities, right-
of-ways, easements and/or permits are cleared or obtained. The Contractor shall not
hold the City of Fort Worth responsible for any delay in issuing the work order for this
Contract.
■ 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted
number of working days.
26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the
Contractor, any part of the project or the entire project at any time before the Contractor
begins any construction work authorized by the City.
05/01 /08 SP-13
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.
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 the latest version of the 'Texas
Manual on Uniform Traffic Control Devices for Streets and Highways"
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
05/01 /08 SP-14
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.
33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times
unless otherwise directed by the Engineer.
05/01 /08 SP-15
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.
r
(b) Contractor further agrees to include in all its subcontracts hereunder a provision to
the effect that the subcontractor agrees that the City shall, under the expiration of
three (3) years after final payment under the subcontract, have access to and the
05/01/08 S P-16
no
right to examine and photocopy any directly pertinent books, documents, papers and
records of such subcontractor involving transactions to the subcontract and further,
that City shall have access during normal working hours to all subcontractor facilities
and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this article together with subsection (c )
hereof. City shall give subcontractor reasonable advance notice of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Contractor for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
37. CONSTRUCTION STAKES:
-+ 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
R 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 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 bl-monthly
basis the percentage of work completed will be compared to the percentage of time
charged to the contract. If the amount of work performed by the Contractor is less than
the percentage of time allowed by 20% or more (example: 10% of the work completed in
30% of the stated contract time as may be amended by change order), the following
proactive measures will be taken:
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SP-17
..0
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 Manager's Office and
the appropriate city council members may also be informed.
3. Any notice that may, in the City's sole discretion, be required to be provided to
no interested individuals will distributed by the Engineering Department's Public
Information Officer.
4. Upon receipt of the Contractor's response, the appropriate City departments
and directors will be notified. The Engineering Department's Public
Information Officer will, if necessary, then forward updated notices to the
interested individuals.
r
5. If the Contractor fails to provide an acceptable schedule or fails to perform
satisfactorily a second time prior to the completion of the contract, the
-� bonding company will be notified appropriately.
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.
RJ
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.
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CONSTRUCTION
41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION:
See Standard Specifications Item No. 106, "Unclassified Street Excavation" for
specifications governing this item.
Removal of existing penetration or asphalt pavement shall be included in this item.
Operations necessary to windrow existing gravel base in order to lower or raise subgrade
shall be considered as subsidiary to this item and no additional compensation shall be
given as such.
During the construction of this project, it is required that all parkways be excavated and
shaped at the same time the roadway is excavated. Excess excavation will be disposed
of at locations approved by the engineer.
The intention of the City is to pay only the plan quantity without measurement. Should
either contracting party be able to show an error in the quantities exceeding 10 percent,
then actual quantities will be paid for at the unit prices bid. The party requesting the
payment of actual rather than plan quantities is responsible for bearing any survey and/or
measurement costs necessary to verify the actual quantities.
42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT:
(a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement,"
shall apply. The Contractor shall use a six (6) sack concrete mix for all hand
placement in the intersections. The unit price bid per square yard shall be full
payment for all labor, material, equipment and incidentals necessary to complete the
work.
so (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
am 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.
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SP-19
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43. PAY ITEM - SILICONE JOINT SEALING FOR CONCRETE PAVEMENT:
CITY OF FORT WORTH, TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SPECIFICATION
for
SILICONE JOINT SEALING
(Revision 1, October 18, 1989)
(Revision 2, May 12, 1994)
1. SCOPE
This specification for silicone joint sealing Portland Cement Concrete pavement and
curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD
SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF
FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF
GOVERNMENTS.
2. MATERIALS
2.1 The silicone joint sealant shall meet Federal Specification TT-S-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
no 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
so The joint sealant shall be Dow Corning 890-SL self -leveling silicone joint
sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-
0994, or an approved equal.
Self -Leveling Silicone Joint 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
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Full Adhesion, days 14 to 21
AS CURED -
ASTM D 412, Die Mod. Elongation, % min. 1400
°y ASTM D 3583 Modulus @ 150% Elongation, psi max. 9
(Sect. 14 Mod.)
ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure
- ASTM D 3583 Adhesion to Concrete, % Elongation min. 600
(Sect. 14 Mod.)
ASTM D 3583 Adhesion to Asphalt, % Elongation' min. 600
.. (Sect. 14 Mod.)
2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod
and polyethylene bond breaker tape of sufficient size to provide a tight seal. The
back rod and breaker tape shall be installed in the saw -cut joint to prevent the joint
sealant from flowing to the bottom of the joint. The backer rod and breaker tape
no shall be compatible with the silicone joint sealant and no bond or reaction shall
occur between them. Reference is made to the "Construction Detail" sheet for the
various joint details with their respective dimensions.
3. TIME OF APPLICATION
On newly constructed Portland Cement Concrete pavement, the joints shall be
initially saw cut to the required depth with the proper joint spacing as shown on
the "Construction Detail' sheet or as directed by the Engineer within 12 hours of
the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch
-- width "green" saw -cut and the "reservoir" saw cut are identical and should be
part of the same saw cutting operation. Immediately after the saw cutting
pressure washing shall be applied to flush the concrete slurry from the freshly
saw cut joints.) The pavement shall be allowed to cure for a minimum of seven
(7) days. Then the saw cuts for the joint sealant reservoir shall be made, the
joint cleaned, and the joint sealant installed. During the application of the joint
sealant, the weather shall not be inclement and the temperature shall be 40F (4C)
and rising.
4. EQUIPMENT
4.1 All necessary equipment shall be furnished by the Contractor. The Contractor
shall keep his equipment in a satisfactory working condition and shall be
r. inspected by the Engineer prior to the beginning of the work. The minimum
requirements for construction equipment shall be as follows:
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4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to
complete the joint sawing to the required dimensions.
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4.3 High Pressure Water Pump: The high pressure cold water pumping system
shall be capable of delivering a sufficient pressure and volume of water to
thoroughly flush the concrete slurry from the saw -cut joint.
4.4 Air Compressors: The delivered compressed air shall have a pressure in
excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal
of all free water and oil from the compressed air. The blow -tube shall fir into
the saw -cut joint.
4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume
of sealant to the joint.
4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into
the joint.
4.7 Sandblaster: The design shall be for commercial use with air compressors as
specified in Paragraph 5.4.
4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and
free of contamination. They shall be compatible with the join depth and width
+ requirements.
+
5. CONSTRUCTION METHODS
5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation,
and joint sealant placement shall be performed in a continuous sequence of
operations
5.2 Sawing Joints: The joints shall be saw -cut to the width and depth as shown on
the "Construction Detail' sheet. The faces of the joints shall be uniform in
width and depth along the full length of the joint.
5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall
be completely removed from the joint and adjacent area by flushing with high
pressure water. The water flushing shall be done in one -direction to prevent
joint contamination.
When the Contractor elects to saw the joint by the dry method, flushing the
joint with high pressure water may be deleted. The dust resulting from the
sawing shall be removed from the joint by using compressed air. (Paragraph
Rev. 1, 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.
so
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10
The blown joint shall be checked for residual dust or other contamination. If
SP-22
any dust or contamination is found, the sandblasting and blowing shall be
repeated until the joint is cleaned. Solvents will not be permitted to remove
stains and contamination.
Immediately upon cleaning, the bond breaker and sealant shall be placed in
the joint. Open, cleaned joints shall not be left unsealed overnight.
Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed
in the cleaned joint prior to the application of the joint sealant in a manner that
will produce the required dimensions.
5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint
sealant shall be applied using the mechanical injection tool. The joint sealant
application shall not be permitted when the air and pavement temperature is
less than 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 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
I.
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Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as
provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of
shall be full compensation for furnishing all materials and for all preparation,
delivery, and application of those sealing materials and for all labor, equipment,
tools and incidentals necessary to complete the silicone joint sealing in conformity
with the plans and these specifications.
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�ii
44. PAY ITEM- 7" CONCRETE CURB:
The Contractor may, at his option, construct either integral or superimposed curb. Standard
Specification Item 502 shall apply except as follows: Integral curb shall be constructed along
the edge of the pavement as an integral part of the slab and of the same concrete as the
slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the
concrete in the slab.
If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the
curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill
operation is complete.
45. PAY ITEM - RETAINING WALL:
This item will consist of placing retaining walls in locations and at heights determined by the
engineer in the field. All applicable section of City of Fort Worth Standard Specification item
518 shall apply except as follows:
Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing
No. S-M13 "Retaining Wall With Sidewalk" where applicable.
All existing brick and/or stone retaining walls not significantly impacted by proposed grade
changes will be protected. Replacement of retaining walls not impacted by proposed grade
changes will be at the expense of the Contractor.
46. PAY ITEM - REPLACE EXIST. CURB AND GUTTER:
This item is included for the purpose and removing and replacing existing curb and gutter in
transition areas as determined by the Engineer in the field. The proposed curb and gutter
will be of the same dimensions as the existing curb and gutter to be removed. Quantities for
this pay item are approximate and are given only to establish a unit price for the work
The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the
Proposal will be full payment for materials including all labor, equipment, tools and
incidentals necessary to complete the work.
47. PAY ITEM - HMAC TRANSITION:
r• This item will consist of the furnishing and placing at varying thicknesses an HMAC surface
in transition areas where indicated on the plans, as specified in these specifications and at
other locations as may be directed by the Engineer.
This item shall be governed by all applicable provisions of Standard Specifications Item 312.
i
The price bid per ton HMAC Transition as shown in the Proposal will be full payment for
materials including all labor, equipment, tools and incidentals necessary to complete the
work.
48. PAY ITEM - - 6" PIPE SUBDRAIN:
No specific location for this item is designated on the plans. Subdrain shall be installed only
if field conditions indicate ground water at subgrade level after excavation and if deemed
necessary by the Engineer.
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49. PAY ITEM - TRENCH SAFETY:
Description: This item will consist of the basic requirements which the Contractor must
comply with in order to provide for the safety and health of workers in a trench. The
Contractor shall develop, design and implement the trench excavation safety protection
system. The Contractor shall bear the sole responsibility for the adequacy of the trench
safety system and providing "a safe place to work" for the workman.
The trench excavation safety protection system shall be used for all trench excavations
deeper than five (5) feet. The Excavating and Trenching Operation Manual of the
Occupational Safety and Health Administration, U.S. Department of Labor, shall be the
minimum governing requirement of this item and is hereby made a part of this specification.
The Contractor shall, in addition, comply with all other applicable Federal, State and local
rules, regulations and ordinances.
Measurement and Payment: All methods used for trench excavation safety protection shall
be measured by the linear foot of trench and paid at the unit price in the Proposal, which
shall be total compensation for 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.
50. PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE & CEMENT 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. Quantities for this pay item are approximate and are given only to establish a unit price
for the work.
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" as
w shown in the Proposal will be full payment for materials necessary to complete the work.
51. PAY ITEM - 6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Testing
Procedures):
The base course shall be a 3" deep Type "B" course placed in one lift. 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 each asphalt paving course, core tests will be made to determine
compliance with the contract specifications. The hot -mix asphaltic concrete pavement
will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will
be determined by measurement cores taken at locations determined by the Engineer.
The thickness of individual cores will be determined by averaging at least three (3)
measurements. If the core measurements indicate a deficiency, the length of the area of
such deficient thickness shall be determined by additional cores taken along the length of
05/01 /08
SP-25
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'/z of the roadway width.
2) When the thickness of the base course (as determined from core samples) is more than
15% deficient of the plan thickness, the Contractor shall remove and replace the deficient
area at his own expense. If the thickness is less than 15% deficient, the Contractor shall
make up the difference in the base thickness with surface course material.
no 3) The surface course must be the plan thickness. This does not include surface course
material used to make up deficiencies in the base course as described in item 2).
4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan
ow thickness. Deficient areas (as determined in item 1) found to be less than the plan
thickness will be removed and replaced at the Contractor's expense.
5) No additional payment over the contract price will be made for any hot -mix asphaltic
concrete course of a thickness exceeding that required by the plans and specifications.
6) HMAC Testing Procedure:
The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that
will be used for each project. This should be submitted at the Pre -Construction
Conference. This design shall not be more than two (2) years old. Upon submittal of
the design mix a Marshal (Proctor) will be calculated, if one has not been previously
calculated, for the use during density. testing. For type "B" asphalt a maximum of 200%
rap may be used. No Rap may be used in type "D"
Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the
y 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 "B" and 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 both Type "B" and "D" asphalt.
Densities on type "B" must be done before Type "D" asphalt is applied.
Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt
is applied. Upon completion of the application of Type "D" asphalt additional cores must
be taken to determine the applied thickness.
52. PAY ITEM - CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS,
LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS):
Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, wheelchair
ramps and driveways as shown in the plans. This provision governs the sequence of work
related to concrete flatwork and shall be considered a supplement to the specifications
governing each specific item.
05/01 /08
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am
Required backfilling and finished grading adjacent to flatwork shall be completed in order for
no the flatwork to be accepted and measured as completed.
No payment will be made for flatwork until the pay item has been completed, which includes
backfilling and finished grading.
53. PAY ITEM — REMOVE EXISTING CONCRETE SIDEWALK DRIVEWAYS STEPS
LEADWALKS AND WHEEL CHAIR RAMPS:
This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and
wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item
No. 104 "Removing Old Concrete", for Specifications governing this item.
54. PAY ITEM — REMOVE EXISTING CURB AND GUTTER:
so
Where shown on the plans or where designated by the Engineer, existing curb and or gutter
and existing laid down curb shall be removed and disposed of in a manner satisfactory to the
Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed,
and for all labor, tools, and incidentals necessary to complete the job.
55. PAY ITEM — REMOVE EXISTING CURB INLET:
This item shall include all labor, materials, and equipment necessary to remove and dispose
of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as
shown on the Plans and as directed by the Engineer.
56. PAY ITEM — 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-S5A.
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.
go 57. PAY ITEM — REMOVE AND CONSTRUCT CONCRETE STEPS:
No
r
See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this
item as well as details SM-3.
The price bid per each for "REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE
STEPS" as shown in the Proposal will be full payment for materials including all labor,
equipment, tools and incidentals necessary to complete the removal and construction of
each set of concrete steps.
05/01 /08 S P-27
58. PAY ITEM — 4' STANDARD CONCRETE SIDEWALK LEADWALK AND WHEELCHAIR
RAMP:
All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and
Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified.
The Contractor shall construct standard concrete wheelchair ramps as shown on the
enclosed details, or as directed by the Engineer.
The Contractor shall not remove any regulatory sign, instruction sign, street name and sign
or other sign which has been erected by the City. The Contractor shall contact Signs and
Marking 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 manufacturers instructions.
"Contractor shall provide a colored sample concrete panel of one foot by one foot by three
inches dimension, or other dimension approved by the Engineer, meeting the
aforementioned specification. The sample, upon approval by the Engineer, shall be the
acceptable standard to be applied for all construction covered in the scope of this pay item.
The method of application shall be by screen, sifter, sieve or other means in order to provide
for a uniform color distribution."
59. PAY ITEM — REMOVE AND REPLACE FENCE:
• This item shall include the removal and reconstruction of the existing fence at the locations
shown on the plans or where deemed necessary by the Engineer. The Contractor shall
exercise caution in removing and salvaging the materials to they may be used in
+ reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to
the fence removed. The Contractor shall be responsible for keeping livestock within the
fenced areas during construction operation and while removing and relocating the fence, and
for any damage or injury sustained by persons, livestock or property on account of any act of
omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price
per linear foot shown on the Proposal shall be full compensation for all materials, labor,
equipments, tools and incidentals necessary to complete the work.
60. PAY ITEM — STANDARD 7" CURB AND 18" GUTTER:
All provisions of Standard Specification No. 502 'Concrete Curb and Gutter' shall apply
except as modified herein:
0 Subsidiary to the unit price bid per linear foot shall be the following:
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.
05/01 /08 SP-28
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
jo shall be reduced by 25% until the backfill operation is complete.
Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall
have minimum compressive strength of three thousand (3,000) pounds per square inch in
twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per
sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3)
inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is
required.
61. PAY ITEM — REMOVE AND RECONSTRUCT MAILBOXES / MISCELLANEOUS:
This item includes the removal and reconstruction of existing mailboxes, brick walls,
flowerbed trim and miscellaneous items within the right of way which may be damaged or
removed during construction. When possible, the Contractor shall salvage existing materials
for reuse in the replacement or repair of damaged or removed items. Items which are to be
repaired or reconstructed should look architecturally the same in material and appearance
and should be reconstructed or repaired in a better or new condition.
All applicable provisions of City of Fort Worth Construction Standards shall apply.
62. PAY ITEM — BORROW:
The non -expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a
plasticity index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a
minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other
deleterious materials. When compacted to the recommended moisture and density, the
material should have a maximum free swell value of 0.5 percent and a maximum hydraulic
conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded
specimens of the actual materials proposed for the non -expansive earth fill.
63. PAY ITEM — CEMENT STABILZATION:
All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply.
64. PAY ITEM — CEMENT:
All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply.
65. PAY ITEM — NEW 7" CONCRETE VALLEY GUTTER:
This item shall include the construction of concrete valley gutters at various locations to be
determined in field.
Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary
excavation to install the concrete valley gutters all shall be subsidiary to this pay item.
Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed
by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter
details shall be subsidiary to this Pay Item.
05/01 /08 SP-29
See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot -Mix Asphaltic
Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street
Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter
will be by the square yard of concrete pavement and the curb and gutter section will be
included.
Contractor may substitute 5" non -reinforced (2:27) Concrete Base in lieu of Crushed Stone
at no additional cost. See Item 314" Concrete Pavement".
The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds
per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other
half shall be open to traffic. Work shall be completed on each half within seven (7) calendar
days.
66. PAY ITEM — STORM DRAIN INLETS:
• An alternative method of construction for these items will be "Pre -Cast" manholes and inlets.
If the Contractor desires to use this method, he must submit details for the construction to
the Transportation and Public Works Department fore review and approval if said details are
acceptable. The Pre -Cast construction must be equal or superior to the strength
requirements for this item as set out in Item 444, "Manholes and Inlets" and said construction
shall be in compliance with all other requirements of Item 444 where applicable.
67. PAY ITEM — TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN:
Work under this item includes all the proposed excavation and backfill in the project area
and the necessary fill area. Payment will be made for the quantity of earth
excavated/backfilled. The placing of fill shall be subsidiary to the trench excavation/backfill
price. Excess material which is obtained from excavating the trench shall be used for fill
placement subject to the provisions of Item 114 of the City of Fort Worth Standard
Specifications.
' All excavated material which is unacceptable as fill material shall become the property of the
Contractor to be hauled off the site and disposed of properly. Unacceptable material shall
be, 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.
68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED
AREAS EQUAL TO OR GREATER THAN 1 ACRE):
PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a
Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is
' required for all construction activities that result in the disturbance of one to five acres (Small
Construction Activity) or five or more acres of total land (Large Construction Activity). The
Contractor is defined as an 'operator" by state regulations and is required to obtain a permit.
Information concerning the permit can be obtained through the Internet at
http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.htmi. 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
05/01/08 SP-30
Construction Activities (BMP Manual). This manual can be obtained through the Internet at
www.dfwstormwater.com/runoff.htmi. Not all of the structural controls discussed in the BMP
Manual will necessarily apply to this project. Best Management Practices are construction
management techniques that, if properly utilized, can minimize the need for physical controls
and possible reduce costs. The methods of control shall result in minimum sediment
retention of not less than 70%.
NOTICE OF INTENT (NOI): 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 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.
w The NOI shall be mailed to:
Texas Gommission 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
5000 MLK Freeway
Fort Worth, TX 76119
NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity,
the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form
prepared by the engineer. It serves as a notice that the site is no longer subject to the
requirement of the permit.
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.
LARGE CONSTRUCTION ACTIVITY — DISTURBED AREA EQUAL TO OR GREATER
THAN 5 ACRES: A Notice of Intent (NOI) form shall be completed and submitted to the
TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ
05/01 /08 SP-31
requirements prepared by the Engineer shall be prepared and implemented at least 48 hours
before the commencement of construction activities. The SWPPP shall be incorporated into
in the contract documents. The Contractor shall submit a schedule for implementation of the
SWPPP. Deviations from the plan must be submitted to the engineer for approval. The
SWPPP is not warranted to meet all the conditions of the permit since the actual
construction activities may vary from those anticipated during the preparation of the SWPPP.
Modifications may be required to fully conform to the requirements of the Permit. The
Contractor must keep a copy of the most current SWPPP at the construction site. Any
alterations to the SWPPP proposed by the Contractor must be prepared and submitted by
the Contractor to the engineer for review and approval. A Notice of Termination (NOT) form
shall be submitted within 30 days after final stabilization has been achieved on all portions of
the site that is the responsibility of the permittee, or, when another permitted operator
assumes control over all areas of the site that have not been finally stabilized.
SMALL CONSTRUCTION ACTIVITY - DISTURBED AREA EQUAL TO OR GREATER
THAN ONE ACRE BUT LESS THAN FIVE ACRES: Submission of a NOI form is not
required. However, a TCEQ Site Notice form must be completed and 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.
FOR DISTURBED AREAS LESS THAN 1 ACRE, SPECIAL PROVISION 23 - 40 SHALL BE
APPLICABLE.
69. PRE BID ITEM - PROJECT DESIGNATION SIGN:
The Contractor shall construct and install two (2) Project Designation Signs and it will be the
responsibility of the Contractor to maintain the signs in a presentable condition at all times on
each project under construction. Maintenance will include painting and repairs as directed
by the Engineer.
It will be the responsibility of the Contractor to have the individual project signs lettered and
painted in accordance with the enclosed detail. The quality of the paint, painting and
lettering on the signs shall be approved by the Engineer. The height and arrangement of the
lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4"
fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as
05/01 /08 SP-32
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.
70. PRE BID ITEM - UTILITY ADJUSTMENT:
This item is included for the basic purpose of establishing a contract price which will be
comparable to the final cost of making necessary adjustments required due to street
improvements to water, sanitary sewer and natural gas service lines and appurtenances
where such service lines and appurtenances are the property owner's responsibility to
maintain. An arbitrary figure has been placed in the Proposal; however, this does not
guarantee any payment for utility adjustments, neither does it confine utility adjustments to
the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the
services of a licensed plumber to make the utility adjustments determined necessary by the
Engineer. No payment will be made for utility adjustments except those adjustments
determined necessary by the Engineer. Should the Contractor damage service lines due to
his negligence, where such lines would not have required adjustment or repair otherwise, the
lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The
payment to the Contractor for utility adjustments shall be the actual cost of the adjustments
plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in
handling the utility adjustments.
71. PRE BID ITEM - TOP SOIL:
The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth
(compacted) over the parkway area and do not include deeper than design depth behind the
curb. The pay item is intended to pay for topsoil that must be imported where suitable
material is either not available on the job or cannot reasonably be stored on -site. Payment
will be made on the basis of loose truck volume (full truck with sideboards up) tickets and
material must meet City of Fort Worth standards for topsoil. Only the volume imported will be
paid for and may be substantially less than the proposal quantities listed.
72. PRE BID ITEM - ADJUST WATER VALVE BOX:
Contractor will be responsible for adjusting water valve boxes to match new pavement grade.
The water valves themselves will be adjusted by City of Fort Worth Water Department
forces.
The unit price bid will be full payment for materials including all labor, equipment, tools and
incidentals necessary to complete the work.
73. PRE BID ITEM - MANHOLE ADJUSTMENT:
This item shall include adjusting the tops of existing and/or proposed manholes to match
proposed grade as shown on the plans or as directed by the Engineer. Standard
Specification Item No. 450 shall apply except as follows:
05/01 /08 SP-33
Included as part of this pay item shall be the application of a cold -applied preformed
flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints
on concrete manhole sections as per current City Water Department Special Conditions.
74. PRE BID ITEM - ADJUST WATER METER BOX:
This item shall include raising or lowering an existing meter box to the parkway grade
specified. No payment will be made for existing boxes, which are within 0.1' of specified
parkway grade.
The unit price bid will be full payment for materials including all labor, equipment, tools and
incidentals necessary to complete the work.
75. NON -PAY ITEM - CLEARING AND GRUBBING:
All objectionable items within the limits of this project and not otherwise provided, for shall be
removed under this item in accordance with Standard Specification Item 102, "Clearing and
Grubbing." However, no direct payment will be made for this item and it shall be considered
incidental to this contract.
76. NON -PAY ITEM - SPRINKLING FOR DUST CONTROL:
All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control"
shall apply. However, no direct payment will be made for this item and it shall be considered
incidental to this contract.
77. NON -PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL:
All property along and adjacent to the Contractor's operations including lawns, yards, shrubs,
trees, etc. shall be preserved or restored after completion of the work to a condition equal or
better than existed prior to start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any work
(trimming, removal or root pruning) can be done on trees or shrubs growing on public
property including street rights -of -way and designated alleys. This permit can be obtained
by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning
standards for Class II Pruning as described by the National Arborist Association. A copy of
■ these standards can be provided by calling the above number. Any damage to public trees
due to negligence by the Contractor shall be assessed using the current formula for Shade
Tree Evaluation as defined by the International Society of Arboriculture. Payment for
negligent damage to public trees shall be made to the City of Fort Worth and may be
withheld from funds due to the Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
78. NON -PAY ITEM - CONCRETE COLORED SURFACE:
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
05/01 /08 SP-34
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
y considered an integral part of the contracted work and as such shall be considered
subsidiary to the appropriate bid items. Clean up work shall be done as directed by the
Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is
necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be
limited to:
• Sweeping the street clean of dirt or debris
• Storing excess material in appropriate and organized manner
• Keeping trash of any kind off of residents' property
If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the
next estimate payment (and all subsequent payments until completed) of the appropriate bid
item(s) will be reduced by 25%.
Final cleanup work shall be done for this project as soon as the paving and curb and gutter
has been constructed. No more than seven days shall elapse after completion of
construction before the roadway and right-of-way is cleaned up to the satisfaction of the
Engineer.
80. NON -PAY ITEM - PROJECT SCHEDULE:
Contractor shall be responsible for producing a project schedule at the pre -construction
conference. This schedule shall detail all phases of construction, including project clean up,
and allow the Contractor to complete the work in the allotted time. Contractor will not move
on to the jobsite nor will work begin until said schedule has been received and approval
secured from the Construction Engineer. However, contract time will start even if the project
schedule has not been turned in. Project schedule will be updated and resubmitted at the
end of every estimating period. All costs involved with producing and maintaining the project
schedule shall be considered subsidiary to this contract.
81. NON -PAY ITEM - NOTIFICATION OF RESIDENTS:
In order to cut down on the number of complaints from residents due to the dust generated
when saw -cutting joints in concrete pavement, the Contractor shall notify residents, in
writing, at least 48 hours in advance of saw -cutting joints during the construction of paving
projects.
All costs involved with providing such written notice shall be considered subsidiary to this
contract.
82. NON -PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION:
Prior to beginning construction on any block in the project, the Contractor shall, on a block
by block basis, prepare and deliver a notice or flyer of the pending construction to the front
05/01/08 SP-35
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.
90. NON PAY ITEM - TEMPORARY EROSION SEDIMENT AND WATER POLLUTION
CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE):
A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water
pollution control measures deemed necessary by the Engineer for the duration of the
contract. These control measures shall at no time be used as a substitute for the permanent
control measure unless otherwise directed by the engineer and they shall not include
measures taken by the CONTRACTOR to control conditions created by his construction
operations. The temporary measures shall include dikes, dames, berms, sediment basins,
fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble
liners, baled -hay retards, dikes, slope drains and other devices.
B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define
erodible earth and the authority to limit the surface are of erodible -earth material exposed by
preparing right-of-way, clearing and grubbing, the surface area of erodible -earth material
exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary
pollution -control measures to prevent contamination of adjacent streams, other water course,
lakes, ponds or other areas of water impoundment. Such work may involve the construction
of temporary berms,. dikes, dams, sediment basins, slope drains and use of temporary
mulches, mats, seeding or other control devices or methods directed by the Engineer as
necessary to control soil erosion. Temporary pollution -control measures shall be used to
prevent or correct erosion that may develop during construction prior to installation of
permanent pollution control features, but are not associated with permanent control features
on the project. The Engineer will limit the area of preparing right-of-way, clearing and
grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and
progress in keeping the finish grading, mulching, seeding, and other such permanent
pollution -control measures current in accordance with the accepted schedule. Should
seasonal conditions make such limitations unrealistic, temporary soil -erosion -control
measures shall be performed as directed by the Engineer.
1. Waste or disposal areas and construction roads shall be located and
constructed in a manner that will minimize the amount of sediment
entering streams.
2. Frequent fordings of live streams will not be permitted; therefore,
temporary bridges or other structures shall be used wherever an
appreciable number of stream crossing are necessary. Unless otherwise
approved in writing by the Engineer, mechanized equipment shall not be
operated in live streams.
05/01 /08 S P-38
3. When work areas or material sources are located in or adjacent to live
streams, such areas shall be separated from the stream by a dike or other
barrier to keep sediment from entering a flowing stream. Care shall be
taken during the construction and removal of such barriers to minimize the
muddying of a stream.
4. All waterways shall be cleared as soon as practicable of false work, piling,
debris or other obstructions placed during construction operations that are
not part of the finished work.
5. The Contractor shall take sufficient precautions to prevent pollution of
streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride
or other harmful materials. He shall conduct and schedule his operations
so as to avoid or minimize siltation of streams, lakes and reservoirs and to
avoid interference with movement of migratory fish.
E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall
submit for approval his schedules for accomplishment of soil -erosion -control work and his
plan to keep the area of erodible -earth material to a minimum. He shall also submit for
acceptance his proposed method of soil -erosion control on construction and haul roads and
material sources and his plan for disposal of waste materials. No work shall be started until
the soil -erosion control schedules and methods of operations have been reviewed and
approved by the Engineer.
F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to
provide temporary erosion control shall be considered subsidiary to the contract and no extra
pay will be given for this work.
91. GREEN CEMENT, POLICY: As per:`I=ort w
City Manager is :authorized to specify, the purchase.
of Fort""Worth bid projects, ',with anal#ernative ,-b
unspecified source Ori,&preferential purchasingjoi
not exceeding 1,7 pounds of "NOx, per�ton of clir
meeting the above -requirements is, not available;,
source -must be utilized ;° the: Contractor shall;furrti:
form of letters: from two- North Texas'cement Wooll
of green„cement is available.for;the contraotor,at tN
valid; for a maximum of -one _woek�,� after, which new
Inspector:`if"green cement continues ;to remain'un;
with the 'Green°" Cement,Policy` shall ire considerec
items.
_:City Council "Resolution 3535` the
y kiln cement as thetasetid in Clty
bfiids�,rom acementknwith "emissions
Ar:Yproduced' In cases- where "'cement
rid. where:`cement'from;°`a non=compliant
i,good faith effort documentation n:,:,the
rsgof `green" cement stating that, no• stock
I:tiiiio§ These.letters:shail be considered
'etters must be submitted to1he Project
raila1616. 411 related ,costs for complying
subsidiary<to .thesapplicablexproject` pay
The contractor°shall 'submit, the Green'Cement'Policy Compliance :Statementhor';;the good
faith effort'. documentation at the time thek of_ bid . opening of,::the :project . A copy, of the
Compliance :Statement ,is attached, at,the;;end;.of:'this section:. Failure.to;compiy,with the
Green Cement Policy may 'result in :rejection of the%bid °as' non -responsive:
05/01 /08 SP-39
92., PAY ITEM TRAFFIC=CONTROL r;ThwContractor will be required to obta n`'a
`'Street Use.,Permit.' prior o'starting work Unless otherwise 1nctuded as a,partof'the
Construction documents; the Contractor shall submit a traffic control plan (duly sealed,
signed and dated by a Registered Professional Engineerin the state of, Texas); to the City
Traffic Engineer .[Tel. (817)392-8770] at or before the preconstruction conferenc®;;Although
work will _not begin until the traffic control plan has' been reviewed and,°.approved h.e
Contractor's time will begin in accordance with the>timeframe: mutually estabtished in. the
'Notice. to Proceed' issued to the Contractor The traffic control, plan shall be consistent with
the provisions set forth. n the "4atest Edition Texas:Manual on Uniform Traffic Control
Devices for Streets and,.Highways",Issued`under:the authority of the'"State ofTexas,Uniform
Act Regulating Traffic on` Highways,"=codified;a5`AMcle 6701dYernon's Civil 'Statutes,
pertinent sections being Section Nos ',27,, 29 30 and 31.
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."
{
•
05/01 /08 SP-40
s
(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
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 SUPERINTENDENT> AT <TELEPHONE NO.>
N'
Mr. <CITY INSPECTOR> AT <TELEPHONE NO.>
• AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970
05/01 /08
0
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL.
SP-41
so
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/8/2008
DATE: Tuesday, July 08, 2008
LOG NAME: 30WAGE RATES
REFERENCE NO.: **G-16190
SUBJECT:
Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects
RECOMMENDATION:
It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded
public works projects.
DISCUSSION:
Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works
shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to
execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in
that locality.
Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of
Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage
rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from
that survey.
FISCAL INFORMATION&ERTIFICATIOOI :
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by—'. Fernando Costa (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Eric Bundy (7598)
no
0
0
HEAVY & HIGHWAY CONSTRUCTION
PREVAILING WAGE RATES 2008
Air Tool Operator
$10.06
Asphalt Distributor Operator
$13.99
Asphalt Paving Machine Operator
$12,78
Asphalt Raker
$11.01
Asphalt Shoveler
$ 8.80
Batching Plant Weigher
$14.15
Broom or Sweeper Operator
$ 9.88
Bulldozer Operator
$13.22
Carpenter
$12.80
Concrete Finisher Paving
$12.85
Concrete Finisher, Structures
$13.27
Concrete Paving Curbing Machine Operator
$12.00
Concrete Paving Finishing Machine Operator
$13.63
Concrete Paving Joint Sealer Operator
$12.50
Concrete paving Saw Operator
$13.56
Concrete Paying Spreader Operator
$14.50
Concrete Rubber
$10.61
Crane, Clamshell, Backhoe Derrick, Dra line, Shovel Operator
$14.12
Electrician
$18.12
Fla er
$ 8.43
Form Builder/Setter, Structures
$11.63
Form Setter, Paving & Curb
$11.83
Foundation Drill Operator, Crawler Mounted
$13.67
Foundation Drill Operator, Truck Mounted
$16.30
Front End Loader Operator
$12.62
Laborer, Common
$ 9.18
Laborer, Utility
$10.65
Mechanic
$16.97
Milling Machine Operator, Fine Grade
$11.83
Mixer Operator
$11.58
Motor Grader Operator, Fine Grade
$15.20
Motor Grader Operator, Rough
$14.50
Oiler
$14.98
Painter, Structures
$13.17
Pavement Marking Machine Operator
$10.04
Pi ela er
$t 1.04
Reinforcing Steel Setter, Paving
$14.86
Reinforcing Steel Setter, Structure
$16.29
Roller Operator, Pneumatic, Self -Propelled
$11.07
Roller Operator, Steel Wheel Flat Wheel/TampingWheel/Tamping
$10.92
Roller Operator, Steel Wheel, Plant Mix Pavement
$11.28
Scraper Operator
$11.42
Servicer
$12.32
Slip Form Machine Operator
$12.33
Spreader Box Operator
$10.92
Tractor Operator, Crawler Type
$12.60
Tractor Operator, Pneumatic
$12.91
Traveling Mixer Operator
$12,03
Truck Driver Lowboy -Float
$14.93
Truck Driver Single Axle, Heavy
$11.47
Truck Driver, Single Axle, Light
$10.91
Truck Driver, Tandem Axle, Semi -Trailer
$11.75
Truck Driver, Transit -Mix
$12.08
Wagon Drill Boring Machine, Post Hole Driller Operator
$14.00
Welder
1 $13.57
Work Zone Barricade Servicer
1 $10.09
2008 PREVAILING WAGE RATES
CONSTRUCTION INDUSTRY
Classification
AC Mechanic
Classification
$21.69 Plumber
$70.43
AC Mechanic Helper
$i2.00
Plumber Helper
$14.90
Acoustical Ceiling Mechanic
$15.24
Reinforcing Steel Setter
$10,00
Bricklayer/ Stone Mason
$19.12
Roofer
$14.00
Bricklayer/Stone Mason Helper
$10.10
Roofer Helper
$10.00
Carpenter
$16.23
Sheet Metal Worker
$16.96
Carpenter Helper
$11.91
Sheet Metal Worker Helper
$12.31
Concrete Finisher
$13.49
Sprinkler System Installer
$18,00
Concrete Form Builder
$13.12
Sprinkler System Installer Helper
$9.00
Drywall Mechanic
$14.62
Steel Worker Structural
$17,43
Drywall Helper
$10.91
Concrete Pump
$20.50
Drywall Taper
$13,00
Crane, Clamsheel, Backhoe, Derrick, D'Line
Shovel
$17,76
Drywall Taper Helper
$9,00
Forklift
$12.63
Electrician (Journeyman)
$20.20
Front End Loader
$10,50
Electrician Helper
$14.43
Truck Driver
$14.91
Electronic Technician
$19.86
Welder
$16.06
Electronic Technician Helper
$12.00
Welder Helper
$9.75
Floor Layer Resilient
$20.00
Floor Layer Helper
$13.00
Glazier
$18.00
Glazier Helper
$13.00
Insulator
$14,78
Insulator Helper
$11.25
Laborer Common
$10,27
Laborer Skilled
$13.18
Lather
$16.10
Painter
$14.83
_
Painter Helper
$8.00
Pipefitter
$18.85
Pi efitter Helper
$12.83
Plasterer
$17.25
Plasterer Helper
$12.25
Compliance with and Enforcement of Prevailing Wage Laws
(a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all
requirements of Chapter 2258, Texas Government Code (Chapter 2258),
No including the payment of not less than the rates determined by the City Council of
the City of Fort Worth to be the prevailing wage rates in accordance with Chapter
2258. Such prevailing wage rates are included in these contract documents.
(b) Penalty for Violation. A contractor or any subcontractor who does not pay the
prevailing wage shall, upon demand made by the City, pay to the City $60 for
each worker employed for each calendar day or part of the day that the worker is
paid less than the. prevailing wage rates stipulated in these contract documents.
This penalty shall be retained by the City to offset its administrative costs,
pursuant to Texas Government Code 2258.023.
(c) Complaints of Violations and City Determination of Good Cause. On receipt of
information, including a complaint by a worker, concerning an alleged violation
of 2258.023, Texas Government Code, by a contractor or subcontractor, the City
shall make an initial determination, before the 31s` day after the date the City
receives the information, as to whether good cause exists to believe that the
violation occurred. The City shall notify in writing the contractor or
subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts
claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted from
successive progress payments pending a final determination of the violation.
(d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged
violation of Section 2258.023, Texas Government Code, including a penalty owed
to the City or an affected worker, shall be submitted to binding arbitration in
accordance with the Texas General Arbitration Act (Article 224 et seq., Revised
Statutes) if the contractor or subcontractor and any affected worker do not resolve
the issue by agreement before the 15th day after the date the City makes its initial
determination pursuant to paragraph (c) above. If the persons required to arbitrate
under this section do not agree on an arbitrator before the l Ith 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.
0
(e) Records to be Maintained. The contractor and each subcontractor shall, for a
_ period of three (3) years following the date of acceptance of the work, maintain
records that show (i) the name and occupation of each worker employed by the
contractor in the construction of the work provided for in this contract; and (ii) the
actual per diem wages paid to each worker. The records shall be open at all
reasonable hours for inspection by the City. The provisions of the Audit section
of these contract documents shall pertain to this inspection.
(f) Pay Estimates. With each partial payment estimate or payroll period, whichever
is less, the contractor shall submit an affidavit stating that the contractor has
complied with the requirements of Chapter 2258, Texas Government Code.
(g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a
conspicuous place at the site of the project at all times.
(h) Subcontractor Compliance. The contractor shall include in its subcontracts
and/or shall otherwise require all of its subcontractors to comply with paragraphs
(a) through (g) above.
No
10
go
PERFORMANCE BOND Bond No.: 767D45P
is THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
r COUNTY OF TARRANT
That we (1) Erosion & Retainine Wall Structures, Inc. as Principal herein, and (2)
r Developers Surety & Indemnity Company, a corporation organized under the laws of the State of (3) Iowa 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 muiucipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the stun of:
r Four Hundred Sixty-five Thousand Seven Hundred Ninety-six and no/100.........................................................
($465,796.00) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
r
WHEREAS, Principal has entered into a certain contract with the Obligee dated the 17th of
February , 2009 a copy of which is attached hereto and made a part hereof, for the construction of:
" Lower Krauss -Baker Channel Improvements
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
reirnburse 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
1W
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Govenunent
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such
statute, to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duty authorized representatives of the Principal and the Surety have
executed this instrument.
SIGNED and SEALED this 1 gt of February , 2009.
ATTEST: i
(Principal) Secretary
(SEAL)
Witne s to Pr' &ifal
Address
A TEST•
Surety) Secretary
(SEAL)
Witness as& Surety
1000 So. Mian Street, Suite 240, Grapevine, TX 76053
1W (Address)
PO Box 336
Le►visvile, TX 75067
(Address)
Developers Surety & Indemnity Company
Surety n
BY: S A
Steven J. zinccker (AttoID - =fact)(5)
P.O. Box 19725, Irvine, CA 92623
(Address)
NOTE: Date of Bond must not be
prior to date of Contract
(1) Correct Name of Contractor
(2) Correct name of Surety
(3) State of incorporation of Surety
Telephone number of surety must be stated.
In addition, an original copy of Power of
Attorney shall be attached to Bond by
Attorney -in -Fact.
The date of bond snail not be prior to date of
Contract.
PAYMENT BOND Bond No. 767045P
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, (1) Erosion & Retaining Wall Structures, Inc., as Principal herein, and (2) N"I'MS"&Ink-MY co-M
a corporation organized and existing under the laws of the State of (3) Iowa as
surety, are held and finely bound unto the City of Fort Worth, a municipal corporation located in Tarrant and
Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Sixty-five Thousand Seven Hundred
Ninety-six and no/100....................................... Dollars ($465,796.00) for the payment whereof, the said Principal
and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 17th day of
Febnuvy 2009, which contract is hereby referred to and made a part hereof as if fully and to the same
extent as if copied at length, for the following project:
Lower Krauss -Baker Channel Improvements
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
_ shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as
amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be
void; otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said
statute, to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument.
SIGNED and SEALED this 18th day of, February 2009.
Aw
MW
■
IN
VA
no
/ ATTEST:
(Primal) Secretary
(S E A L)
C•
i Hess as Principa
ATTEST:
$Act�t�rY
Witness as to rety
Erosio Retai
5YICctures, Inc.
PRINCIPAL
Address: PO Box 336
Lewisvile, TX 75067
Developers Surety & Indemnity Company
SURETY
By:
Name: Steven J. Zin &
Attorney in Fact
Address: P.O. Box 19725
Irvine, CA 92623
Telephone Number: (8t7)329-7007
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.
as
MAINTENANCE BOND Bond No. 767045P
THE STATE OF TEXAS
COUNTY OF TARRANT
That Erosion & Retaining Wall Structures, Inc. ("Contractor"), as principal, and
Developers Surety & Indemnity Company , a corporation organized under the laws of the State of Iowa ,
("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 Four Hundred Sixty-five Thousand Seven Hundred Ninety-six
andno/100................................................................................................................................ Dollars
($465,796.00), lawful money of the United States, for payment of which sum well and truly be made
unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs,
executors, administrators, assigns and successors, jointly and severally.
This obligation is conditioned, however, that:
�. WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort
Worth, dated the 17th of February , 2009, a copy of which is hereto attached and made a part
_ hereof, for the performance of the following described public improvements:
Lower Krauss -Baker Channel Improvements
the same being referred to herein and in said contract as the Work and being designated as project
number(s) P229-206280063383 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 de n origins , his 18th day of February , A. D.2009.
M
ATTEST:
(SEAL)
Secretary
Title: V (ce.
ATTEST: Developers Surety & Indemnity Company
tS E;*JJ - Surety
By:
S@CJBtar! Name. Steven J. Zinecker
-- - Title: Attorney -In -Fact
Address
P.O. Box 19725
Wine, CA 92623
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint;
***Charles K. Miller, Shannon Lewis, Steven J. Zinecker, jointly or severally***
as their true and lawful Allomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)•in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection !herewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlorney(s)-In-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and Ihal each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
. RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it Is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008.
By: ,� ,,�;�y nrin ,,yo.,,, oMPANY
Stephen T. Pate, Senior Vice Presiden 'y-S 4opP0R'4 ��,':, �G o jkPOgq 9
'¢ OCT, E z = OCT. 5
1^
sir+! 0
By:1 9 3 � 5 0, ? o 0 1967 2
Charles L. Day, Assistant Secretary 6 : L$ = O P \
g41FOP�a�
State of California
County of Orange
On January 1st, 2008 before me, Christopher J. Roach, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L. Day
Name(s) of Signer(s)
who proved to me on the basis of safisfadw evidence to be the person(s) whose names) Ware subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in hisiherRheir authorized
capacity(les), and that by hislhedlheir signature(s) on the instrument the person(s), or the entity upon behalf of
CHRISTOPHER J. RQACH which the persons) acted, executed the instrument.
a GOMM. # 1745939 �
@My
NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY ry true and correct.
Fcomm, expires May 19, z
1
WITNESS my hand and of 'al seal.
Place Notary Seal Above Signature
Ch J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Allomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed In the City of Irvine, California, the 18th day of February , 2009 .
By.
Albert Hillebrand, Assistant eaetary _
ID- 1380Met)(Rev,07i07)
J
IMPORTANT NOTICE
To obtain information or make a complaint:
AVISO IMPORTANCE
Para obtener informacion o para someter una queja:
You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de
for information or to make a complaint at: para informacion o para someter una queja al:
1-800-782-1546
You may also write to the Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
You may contact the Texas Department of
Insurance to obtain information on companies,
coverage, rights or complaints at:
1-800-252-3439
1-800-782-1546
Usted tanbien puede escribir a Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
Puede comunicarse con el Departamento de Seguros
de Texas para obtener information acerca de com-
panias, coberturas, derechos o quejas al:
1-800-252-3439
You may write the Texas Department of Insurance at:
Puede escribir al Departmento de Seguros de Texas
P.O. Box 149104
P.O. Box 149104
Austin, TX 78714-9104
Austin, TX 78714.9104
Fax# 512-475-1771
Fax# 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you
DISPUTAS SOBRE PRIMAS O RECLAMOS:
have a dispute concerning your premium or about a
Si tiene una disputa concerniente a su prima o a un
+ claim you should contact the Surety first. If the
reclamo, debe comunicarse con el Surety primero. Si
dispute is not resolved, you may contact the Texas
no se resuelve la disputa, puede entonces comuni-
Department of Insurance.
carrse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY:
UNA ESTE AVISO A SU POLIZA: Este aviso es solo
This notice is for information only and does not
para proposito de informacion y no se convierte en
become a part or condition of the attached document.
parte o condition del documento adjunto.
4[�
IMCQjICO
qJD
Insco Insurance Services, Inc.
Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
.. 17780 Fitch, Suite 200
Irvine, CA 92614
1-800-782-1546
www.InscoDico.com
ID-1404 (TX) (4/01)
W.
THE STATE OF TEXAS
CITY OF FORT WORTH, TEXAS
CONTRACT
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the day of F�7- ^ 7 ?n0l A.D., 2009 by and
between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and
existing under and by virtue of a special charter adopted by the qualified voters within said City on the
I Vh day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule"
provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular
.. meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner,
Erosion & Retainine Wall St. uctures, 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:
Lower Krauss -Baker Chaanel Improvements
2.
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the Department of
Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by
the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are
hereto attached and made a part of this contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Engineering of the City
of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
.. commencement thereof and to fully complete and finish the same ready for the inspection and approval of
the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 40 working days.
Now
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, phis any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of $210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety
shall be liable to the Owner for such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
carry on and complete the same according to the true meaning of the intent and terms of said Plans,
Specifications and Contract Documents, then the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with the Contract Documents or to take charge of
and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost
.. to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof; said excess cost-
6
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
against any and all claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor,
its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,
damage or death is caused in whole or in part, by the neg&gene or alleged negligence of
Owner, ift affl-ers, semi-emb, or employee& 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 Hart by the negligence or alleged neg&gene 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 C atract, and before beginning work, to make,
.. execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
.. Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract
Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a
.. surety company duly and legally authorized to do business in the State of Texas, and acceptable to the
City Council of the City of Fort Worth.
8.
Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the
aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal
submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
monthly installments upon act" work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount (includinglexcluding) alternates
shall be Four Hundred Sixty-five Thousand Seven Hundred Ninety-six and
no/100......................... »».»»»»»»--- ».»»»....». »..»».......»»»»».»»»....».».Dollars, (S465 %.00).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto
and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreements made and entered 'into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the Contractor
agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in 8 counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the day of FEB 17 2009 , A.D., 2009.
.w
APPROVAL RECOMMENDED:
WILLIAM A. VE ST, P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS
ATTEST:
Erosion & Retaining Wall Structures, Inc.
PO Box 336
no Lewisvile, TX 75067
CONTRACTOR
TITLE
Lewsutp�
ADDRESS
we
November 1960
.. Revised May 1986
Revised September 1992
CITY OF FORT WORTH
FERNANDO COSTA, ASST C= MANAGER
n^
CITY SECRETARY
(SEAL)
,I SME
Contract Authorization
Date
APPROVED AS TO FORM AND
LEGALITY:
OFFICIAL o(ECORD
CITY SECRETARY
FT. WORTH, TIC
City of Fort Worth, Texas
Mayor and Council Communication
CQUNCILACTIOWApproved on 2117/2069
DATE: Tuesday, February 17, 2009 REFERENCE NO.: C-23354
LOG NAME: 20LOWERKRAUSS
SUBJECT:
Authorize a Contract with Erosion and Retaining Wall Structures, Inc., in the Amount of $465,796.00 for the
Lower Krauss -Baker Channel Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City ""onager to execute a contract in the amount of
$465,796.00 with Erosion and Retaining Wall Structures, Inc., for construction of the Lower Krauss -Baker
channel improvements.
DISCUSSION:
The Storm Water Management Program was established to reduce flooding in the City of Fort Worth,
preserve streams, minimize water pollution, and to operate the storm water system in a more effective
manner to fully comply with State and Federal regulatory requirements. This will be accomplished by
infrastructure reconstruction and system maintenance, master planning, enhanced development review
and increased public education and outreach.
On October 16, 2007, the City Council approved the issuance and sale of bonds which will be used to
fund capital improvements in the storm water utility system scheduled over the next two years.
On August 21, 2007, (M&C C-22322) the City Council authorized the City Manager to execute an
Engineering Agreement (Agreement) with DeOtte, Inc., for the design of the Lower Krauss -Baker channel
improvements. This design resulted in the recommendation for the construction of the following drainage
improvements: grading and drainage improvements consisting of unclassified excavation, gabion
mattress, maintenance access ramps, concrete rip -rap and retaining wall construction.
The project was advertised for bid on October 16 and October 23, 2008, in the Fort Worth Star -
Telegram. On November 6, 2008, the following bids were received:
Bidders Amount Time Of Completion
Erosion and Retaining Wall Structures, Inc. $465,796.00 48 Working Days
Ark Contracting Services, LLC $550,860.00
Craig Olden, Inc. $648,500.00
Based on price, experience, and reputation Erosion and Retaining Wall Structures, Inc., was determined
to offer the best value.
Costs for the implementation of this project will be funded by the Storm Water Capital Projects 2007
Revenue Bond Fund.
Funding in the amount of $37,400.00 is included for associated storm drain survey, project management,
Logname: 20LOWERKRAUSS Page 1 of 2
pre -construction, materials testing, inspection and project closeout. The contingency fund for possible
change orders for storm drain construction and paving is $23,290.00.
Erosion and Retaining Wall Structures, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 25 percent M/WBE participation. The City's goal on this project is 22 percent.
This project is located in COUNCIL DISTRICT 6, Mapsco 90W.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
P229 541200 206280063383
Fernando Costa (8476)
William A. Verkest (7801)
Michael Owen (8079)
$465,796.00
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