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Home My WebLink AboutContract 3836511Mr0/r10� CONTRACTOR SPECIFICATIONS AND-r-ONTRACT DOCUMENTS _ cowRACTOneowwi BRIDGE REPAIR AT VARIOUS LOCATIOIy,—MMINNoav (2009-15) WIN -FUco" PROJECT NO. C293-541200-208260120883 IN THE CITY OF FORT WORTH, TEXAS NOVEMBER 2008 CITY'-r-'FTAF. r NCB . JO MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER GREG SIMMONS, P.E. ACTING DIRECTOR TRANSPORTATION [OFFICIAL RECORL AND PUBLIC WORKS DEPARTMENT CITYSECRETARY I FT. NORTH, TX GEORGE BEHMANESH, PE ASSISTANT DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Prepared by: Transportation and Public Works Department Infrastructure Group r 03-24-09 P01 :25 IN L) ORIGINAL WN no M&C Review Page 1 of 2 go Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FoRWoRm COUNCIL ACTION: Approved on 3/3/2009 DATE: 3/3/2009 REFERENCE NO.: C-23378 LOG NAME: 20BRDG REP09- 15 CODE: C TYPE: NON -CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Contract with Gibson and Associates, Inc., in the Amount of $525,847.80 for Bridge Repair at Seven Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Gibson and Associates, Inc., in the amount of $525,847.80 for 70 working days for bridge repair at seven locations (2009-15). DISCUSSION: In the Fiscal Year 2008-2009 Contract Major Maintenance Program various types of street maintenance techniques are grouped into specific contract packages. This project consists of a variety of repairs to the bridges listed below including repairs to the bridge decks, damaged rails, sealing the decks using a special epoxy broadcast overlay and cleaning/sealing the deck joints. The following bridges are included in the project: Bridge Bryant Irvin Road (North Bound) Carswell Access Road South Main Street East Northside Drive Overton Park Road (East) Overton Park Road (West) White Settlement Road (East and West Bound) Over Clear Fork Trinity River West Fork Trinity River Burlington Northern Santa Fe Railroad West Fork Trinity River Tributary of Trinity River Tributary of Trinity River West Fork Trinity River The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. The project was advertised on November 6, 2008, and November 13, 2008, in the Fort Worth Star - Telegram. On December 4, 2008, the following bids were received: BIDDERS AMOUNT Gibson and Associates, Inc. $525,847.80 Vendigm, LLC $572,795.00 CSR Construction Company Inc. $588,150.70 Brazos Restoration and Waterproofing, Inc. $673,163.20 Gibson and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to eight percent M/WBE participation and documenting good faith effort. Gibson and Associates, Inc., http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 0913&counci Idate=3/3/2009 3/12/2009 M&C Review Page 2 of 2 MW identified several subcontracting and supplier opportunities; however, the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 13 percent. 8.0 These projects are located in COUNCIL DISTRICTS 2, 3, 7 and 8. FISCAL INFORMATION/CERTIFICATION: i The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters C293 541200 208260120883 $525,847.80 0 IN W as r Submitted for Citt-Managees Office by. Ori inating Department Head: Additional Information Contact: ATTACHMENTS Map 2009-15 Bryant Irvin.pdf Map 2009-15 Carswell Access.pdf Map 2009-15 E Northside.pdf Map.2009-15 Overton Park E._pdf Map 2009-15 Overton Park W.pdf Map 2009-15 S Main.pdf Map 2009-15 White Settlement.pdf Fernando Costa (6122) William Verkest (8255) George Behmanesh (7914) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=10913&counci ldate=3 /3/2009 Wd r CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) PROJECT: C293-541200-208260120883 Addendum No. 1, Issued: November 19, 2008 Prospective Bidders are hereby notified of the following revisions: 1. Special Provisions - PAY ITEM 6 on Page SP-25. Revise subparagraph "c." as follows: "c. EQUIPMENT: Use shot blasters (steel, sand or grit) or other surface preparation method capable of removing deteriorated concrete, laitance, grease, dirt, oil and other contaminants that inhibit bond of the overlay. Do not use scarifiers, scabblers, or milling machines for surface preparation. An automated epoxy distribution system, an aggregate spreader, a broom, and a self-propelled sweeper broom or vacuum truck are preferred in all applications. The distribution system or distributor must accurately blend the epoxy components and uniformly and accurately apply the epoxy materials at the specified rate to the bridge deck to cover 100% of the work area. Equipment should provide compressed air that is free of oil and water. Hand applications are allowed but the Contractor must submit the methods of application attested by the manufacturer to the Engineer." 2. Special Provisions - PAY ITEM 6 on Page SP-27. Remove following subparagraph: "(3) Application of Overlay: An overlay manufacturer's representative must be present at all times during the work through final completion of the work. The manufacturer's representative should make recommendations to the Engineer on the acceptability of every phase of the operation, including but not limited to equipment, surface preparation of the deck, mixing of the overlay components, type of application, method of application, and finish." And replace with the following: "(3) Application of Overlay: An overlay manufacturer's representative must be present during the work until the Contractor has proven its means and methods. The manufacturer's representative will then submit a letter to the Engineer attesting to the quality of the Contractor's procedure of work". Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Failure to return a signed copy of this addendum shall be grounds of rendering the bid non -responsive. • RECEIPT ACKNOWLEDGES: Najib Fares, P.E., Infrastructure Manager • By: (,✓�� By:ov Title: �i� S ,'c%L,,, �' Tariqul Islam, Project Manager SPECIFICATIONS AND CONTRACT DOCUMENTS BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) PROJECT NO. C293-541200-208260120883 IN THE CITY OF FORT WORTH, TEXAS MIKE MONCRIEF MAYOR NOVEMBER 2008 DALE A. FISSELER, P.E. CITY MANAGER GREG SIMMONS, P.E. ACTING DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GEORGE BEHMANESH, PE ASSISTANT DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Prepared by: Transportation and Public Works Department Infrastructure Group SPECIFICATIONS AND CONTRACT DOCUMENTS BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) PROJECT NO. C293-541200-208260120883 IN THE CITY OF FORT WORTH, TEXAS 2008 �Ij3lag GEORGE ANESH, P.E. DATE ASSISTANT DIRECTOR, DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS TABLE OF CONTENTS INDEX: 1. Notice to Bidders 2. Special Instructions to Bidders 3. Scope of Work 4. Prevailing Wage Rates 5. Proposal 6. Vendor Compliance to State Law 7. Minority and Women Business Enterprises Specifications 8. Special Provisions 9. Contractor Compliance With Workers' Compensations Law 10. Certificate of Insurance 11. Experience Record and Equipment Schedule 12. Performance Bond 13. Payment Bond 14. Maintenance Bond 15. Contract APPENDICES: Appendix A: Summary of Quantities Appendix B: Project Location Maps Appendix C: Project Designation Sign Detail Appendix D: Conflict of Interest Questionnaire NOTICE TO BIDDERS Sealed proposals for the following: BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) PROJECT NO. C293-541200-208260120883 Submit package to City of Fort Worth, Purchasing Division, 1000 Throckmorton St., Fort Worth, Texas 76102-6311 until 1:30 P.M., December 4, 2008 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be purchased for thirty dollars ($30.00) per set at the Office of the Transportation and Public Works, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre -bid conference will be held at 9:00 A.M., November 20, 2008 in Conference Room 293, 2nd floor, Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Department of Transportation and Public Works (TPW) at (817) 392-2486. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non -responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time -line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by TPW 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 TPW to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. For additional information, contact Tariqul Islam at (817) 392-2486. DALE A. FISSELER, P.E. CITY MANAGER Advertising Dates: NOVEMBER 6, 2008 NOVEMBER 13, 2008 MARTY A. HENDREX CITY SECRETARY NAJIB N. FARES, PE Infrastructure Manager Depart ent of rans rtation Public Works �^J VV 1-1 W SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from .. the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of .. Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. .. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be .. tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may Tim enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of MW work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract MW Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392- 2486. Bids that do not acknowledge all applicable addenda will be rejected as non - ow responsive. MW SPECIAL INSTRUCTIONS TO BIDDERS ,F -1- 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest _ responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME 4W CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the .. Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. •.• B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of �* the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. .. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall t be provided to the City upon request. The City, in its sole discretion, will determine the �+ adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to } the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO T3IDDERS P-6. -2- No 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General VW Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Verrions Annotated Civil Statutes" of the State of Texas with respect to the payment of •. prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. *W 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Transportation and Public Works for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be Tw prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. " 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non - owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. No ADDITIONAL INSURANCE REQUIREMENTS: "W A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS -3- .. .. 1W .. aw UW D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such ow insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. aw K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. " "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS ow -4 low "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. go This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort .. Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the .. Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. in. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works •• Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non -responsive. Im Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre -construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties ' A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: ow • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or * SPECIAL INSTRUCTIONS TO BIDDERS ,�, -5- not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a ,r particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. .. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: law 1. Copies of submitted invoices with front and back copies of canceled check(s), OR wo 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work 'W b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. i If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre -approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. .. All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. .. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be SPECIAL INSTRUCTIONS TO BIDDERS +r -6- grounds for termination of the contract and/or initiating action under appropriate federal, ., state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from .. participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the .. proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 00 14. PROGRESS PAYMENTS FINAL PAYMENT. PROJECT ACCEPTANCE AND WARRANTY: .. a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. .. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. i 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 pregrpayment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the .. parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the VW following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until SPECIAL INSTRUCTIONS TO BIDDERS -7- No 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. IMW 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: aw A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a .w certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees "w 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. VM Persons providing services on the project ("subcontractor" in, 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This I` includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or IM employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. low "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. _ B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees or 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 MW to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends IM during the duration of the project, the contractor must, prior to the end of the SPECIAL INSTRUCTIONS TO BIDDERS .MP -8- 0 coverage period, file a new certificate of coverage with the governmental entity ow showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and no provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and .• (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of .. any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to "' provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll "" amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and I�- NOLM SPECIAL INSTRUCTIONS TO BIDDERS -9- TAW (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; aw (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. ,. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required .r by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. •� J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' aw compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- - insured, with the commission's Division of Self -Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. :. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." SPECIAL INSTRUCTIONS TO BIDDERS -10- .. "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, aw members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate •• against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. low Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified 4W maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. ow END OF SECTION .f %V s SPECIAL INSTRUCTIONS TO BIDDERS -li- SCOPE OF WORK The primary objective of this project is to rehabilitate and seal the concrete deck and to provide a protective surface topping using multi -layer epoxy concrete overlay of multiple bridge locations included in this project, Related works include in this project are repairing, cleaning and sealing existing deck joints and repair of damaged metal railing. For estimate of quantities and locations for each bridge see Appendix A &B. 1. Bryant Irvin Rd. NB over Clear Fork Trinity River This is a 54' wide (including sidewalks) and 508' long pre -stressed concrete girder bridge built in 1969. There are 2 lanes of single direction traffic on this bridge. The concrete deck of this bridge needs shallow and medium depth repair. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant; the troughs of open joints (if any) need cleaning. 2. Carswell Access Rd. over West Fork Trinity River This is a 40' wide (including sidewalks) and 281' long steel I-beam bridge built in 1954. This bridge has single lane in each direction of traffic. The concrete deck of this bridge needs shallow and medium depth repair. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant. The damaged metal railing has to be repaired or replaced. 3. S. Main Street over BNSF Railroad This is a 54' wide (including sidewalks) and 892' long steel I-beam bridge built in 1937. This is a load restricted bridge and has 2 lanes in each direction of traffic. The concrete deck of this bridge needs shallow and medium depth repair. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant; the troughs of open joints (if any) need cleaning. The damaged metal railing has to be repaired or replaced. 4. E. Northside Dr. over West Fork Trinity River This is a 61' wide (including sidewalks) and 508' long steel I-beam bridge built in 1952. This bridge has 2 lanes in each direction of traffic. The concrete deck of this bridge needs shallow and medium depth repair. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant. The damaged metal railing has to be repaired or replaced. 5. Overton Park Rd. East over Tributary of Trinity River This is a 41' wide (including sidewalks) and 80' long concrete flat slab bridge built in 1960. This bridge has single lane in each direction of traffic. 3-1 The concrete deck of this bridge needs shallow and medium depth repair. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant. The damaged metal railing has to be repaired or replaced. 6. Overton Park Rd. Westover Tributary of Trinity River This is a 39' wide (including sidewalks) and 131' long steel I-beam bridge built in 1968. This bridge has single lane in each direction of traffic. The concrete deck needs shallow and medium depth repair for this bridge. After necessary repairing of concrete, the deck has to be overlaid with multi -layer epoxy broadcast topping. The deck joints have to be cleaned and resealing with silicon sealant. 7. White Settlement Rd. EB over West Fork Trinity River 8. White Settlement Rd. WB over West Fork Trinity River These twin bridges are each 33' wide (including sidewalks) and 461' long steel (- beam bridges built in 1965. There are 2 lanes of single direction of traffic on each of these bridges. The concrete decks of these bridges need shallow and medium depth repair. After necessary repairing of concrete, the decks have to be overlaid with multi -layer epoxy concrete topping. The deck joints have to be cleaned and resealing with silicon sealant. The troughs of open joints (if any) need cleaning. 3-2 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-18190 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/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters FROM fund/Account/Centers Submitted for CityManager's Office by� Fernando Costa (8476) Originating Departry3ent Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 Asphalt Distributor OperatOT $13.99 Asphalt Paving Machine Operator $12.78 Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher S14.15 Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $12.80 Concrete Finisher Paving $12.85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Orator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe Derrick, Dragline, Shovel Operator $14.12 Electrician $18.12 Flagger S 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 la er $11.04 Reinforcing Steel Setter, Paving $14.86 Reinforcing Steel Setter, Structure $16.29 Roller Operator, Pneumatic, Self -Propelled $11.07 Roller Operator, Steel Wheel, Flat WheeLrFamping $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 1 $12.08 Wagon Drill Boring Machine, Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY no M Classification AC Mechanic $21.69 Plumber $20.43 AC Mechanic Hel $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter 510.00 Brkkla /Stone Mason $19.12 Roofer $14.00 Bricklayer I 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, VLine 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 Pi efitter $18.85 Pi efitter Helper $12.83 Plasterer $17.25 Plasterer Helper $12.25 PART B — PROPOSAL BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) TO: DALE A. FISSELER, P.E. CITY MANAGER FORT WORTH, TEXAS FROM: (Bidder's Name) Po F3t,14- Wo6I9 '� (� , s, (Address) — !sl For: BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) T/PW Project No. C293-541200-208260120883 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the site, understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director, Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to -wit: BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) Pay Spec Approximate Description of Bid Item & Unit Total Item Item Quantity Unit Item Prices Price Price No. No. Per/Unit Written in Words SP 2,450 SF Concrete Bridge Deck $ $T Repair Class I (B) (Shallow) Dollars & 10 Cents per SF 2. SP 730 SF Concrete Bridge Deck $-L%, .6D Repair Class II (B) (Mid - Depth) Dollars & _Cents per SF PROP 07-0491-(2) B - 1 J BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) Pay Spec Approximate Description of Bid Item & Unit Total Item Item Quantity Unit Item Prices Price Price No. No. Per/Unit Written in Words 3. SP 1,400 LF Cleaning and Sealing Deck $ = $aak1w Joints (Class 7 Sealant) Dollars & Cents per LF 4. SP 730 LF Cleaning Deck Joints -- Pau r Dollars & Cents per LF 5. SP 160 LF Metal Rail Repair $ k 0y :-- $1kA.0oo-' Dollars & _ Cents per LF 6. SP 106,458 SF Multi -Layer Epoxy Concrete $ Q. kC) Overlay (2-1 /8" Layers) C Q,_X� n Dollars & Cents per SF 7. 524 2 EA Project Designation Signs (Pre -bid Item) Two hundred Dollars & No Cents per EA Total Bid Section: $ 200.00 $ 400.00 PROP 07-0491-(2) B - 2 PART B - PROPOSAL (Continued) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. 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 terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete construction within 70 working days as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: Addendum No. 1 ► t I 19 b k Addendum No. 2 Addendum No. 3 (Seal) If Bidder Corporation Respectfully submitted, By: Title: Wnli • �. .. �y Address:-� ��•7 lVa PROP 07-0491-(2) B - 4 M 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 to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out -of -State or nonresident bidders in order for your bid to meet specifications. The failure of out -of -State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. a BIDDER: By: (Please print) Signature: �L-- el, city State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6-1 M/WBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works Official Date: 1_I I Official Time: Bid Date: -DJ_q/ 08 Project Name: L-f t, d C Project Manager: _ 6 r sic., _ Forms Submitted By ' Name: ► -a1M ova G G,,+-I;, Company: L "�Q 5v n I-- A 55 bCSC Received By: Page 1 of 3 From: Origin ID: CRSA (972) 557-1199 Ramona Gatlin GIBSON & ASSOCIATES ` 11210 RYLIECREST DR r W s BALCH SPRINGS, TX 15180 SHIP TO: (817) 392-6104 Weldon Gray City of Ft. Worth 1000 Throckmorton Ft. Worth, TX 76102 BILL SENDER Ship Date: 10DEC08 ActWgt 1.0 LB CAD: 3055302ANET8091 Account#. S '— Ref Invoice # Dept # 7971 7070 8413 �AD FTWA THU -11 DEC Al STANDARD OVERNIGHT 76102 TX -US DFW After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge. document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic valueof the package, loss of sales, income interest, profit, attorney's fees, costs, and other fors of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/html/en//PrintIFrame.html 12/ 10/2008 r <f 11210 Ryliecreat P. O. Box 800579 Balch Springs, Texas 75180-0579 972/557-1199 FAX 557-1552 GIBSON & ASSOCIATES, INC. Engineers and Contractors December 10, 2008 Mr. Weldon Gray Minority & Woman Business Enterprise Office City of Ft. Worth 1000 Throckmorton RM 330 Ft. Worth, TX 76102 0 RE: Project No.: C293-541200-208260120883 Project: Bridge Repair at Various Locations r (2009-15) Dear Sir: ■ Enclosed please find our M/WBE paperwork for use on the above referenced project. ,o Should you have any questions regarding this matter, please feel free to call me. Very truly yours, IN G ON & ASSOCIATES, INC. ■ R o a Gatlin C ract Administ for IoEl�� a rrrneurr GAFW Forms\MWBE Cover Letter.doc 0 FO_ R`T�WO RT H Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 13 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed oal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at (817) 871-6104. Rev. 5/30/03 FORTWORTH ^"'�•V�1.�.•►"--- City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Gibson & Associates, Inc. PROJECT NAME: Bridge Repair at Various Locations (2009-15) City's M/wBE Project Goal: PROJECT NUMBER 13% 1 C293-541200-208260120883 ATTACHMENT 1C Page 1 of 3 Check applicable block to describe I I MM//DBE I X I NON-M/W/DBE I BID DATE December 4, 2008 If you have failed to secure M/WBE 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 M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. 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 F� IRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if List of Subcontracting Opportunities Traffic Control Shotblasting List of Supplier Opportunities Bagged Concrete Rev. 05/30/03 IV ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. X Yes No Date of Listing 11-14-08 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? X 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? X 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 M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MIWBEs 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 (213) 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? X Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Please see attached form 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. We were unable to achieve 13% participation on this project. We contacted Cowtown Traffic Control and received a quote but they were not low bidder. We received a quote from Nelson Industries, they were low bidder but used Roadway Technologies that was not low bidder to show our -good faith effort in meeting our goal. We also contact Ram Tool & Supply Company but their quote was high. Much of this work is specialized work; a lot of which we are able to self perform. For the entire contract we will be subcontracting only 8.10% which is below the 13% goal. I believe our documentation shows our good faith and honest efforts to achieve the 13% goal. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. William J. Gibson Authorized SignatureV Printed Signature President Title Gibson & Associates, Inc. Company Name P.O. Box 800579 Address Balch Springs, TX 75180-0579 City/State/Zip Ramona Gatlin, Contract Administrator _ Contact Name and Title (if different) 972-557-1199 972-557-1552 Phone Number Fax Number ramonaiCcgibsonassoc.net Email Address December 10, 2008 Date Rev. 05/30/03 ATTACHMENT IA Page 1 of 4 i 10 An FO--- R**14 City of Fort Worth WORTH Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Gibson & Associates, Inc. PROJECT NAME: MNV/DBE X F NON-MNV/DBE Bridge Repair at Various Location (2009-15) BID DATE December 4, 2008 ct Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 13% 1 8.10% C293-541200-208260120883 Identify all subcontractors/suppliers you will use on this project ure to complete this farm, in its entirety with requested documentation, and received by the Managing )artment on or byre 5A0 p.m. five (5) City business days after bid opening, exclusive of bid opening date, result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MNVBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MNVBE 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-MNVBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the MNVBE as outlined in the lease agreement. Rev. 5/30/03 FoR� H ATTACHMENT IA Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MIWBE firms first, use additional sheets if necessary. Certification N o SUBCONTRACTOR/SUPPLIER T (check one) n Detail Detail N T Company Name Address i e M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T R D O B B E E C T E A Roadway Technologies, 1 X Shotblasting $42,583.20 LLC 352707 East Hwy 62 Prague, OK 74864 405-567-3706 405-567-4684 Vendor # 2740 American Barricade 1 X Traffic Control $4,300.00 Company, Inc. 107 E. Enon Ave. Everman, TX 76140 817-318-0003 817-293-8053 SSI 1 X Bagged $16,238.00 2900 Marquita Dr. Concrete Ft. Worth, TX 76116 Supplier 817-731-7890 817-732-9890 Rev. 5/30/03 ATTACHMENT IA Page 3 of 4 FoR� x Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N SUBCONTRACTOR/SUPPLIER T (check one) n N T Company Name ; Detail Detail Address M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T R D o VY e E E C T E A Rev. 5/30/03 FoR� x Total Dollar Amount of M/WBE Subcontractors/Suppliers 1 $ 42,583.20 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers 1 $ 20,538.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS 1 $ 63,121.20 ATTACHMENT 1A Page 4 of 4 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. Authorized Signature President Title Gibson & Associates. Inc. Company Name P.O. Box 800579 Address Balch Springs. TX 75180-0579 City/State/Zip William J. Gibson Printed Signature Ramona Gatlin Contact Name/Title (if different) 972-557-1199/972-557-1552 Telephone and/or Fax ramonajCcD-gibsonassoc. net E-mail Address December 8.2008 Date Rev. 5/30/03 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK.............................................................................................................................. SP-3 2. AWARD OF CONTRACT.................................................................................................................. SP-3 3. PRECONSTRUCTION CONFERENCE........................................................................................... SP-3 4. EXAMINATION OF SITE................................................................................................................. SP-3 5. BID SUBMITTAL ....................................... ........................................................ ............................ ..... SP-4 _ 6. WATER FOR CONSTRUCTION...................................................................................................... SP-4 7. SANITARY FACILITIES FOR WORKERS..................................................................................... SP-4 8. PAYMENT ........................................................................................................................................... SP-4 9. SUBSIDIARY WORK......................................................................................................................... SP-4 "' 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ........................................... SP-4 11. WAGE RATES..................................................................................................................................... SP-4 12. EXISTING UTILITIES ....................... ....... ........................................................ ............................ ..... SP-4 13. PARKWAY CONSTRUCTION......................................................................................................... SP-4 14. MATERIAL STORAGE..................................................................................................................... SP-4 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS .......................................... SP-5 16. INCREASE OR DECREASE IN QUANTITIES................................................................................ SP-5 - 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS ................. ............................ ..... SP-5 18. EQUAL EMPLOYMENT PROVISIONS........................................................ ............................ ..... SP-5 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE .............. ..... SP-5 20. FINAL CLEAN UP ..................................... ........................................................ ................. I .......... ..... SP-7 21. SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY ............................................ SP-7 22. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW ..................... SP-7 23. SAFETY STANDARDS AND ACCIDENT PREVENTION........................................................... SP-10 24. .................................................. SUBSTITUTIONS....................................................................... ..... SP-10 25. MECHANICS AND MATERIALSMEN'S LIEN............................................................................ SP-10 26. CONSTRUCTION SCHEDULE...................................................................................................... SP-10 _,. 27. WORK ORDER DELAY.................................................................................................................. SP-10 28. ZONING REQUIREMENTS............................................................................................................ SP-10 29. WORKING DAYS............................................................................................................................. SP-10 30. RIGHT TO ABANDON..................................................................................................................... SP-10 31. CONSTRUCTION SPECIFICATIONS........................................................................................... SP-11 32. CONTRACT DOCUMENTS ..................... ........................................................ ............................ ... SP-1 1 33. MAINTENANCE STATEMENT .............. ........................................................ ............................ ... SP-11 34. TRAFFIC CONTROL....................................................................................................................... SP-11 35. DELAY................................................................................................................................................ SP-11 36. DETOURS AND BARRICADES...................................................................................................... SP-11 37. DISPOSAL OF SPOILIFILL MATERIAL...................................................................................... SP-12 38. QUALITY CONTROL TESTING.................................................................................................... SP-12 39. PROPERTY ACCESS ................................ ........................................................ ............................ ... SP-12 40. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES ...................................... SP-13 41. WATER DEPARTMENT PRE-QUALIFICATIONS..................................................................... SP-13 42. RIGHT TO AUDIT............................................................................................................................ SP-13 43, CONSTRUCTION STAKES............................................................................................................. SP-14 44. LOCATION OF NEW WALKS AND DRIVEWAYS..................................................................... SP-14 45. EARLY WARNING SYSTEM FOR CONSTRUCTION................................................................ SP-14 46, AIR POLLUTION WATCH DAYS................................................................................................. SP-15 10/28/2008 SP-1 -. .r no SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents continued 47. CONSTRUCTION NON -PAY ITEMS: NON -PAY ITEM 1. CLEARING AND GRUBBING......................................................... SP-15 NON -PAY ITEM 2. SPRINKLING FOR DUST CONTROL ............................................. SP-15 NON -PAY ITEM 3. PROTECTION OF TREES, PLANTS AND SOILS ........................... SP-15 NON -PAY ITEM 4. PROJECT CLEAN-UP....................................................................... SP-16 NON -PAY ITEM 5. PROJECT SCHEDULE...................................................................... SP-16 NON -PAY ITEM 6. NOTIFICATION OF RESIDENTS ..................... ............................ ... SP-16 NON -PAY ITEM 7. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ........................ ............................ ... SP-16 NON -PAY ITEM 8. SAWCUT OF EXISTING CONCRETE ............................................ SP-17 NON -PAY ITEM 9. LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.................................................................... SP-17 NON -PAY ITEM 10. TIE-IN INTO STORM DRAIN STRUCTURE .................................. SP-17 NON -PAY ITEM 11. SPRINKLER HEAD ADJUSTMENT ................................................ SP-17 NON -PAY ITEM 12. FEE FOR STREET USE PERMITS AND RE-INSPECTIONS................................................................... SP-18 NON -PAY ITEM 13. TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE)....................................................................... SP-18 NON -PAY ITEM 14. TRAFFIC CONTROL......................................................................... SP-19 NON -PAY ITEM 15. WATER TESTING PAVEMENT...................................................... SP-19 NON -PAY ITEM 16. REMOVE EXISTING TEMPORARY CURB ................................... SP-20 48. CONSTRUCTION PAY ITEMS: PAY ITEM 1& 2. CONCRETE BRIDGE DECK REPAIR .............. ............................ ... SP-20 PAY ITEMS 3 & 4. CLEANING AND SEALING DECK JOINTS ................................... SP-22 PAY ITEMS 5. METAL RAIL REPAIR...................................................................... SP-23 PAY ITEM 6. MULTI -LAYER EPDXY CONCRETE ............................................. SP-23 OVERLAY (2-1/8" LAYERS) PAY ITEM 7. PROJECT DESIGNATION SIGNS (PRE -BID ITEM) ..................... SP-29 10/28/2008 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) PROJECT ID: C293-541200-208260120883 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following eight (8) bridges: Bryant Irvin Rd NB bridge at West Fork Trinity River; Carswell Access Rd bridge at - West Fork Trinity River; South Main St. bridge over BNSF railroad; E. Northside Dr. at West Fork Trinity River; Overton Park Rd. East bridge at Trib. of Trinity River; Overton Park Rd. West bridge at Trib. Of Trinity River; White Settlement Rd EB and WB bridges at West Fork Trinity River. Work includes the following: repair of concrete bridge deck defects; cleaning and sealing existing deck joints; to provide a multiple -layer epoxy broadcast overlay to decks, repair of damaged metal railings 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: Contract will be awarded to the lowest responsive bidder of the Base Bid (Section A). The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Bidders are hereby informed that the Director of the Department of TPW 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 of Fort Worth in the use of vacant property for storage purposes. %M 10/23/2008 SP-3 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non -responsive" and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 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 will receive monthly payment (minus 5% retainage) from the City for all work generated within a pay period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 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. wo 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the rates be paid as attached. 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 10/23/2008 SP-4 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A- 29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals fir the participation of minority business 10/23/2008 SP-5 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, MMBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non -responsive to specifications. Contractor shall provide copies of subcontracts or co -signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non -responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the 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: a. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid; and, b. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 10/23/2008 SP-6 c. 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: (1) Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. (2) Failure of Subcontractor to provide required general liability of other insurance. (3) 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. (4) 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. SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre -project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement, and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. 22. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. WORKERS COMPENSATION INSURANCE COVERAGE: a. DEFINITIONS: 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 10/23/2008 SP-7 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. b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have 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; 10/23/2008 SP-8 (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. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee. Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 10/23/2008 SP-9 23. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work to be performed under this Contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable. b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry Regulations that are under OSHA 24. 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 25. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 26. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed, including clean up time 27. 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. 28. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes 29. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 30. 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. 10/23/2008 SP-10 31. 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 CONSTRUCTIONS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TEXAS STANDARD SPECIFICATION FOR CONSTRUCTION & MAINTENANCE OF HIGHWAYS, STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION A copy of the City 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. 32. CONTRACT DOCUMENTS: 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 "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Assistant Director of the Department of Transportation and Public Works 33. 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 the entire project which becomes defective due to these causes. 34. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. 35. 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 Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the 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. 36. 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. 10/23/2008 SP-11 Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 37. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 38. QUALITY CONTROL TESTING: 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. a. 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. b. 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. c. 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. d. 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. 39. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 10/23/2008 SP-12 40. 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). 41. 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. 42. RIGHT TO AUDIT: a. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. b. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. c. Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 10/23/2008 SP-13 (1) 50 copies and under $0.10 per page. (2) More than 50 copies $0.85 for first page plus $0.15 for each page thereafter. d. "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 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 appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 43. CONSTRUCTION STAKES: The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 44. 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. 45. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: a. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. b. The Project Manager and the Directors of the Department of Engineering, 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. 10/23/2008 SP-14 c. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. d. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. e. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 46. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS" typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month." 47. CONSTRUCTION NON -PAY ITEMS: NON -PAY ITEM 1: CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM 2: SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM 3: PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling 10/23/2008 SP-15 the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON -PAY ITEM 4: PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: (1) Sweeping the street clean of dirt or debris (2) Storing excess material in appropriate and organized manner (3) Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON -PAY ITEM 5: PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON -PAY ITEM 6: 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. NON -PAY ITEM 7: PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the pre -construction notification' flyer is attached. 10/23/2008 SP-16 b. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. All work involved with the pre -construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. NON -PAY ITEM 8: SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. NON -PAY ITEM 9: LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. a. The Contractor shall attempt to include the construction engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. b. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person SBC — Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery: Downtown 817-215-6424 Mr Scott King Other than Downtown 817-215-6688 Mr. Robert Martinex Atmos Energy- Despatch 1-800-460-3030 CFW - Street Light 817-392-7738 Mr. James Turner CFW— Light Signal 817-392-2538 Mr. Frank Brock 817-392-2535 Mr. Monte Wilson CFW— Pavement Marking 817-392-8107 Mr. Chuck Snyder CFW - Storm Drain 817-392-5196 Mr. Rodney Smithey 10/24/2008 SP-17 CFW - Wafer 817-212-2699 Mr. Roger Hauser 817-925-2360 Ce// CFW - Sewer 817-212-2699 Mr. Rick Davis 817-944-8399 Ce// c. Under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. d. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. NON -PAY ITEM 10: TIE-IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. NON -PAY ITEM 11: SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. NON -PAY ITEM 12: FEE FOR STREET USE PERMITS AND RE -INSPECTIONS: A fee for street use permits is in effect. In addition, a separate fee for re -inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: a. The street permit fee is $50.00 per permit with payment due at the time of permit application. b. 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. c. Payment by the Contractor for all street use permits and re -inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. NON -PAY ITEM 13: TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): a. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise 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 10/24/2008 SP-18 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. (3) Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (4) 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. (s) 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. (6) 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. c. 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. d. 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. NON -PAY ITEM 14: TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways," issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer at (817) 392-8712, at the pre -construction conference. Although work will not begin until the traffic 10/24/2008 SP-19 control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above -referenced manual and such temporary sign must be installed prior to the removal of the 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." NON -PAY ITEM 1S: WATER TESTING PAVEMENT: The Contractor shall test all proposed paving for water ponding. If ponding in any spot exceeds W', the Contractor shall replace affected pavement or provide other approved modifications (grinding, etc.) so that no ponding areas exceed a maximum of %" depth. NON -PAY ITEM 16: REMOVING EXISTING TEMPORARY CURB: The contractor may break out existing temporary curb by any means approved by the Engineer. Any damaged pavement shall be repaired at the cost of the Contractor. Removing existing temporary curb shall be subsidiary to "Removing Metal Beam Guard Fence". 48. CONSTRUCTION PAY ITEMS: PAY ITEMS 1 & 2: CONCRETE BRIDGE DECK REPAIR: a. DESCRIPTION: This Item shall govern for the repair of deteriorated and/or damaged areas of concrete bridge decks as herein specified and as directed by the Engineer. Bridge deck repairs are divided into three main classes of repair: Class I: for shallow repairs where the damage does not extend to the top mat of reinforcing steel; Class II: for mid -depth repair where damage extends to, or slightly below, the top mat of reinforcing steel; Class III: for full depth repair. These classes are further divided into three subclasses depending upon the desired time until return of service (opening to traffic): Subclass (A): for rapid return to service within two hours after placing repair materials; Subclass (B): for prompt return to service within twenty four hours after placement of repair materials; 10/28/2008 SP-20 Subclass (C): for postponed return to service of seven days or more after placement of repair materials. For example: A shallow repair requiring an immediate return to service is classified as a Class I (A) repair while a full depth repair where opening to traffic can be delayed is classified as a Class III (C) repair. b. MATERIALS: All materials shall conform to the pertinent requirements of the following TOOT Items, except as noted herein: Item 420, "Concrete Structures" Item 421, "Portland Cement Concrete" Item 440, "Reinforcing Steel" Special Specification, "Epoxy and Adhesives" Cementing Materials. Proprietary repair materials are acceptable for use if approved by the Engineer. Information to be included for review shall include the manufacturer's recommendations and material application instructions. At the Engineer's discretion, trial batches for proprietary repair materials may be required to verify that the compressive strengths specified herein are obtained. Proprietary repair materials shall be certified by the manufacturer to be free of soluable chlorides or other ingredients that my potentially cause corrosion of embedded reinforcing steel. All repair materials shall have the following minimum compressive strengths depending on the subclass of the repair (return to service time); Subclass (A): 2,000 psi at two (2) hours Subclass (B): 3,600 psi at twenty four (24) hours Subclass (C): 4,000 psi at seven (7) days The 28-day strength for all Subclasses shall be 4,000 psi. Trial batches of Portland cement Concrete furnished under TxDOT Item 421, "Portland Cement Concrete", may be required to verify that the compressive strengths specified above are achieved within the given time period. Concrete repair materials shall be air -entrained per Article 421.8, "Classification and Mix Design" of TOOT specifications. For Class I repairs with concrete, the slump shall not exceed one (1) inch and the maximum water -cement ratio shall not exceed 0.35. For Class II repairs with concrete, the slump shall not exceed three (3) inches and the maximum water -cement ratio shall not exceed 0.45. Repair materials for Class III repairs shall conform to the requirements for Class "S" concrete in TOOT Item 421, "Portland Cement Concrete". Admixtures for concrete shall conform to TOOT Item 437, "Concrete Admixtures". Coarse Aggregate. Coarse aggregate shall be a crushed or broken aggregate conforming to Section 439.2(1)(b), "Coarse Aggregate" of TxDOT's specification. For proprietary repair materials, the coarse aggregate shall be in conformance with the manufacturer's recommendations. The maximum aggregate size for a Class I (shallow) repair shall not be greater than Grade 6 or half the average repair depth and for a Class II repair shall be Grade 5 or 6 in accordance with Article 421.2, "Materials" of TxDOT's specification. Coarse aggregate for a Class III (full depth) repair shall conform to the requirements for Class "S" concrete in Article 421.9, "Quality of Concrete" of TxDOT's specification. For Class I repairs the coarse aggregate shall not have an absorption exceeding three (3) percent when tested in accordance with Test Method Tex-403-A. 10/28/2008 SP-21 c. EQUIPMENT: All equipment shall be provided by the Contractor, subject to the approval of the Engineer and shall comply with the following: Concrete Removal Equipment. Proportioning and Mixing Equipment Placing and Finishing Equipment d. CONSTRUCTION METHODS: All areas to be repaired will be marked by the Engineer. Determination as to the class of repair will be made after the final concrete removal has been completed. The entire perimeter of the area to be repaired shall be saw -cut on the top surface to a depth of approximately one (1) inch. This saw -cutting depth may be reduced as directed by the Engineer in areas where insufficient cover is suspected so that the reinforcing steel will not be cut. For Class III repairs, the bottom surface of the deck shall be chipped around the entire perimeter of the patch area using lightweight chipping hammers to provide as near a vertical surface as possible. Feather edges around this perimeter will not be permitted. The minimum depth of repair for a Class I repair is % inch. Concrete Removal. Surface Preparation Placing and Finishing Repair Materials Curing e. MEASUREMENT: Bridge deck repairs will be measured by the square foot of surface area for the various classes of repairs (Class I, II and III). When a repair involves multiple depths, the areas for each class will be measured separately. f. PAYMENT: The work performed and material furnished in accordance with this Item and measured as provided under "Measurement", will be paid for at the unit price bid for "Bridge Deck Repair", of the various classes and subclasses specified. A bid price shall be provided for each of the three classes of repair (I, II, and 111). The subclass (return to service time) will be determined by the Engineer and will remain the same for all classes of a given repair. These prices shall be full compensation for furnishing and placing all materials, removing and disposing of all loose or deteriorated concrete, saw -cutting, cleaning and/or replacing of reinforcing steel, and for all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEMS 3 & 4: CLEANING AND SEALING DECK JOINTS: This item shall be completed in accordance with Item 438 of the Texas Department of Transportation's, Standard Specification for Construction and Maintenance of Highways, Streets, and Bridges. DESCRIPTION: Open joints that allow water from the deck to penetrate the deck shall be sealed with a silicone treatment to a minimum depth of inch. Silicone sealant shall conform to TxDOT DMS-6310 "Joint Sealers and Fillers" and shall consist of a two part, rapid curing, self -leveling, cold applied silicone material that cures to a low -modulus rubber upon exposure to atmospheric moisture. Joints shall be cleaned of all joint seals, old expansion materials/devices, bituminous material, dirt, grease and all other deleterious material. All joints must be dry, clean, and moisture free and prepared as recommended by the manufacturer. Sealant shall be mixed and placed in accordance with manufacturer's recommendations. In no case shall the sealant be placed unless the temperature is at least 45°F and rising. Where appropriate, backer rods and backing materials shall be used for application of the sealant. Backer rods and backing materials shall conform with TxDOT specification 433.2(4), "Backer Rods and Backing Materials". Sealant shall be depressed 1/2" 10/28/2008 SP-22 from any riding surface. Measurement will be made by linear feet (LF) of joints sealed. Payment will be made by the unit price bid for "Seal Bridge Deck Joints with Silicone". This price shall be full compensation for ail materials, tools, labor, equipment and incidentals required to perform the work described. PAY ITEM 5: METAL RAIL REPAIR: This item shall be completed in accordance with Item 776,"Metal Rail Repair", of the Texas Department of Transportation's, Standard Specification for Construction and Maintenance of Highways, Streets, and Bridges. Contractor shall repair and/or replace damaged members of railing as required; using equal or higher grade steel members for members removed and paint the replaced/repaired areas to match existing color. This item shall be measured by the linear foot at each bridge to be repaired. This item will be paid for by full compensation for materials, equipment, tools and, labor and incidentals. PAY ITEM 6: MULTI -LAYER EPDXY CONCRETE OVERLAY (2-1/8" LAYERS): a. DESCRIPTION: Preparation of deck surfaces, furnishing and applying thin, multiple -layer epoxy concrete on bridge structures. MATERIALS: Furnish a Material Safety Data Sheet (MSDS) for all epoxy materials and related cleaning solvents used on the project. Maintain the MSDS's with the materials at all times. Provide a certificate of compliance to these specifications with each batch of resin. Magnesium phosphate concrete is not compatible with the epoxy overlay systems. Remove all repairs performed with magnesium phosphate concrete and replace with a portland cement based repair material. (1) Aggregate. Use an angular -shaped silica with a Mohs scale hardness of 7 or greater or basalt with a hardness of 6 or greater. Use aggregates that are clean, dry (less than 0.2% moisture), and free of dirt, clay, asphalt, and other organic materials. Use aggregate that conforms to the gradation specified in Table 1. Table 1 Aggregate Gradation Sieve No. 4 Sieve No. 8 Sieve No. 16 Sieve No. 30 % by Weight Passing Sieve 100% 30-75% 0-5% 0-1 % (2) Binder material. Use a two -component thermosetting epoxy -based material meeting the requirements specified in Tables 2 and 3. Condition all components for testing to 74 degrees F (+/- 1 deg. F) for at least 40 hours before mixing, curing or testing. Do not use epoxy systems containing solvents or unreactive diluents. 10/28/2008 SP-23 Table 2 Required Properties for Mixed, Uncured Epoxy Binder Property Requirement Test Method Viscosity 7-25 poise Tex-614-J Gel Time 15 - 45 minutes Tex-614-J FlashPoint > 200 deg. F ASTM D 3278 Table 3 Required Properties for Cure Epoxy Binder Property Required Test Method Value Compressive Strength at 3 hrs. 1,000 psi ASTM C 579, Method B Minimum Modulus of Elasticity 13,000 psi ASTM D 638 Type 1 maximum Resilience at 48 hrs 70% Tex-618-J Minimum Tensile Strength at 7 days 1,800-5,000 psi Tex-618-J Tensile Elongation at 7days 30 — 70 % Tex-618-J (ASTM D 638 Type 1) Wet Bond Strength (lab) 250 psi Tex-618-J Minimum Dry Tensile Bond Strength (field) 95 F 220 psi CSA A23.2-6B Minimum (3) Epoxy Concrete. The multiple layer epoxy concrete to be used as the overlay shall meet the required properties specified in Table 4. The finished overlay is permitted to be opened to traffic when a standard slot screwdriver with a 3/8 blade and a force of 45 lb will not dent the surface. Table 4 Required Properties for Cured Epoxy Concrete 10/28/2008 SP-24 Property Required Value Test method Compressive Strength 1000 psi minimum ASTM C 579, Method B at 3 hours Samples shall be made using 2- 3/4 parts standard sand per 4800 psi minimum ASTM C 778, No. 20-30 U.S. at 24 hours Standard Sieve per one volume part of mixed epoxy. Thermal Compatibility, No delamination of ASTM C 884 B Samples shall overlay be made using 2-3/4 parts One cycle is 8hrs. at 60°C standard sand per ASTM C 778, followed by 16hrs. at-21°C. No. 20-30 U.S. Standard Sieve Determine results after 9 cycles per one volume part of mixed epoxy. c. EQUIPMENT: Use shot blasters (steel, sand or grit) or other surface preparation method capable of removing deteriorated concrete, laitance, grease, dirt, oil and other contaminants that inhibit bond of the overlay. Do not use scarifiers, scabblers, or milling machines for surface preparation. All applications must use an automated epoxy distribution system, an aggregate spreader, a broom, and a self-propelled sweeper broom or vacuum truck. The distribution system or distributor must accurately blend the epoxy components and uniformly and accurately apply the epoxy materials at the specified rate to the bridge deck to cover 100% of the work area. Hand applications are not allowed except in deck areas where automated equipment cannot be used. In these cases the work area is restricted to 10 sq. yd. or less of the total deck surface. Equipment should provide compressed air that is free of oil and water. d. CONSTRUCTION: (1) Work Plan. Before construction of the epoxy overlay, the Contractor must submit to the Engineer for acceptance a work plan for constructing the overlay. The work plan will include but not be limited to proposed equipment, materials, compatibility of concrete repairs (existing and proposed) with the epoxy overlay material, layout of overlay placement identifying any hand placements, minimum air and deck surface temperatures, anticipated schedule for traffic control and project phasing to support the proposed work plan. The work plan must also meet the approval of the manufacturer of the epoxy materials. Any deviations from the application prescribed by this specification must be approved by the manufacturer and explained to the Engineer's satisfaction before acceptance. (a) Procedure Qualification. The Contractor shall use the following procedure to determine the cleaning practice (size of shot, flow of shot, forward speed and number of passes of the shot blasting machine, and other equipment and procedures) necessary to expose coarse aggregate and to assure adhesion of the overlay to the substrate. The Contractor shall also use the following quality control procedure to determine that the materials, batching, mixing, placing and curing procedures provide the required adhesion of the overlay to the substrate. 10/28/2008 SP-25 (i) The Engineer shall designate areas to provide for an evaluation of the range of surface conditions on the area to be overlaid, including areas with deck repairs, if any. One designated area shall be evaluated for each span or 500 SY, whichever is smaller. (ii) At each of the locations selected by the Engineer, prepare a minimum area of 0.5 SY of the surface using the equipment and procedures proposed for preparing and cleaning the surface that is to receive the epoxy concrete overlay. (iii) Clean the surface and apply the overlay to designated quality control areas. (iv) Overlays of designated areas shall be applied at the same thickness and with the same materials, equipment, personnel, timing, sequence of operations and curing period prior to opening to traffic that will be used for the installation of the overlay. (v) (Evaluate the designated areas using the procedure described in Canadian Test Method A232-66 except that the pipe cap shall be a 2-inch diameter minimum and that the tensile adhesion evaluation shall not be performed at surface temperatures above 95 F. Core through the overlay to a minimum of 3/8 in.+/- 1/8 in. into the underlying concrete slab. An evaluation shall be the average of tests of three locations within the designated area. (vi) The surface preparation, materials, batching, mixing and curing qualifies as adequate if the minimum stress at failure is 220 psi. (vii) If the test results do not meet the required 220 psi minimum stress at failure and surface preparation is not adequate, modify the surface preparation procedures and repeat the tests until the required minimum stress at failure is achieved. If the test results do not meet the required 220 psi minimum stress at failure and the material, batching, mixing, placing and curing are not adequate, modify them and repeat the test until the required minimum stress at failure is achieved. (b) Quality Control. If the cleaning practice, materials and installation procedure are not acceptable, the Contractor shall remove overlays from areas that failed to indicate that the overlay had adequate tensile adhesion, make the necessary adjustments, and evaluate all areas again until satisfactory results are obtained. (2) Surface Preparation and Cleaning. Clean the deck surface by steel shot blasting or abrasive blasting. Use a blasting technique that exposes the coarse aggregate and removes asphaltic materials, oils, dirt, rubber, curing compound, paint, carbonation, laitance, weak surface mortar, and potentially detrimental materials including dust and other loose material left from the cleaning operation that may interfere with the bonding or curing of the overlay. The prepared surface shall meet or exceed the requirements of International Concrete Repair Institute (ICRI) No. 03732 Standard CSP 5. Use a vacuum cleaner or oil- and moisture -free air blast to remove dust and other loose material. Brooms shall not be used. Use water blasting if required. Identify unacceptable levels of moisture in the deck using a plastic sheet left taped in place for a minimum of 2 hr. (ASTM D4263) or other approved methods. Cleaning operations will be inspected and accepted before placing each layer of the overlay. Remove any contamination of the deck or intermediate courses after initial cleaning. Apply all courses following the cleaning before opening the area to traffic. Apply the first course within 24 hr. of cleaning, and place all courses of the overlay within 7 days of cleaning. The overlay manufacturer's representative must inspect and approve the surface condition, cleaning, overall deck condition, and agree that the deck is appropriate for the overlay before the overlay can be applied. 10/28/2008 SP-26 If the Engineer determines that the Contractor has deviated from the approved cleaning method prior to the completion of the job, the Contractor shall re -clean the suspect areas using the approved method. Patching and cleaning operations shall be inspected and approved prior to placement of each layer of the overlay. Any contamination of the overlay area or intermediate courses after initial cleaning shall be removed. All courses shall be applied following the cleaning and prior to opening the area to traffic. The first course must be applied within 24 hours of cleaning or if longer, a bond test must be conducted to verify the adequacy of the substrate. Subsequent courses shall be applied as soon as possible considering environmental and project site conditions. Traffic shall not be permitted on the overlay until all courses are placed and cured. (3) Application of Overlay. An overlay manufacturer's representative must be present at all times during the work through final completion of the work. The manufacturer's representative should make recommendations to the Engineer on the acceptability of every phase of the operation, including but not limited to equipment, surface preparation of the deck, mixing of the overlay components, type of application, method of application, and finish. Do not place epoxy concrete overlay materials when weather or surface conditions do not allow the material to be properly handled, placed, and cured within the specified requirements of traffic control. Do not place epoxy concrete overlay on hydraulic cement concrete that is less than 28 days old The overlay application consists of repetition of two distinct steps: epoxy binder application and aggregate broadcasting. The minimum finished overlay thickness is 0.25 in. Apply the epoxy overlay in multiple courses as prescribed by the manufacturer but at a rate no less than specified in Table 5. The total of the applications will be as prescribed by the manufacturer but not less than 7.5 gal. per 100 sq. ft. All epoxy and aggregate components will be 60OF or above at the time of application. After the epoxy mixture has been prepared for the epoxy overlay, apply it immediately and uniformly to the surface of the bridge deck surface. Do not apply epoxy if the air temperature is expected to drop below 55OF within 8 hr. after application or if the gel time is less than 10 min. Apply the dry aggregate in a manner to cover the epoxy mixture completely within 5 min. of applying the epoxy. Remove and replace first -course applications that do not receive enough aggregate prior to gelling. A second course insufficiently covered with aggregate may be left in place but will require additional applications before opening to traffic. Place breaks between adjacent overlay application areas at lane lines only. Cure each course of epoxy concrete overlay until vacuuming or brooming can be performed without tearing or damaging the surface. Do not permit traffic or equipment on the overlay surface during curing. After the first course is cured, remove all loose aggregate by vacuuming or brooming, and apply the next course to completion. Do not begin brooming the excess aggregate from any course of the overlay until the overlay has cured sufficiently that brooming will not damage the surface. Do not open the first course to traffic without the approval or the Engineer or the manufacturer. Do not allow traffic on the overlay until it has cured sufficiently to prevent damage by wheel loads. Where early opening to traffic is not necessary, the epoxy may be placed at a lower temperature with the approval of the manufacturer and the Engineer. Minimum curing periods are specified in Table 6. Measure temperatures as the material is applied. Table 5 10/28/2008 SP-27 Epoxy and Aggregate Application Rates Course Epoxy (Gal./100 Sq. Ft) Aggregate (Lb. /Sq. Yd.) 1 Not less than 2.5 > 10 2 Not less than 5.0 > 14 Table 6 Minimum Cu ing Times for Overlay Courses Course 60-64OF 65-69OF 70-74OF 75-79OF 80-84OF 85-89OF 1 4 hr. 3 hr, 2.5 hr. 2 hr. 1.5 hr. 1 hr. 2* 6.5 hr. 5 hr. 4 hr. 3 hr. 3 hr, 3 hr. * Cure Course 2 for 8 hr. if the air temperature falls below 60OF during curing. Expansion joints in the concrete surface to be overlaid must be maintained through the overlay during the time of placement. If a joint must be saw cut into the overlay, this must be done as soon as the overlay can support the sawing equipment without damaging the overlay. Saw cutting of joints must be done within 12 hours of overlay placement and prior to the first ambient thermal cycle to avoid any potential for stress delamination. If work damages or mars the surface of the epoxy overlay, remove the damaged areas by saw cutting in rectangular sections to the top of the concrete deck surface and replacing the various courses at no additional cost. For each batch provided, maintain and provide to the Engineer records including but not limited to the following: (i) Batch numbers and sizes, (ii) Location of batches as placed on deck, referenced by station, (iii) Batch time, (iv) Gel time (2-oz sample), (v) Temperature of the air, deck surface, mixed epoxy components, and aggregates, (vi) Loose aggregate removal time, and (vii) Time opened to traffic (if applicable). e. MEASUREMENT: Epoxy concrete overlay shall be measured by the square yard of bridge deck surface, complete and in place. f. PAYMENT: Measured as provided under "Measurement" will be paid for at the price bid for "Multiple -Layer Epoxy Concrete Overlay". This price is full compensation for surface preparation, presence of manufacturer's representative at the work site during all planning, phasing and placement activities, testing, furnishing and applying epoxy concrete overlay courses, all safety precautions, any necessary repairs, and all materials, labor, tools, equipment, and incidentals. Patching work will be paid for in accordance with Pay Item 429, "Concrete Structure Repair." Crack injection will be paid in accordance with Item 780, "Epoxy Injection." 10/28/2008 SP-28 PAY ITEM 7: PROJECT DESIGNATION SIGNS (PRE -BID ITEM): The Contractor shall construct and install Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of W fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 10/28/2008 SP-29 (To be printed on Contractor's Letterhead) Date: PROJECT No: C293-541200-208260120883 PROJECT NAME: BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) 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 STREE'I> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. v IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 817-392-8100 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. go CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Bridge Repair at Seven Locations and City of Fort Worth Project No. C293-541200-208260120883. CONTRACTOR: 4"� 5a" i laSi'oCi�-,4Cr G By: Name: LcJi�l�a�: T- l��oso-, Title: C-;�, p r I c. , , f Date: 3 -'' - 0 S STATE OF TEXAS § -V t l c(s § COUNTY OF b41d-T § Before me, the undersigned authority, on this day personally appeared 4-1-1 t *c / a — .T• & --1 5-- -7 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 for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 7 day of 7��a t� , 2005. Notary Public in and for the State of Texas r M M" ilk Attachment to ACORD Certificate for Gibson & Associ ates inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurel(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Gibson & Associates Inc. P. o. Box 800579 Balch springs TX 751800579 USA ADDITIONAL POLICIES If a policy below does not include lirr certificate form for policy limits INSURER INSURER INSURER INSURER INSURER it information. refer to the corresoondine Dolicv on the ACORD INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS insurance available to the certificate holder, but only to the extent required by written contract with "" the Insured, and subject to the policy terms, conditions and exclusions. Me Certificate No : 570033368029 EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Award Type of Work Date Accepted Name and Address of Owner List of projects your organization is now engaged in completing: Amount Of Contract Award Type of Work Anticipated Date of Completion Name and Address of Owner List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond Amount of Bond Name and Address of Surety EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: 11- 2 0. Bond# 8216-50-46 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Gibson and Associates, Inc. I as Principal herein, and (2) Federal Insurance Company , a corporation organized under the laws of the State of (3) Indiana , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Five Hundred Twenty Five Thousand, Eight Hundred Forty Seven Dollars and Eighty Cents Dollars ($525,847.80) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 3'd day of March , 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: Bridge Repair at Seven 1 nrn4i^na NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 3"d day of March , 2009. It .:. Gibson & Associates, Inc. PRINCIPAL A T: - By: 2 , - "-//J- , Name: Gya4l.�j _ ��sa., (Principal) Secretary Title: (S E A L) Address: P. 0. Box 800579 Balch Springs, TX 75180-0579 Witness as to Principal Federal Insurance Company SURETY ATT ST: By: Name: Rabbi Morales Secretary v Attorney in Fact J (S E A L) Address: 2711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 + Witness as to Surety Telephone Number: 214/989-2411 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 Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond# 8216-50-46 THE STATE OF TEXAS § COUNTY OF TARRANT § PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, (1) Gibson and Associates, Inc. , as Principal herein, and (2) Federal Insurance Company , a corporation organized and existing under the laws of the State of (3) Indiana , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Five Hundred Twentv Five Thousand. Eight Hundred Fortv Seven Dollars and Eiahtv Cents Dollars ($525,847.80) 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 3'd I day of March , 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: Bridge Repair at Seven Locations Project No. C293-541200- 208260120883. 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 3`d day of March , 2009. Is A T: (Principal) Secretary (S E A L) Ca4za,--', A-J644 C. - Witness as to Principal ATTEST: Se etary (S E A L) Witness as to Surety Gibson & Associates, Inc. PRINCIPAL rr��daek By: W�l Name: Title: Address: P. 0. Box 800579 Balch Springs, TX 75180-0579 ederal Insurance Comnan SURETY � By: Name: Robbi Morales Attorney in Fact Address:2711 N. Haskell Ave., Suite 800 Dallas. TX 75204 Telephone Number: 214/989-2411 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Bond# 8216-50-46 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Gibson and Associates, Inc. ("Contractor"), as principal, and, Federal Insurance Company a corporation organized under the laws of the State of Indiana ("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 Five Hundred Twenty Five Thousand, Eight Hundred Forty Seven Dollars and Eighty Cents Dollars ($525,847.80), 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 3nd of March , 20 09, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: BRIDGE REPAIR AT SEVEN LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) C293-541200-208260120883 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two) 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 Transportation and Public Works Department, 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 ma reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be no Bond# 8216-50-46 null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 3'd day of March , A.D. 2009. (Principal) Secretary (SEAL) Ocs� '_a� Witness as to Principal ATT ST: 14 Secretary (S E A L) Gibson & Associates, Inc. PRINCIPAL By: _ Name: Gr> �llra Jr ��Iosa Title: Address: P. 0. Box 800579 Balch Springs, TX 75180-0579 Federal Insurance Company SURETY c 51111,_ W. I_- Name: Robbi Morales Attomey in Fact Address:2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 4(- drae(-� Witness as to Surety Telephone Number: 214/989-2411 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 Attomey-in-Fact. The date of bond shall not be prior to date of Contract. a111s.2 as -it as as .. we on Policyholder Informatlon Notice IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener informacion o para someter una queja: You may call Chubb's toll -free telephone number Usted puede llamar al numero de telofono gratis for information or to make a complaint at de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800 252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800 252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771_ Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTES SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AWSO A SU POLIZA: Este aviso es solo para prop6sito de informacion y no se convierte en parte o condici6n del documento adjunto. Form 99-10-0299 (Rev. 1-08) ut, CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 3"d day of March , 20 09 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Gibson and Associates, 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 ML construction of certain improvements described as follows: BRIDGE REPAIR AT SEVEN LOCATIONS Designated as project number: C293-541200-208260120883. 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 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. 43 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 Transportation and Public Works Department of the City of Fort Worth. .:A 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 70 (Seventy) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 315.00 per calendar day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. A 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 neggliegence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the ne_gli_gence or alleged ne_gli_gence 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 C-2 satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. A Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in by -weekly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be FIVE HUNDRED TWENTY FIVE THOUSAND, EIGHT HUNDRED FORTY SEVEN THOUSAND AND EIGHTY CENTS $525,847.80 N1 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 Transportation and Public Works Department. C-3 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 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 Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 3"d day of March , 2009 m APPROVED: DIRECTOR, RANSP TATION AND PUBLIC WORKS DEPARTMENT (Contractor) BY: �✓.✓_ (Repres to ' e) �.r'Ps•Wle1�1 (TITLE) Revised June 2008 (Address) (City/State/Zip) CITY OF FORT WORTH ASSISTANT CITY MANAGER ATTEST: )NN ('� - �'t 1A � t CITY SECRE ARY (SEAL) C- fthtrApt Authorization Date APPROVED AS TO FORM & LEG ITY: SIS N CITY ATTO EY 01-HUAL RECOW CITY SECRETARY 9FT. WORTH, TX APPENDIX A: SUMMARY OF QUANTITIES BRIDGE REPAIR AT VARIOUS LOCATIONS (2009-15) SUMMARY OF QUANTITIES Item Nos. 2 3 4 5 6 7 Bridge Concrte Bridge Deck Repair Class I (B) (Shallow) Concrte Bridge Deck Repair Class 11 (B) (Mid -Depth) Cleaning & Sealing Deck Joints Cleaning Deck Joints Metal Rail Repair Mufti -Layer Epoxy Concrete Overlay Bryant Irvin Road NB SF SF LF LF LF SF 150 40 80 250 9,100 Carsewell Access Rd 70 20 550 20 8,430 South Main Street 1,000 300 200 200 20 35,680 E. Norhside Drive 500 125 210 100 23,368 Overton Park Rd East 50 20 80 20 2,240 Overton Park Rd West 80 25 80 80 3,668 White Settlement Rd EB 300 100 100 100 11,986 White Settlement Rd WB 300 100 100 100 46e, 11.986 TOTALS 2,450 730 1,400 730 , Wle,0 106,458 APPENDIX B: PROJECT LOCATION MAPS No BRYANT IRVIN RD BRIDGE (NB) MAPSCO 74Z W BON ELL KILPATF ICK z = O $ GOOD AN J LIBBI YJ O� w z z BLACKI IORE z HUMBERT O M0R� FAI tNSWORTH HELIPICK O� �� CFIY,y CA ER y��OG BR NTS LU Bryant Irvin Rd Bridge over CFTR 7 cc z ,O�\�EP0P00 � m Clear Fork Trinity River o�` N O 9 IVE BE Q A O O Z 1�� O N �'h ARBORLAWN m OL �O m O�LLpdFE Ao �O5 Z 3 L_m ELLAIRE O O m d o m O i 9� L� A No r No No CARSWELLACCESS RD BRIDGE MAPSCO 60Q Carswell Access Rd Bridge over WFTR M BROCKS WALNUT SUNDOWN NORMA I S. MAIN STREET BRIDGE MAPSCO 77N O EANDER O NDER IRMA MAGN UA MAGNOLI -{ I• w m !j i a MORP Y MORP Y f'r t MORPHY MO IPHY FE IKS GWOZDZ i? ti i 1 '� -d MYRTLE t' o MADDOX �1'G �•! i-i; = a MAY STJOSEPH ul S. Main St Bridge over BNSF Railroad w m FFERSON JEFF ERSON m �• m RICHMOND p Ui W / { i; `i; r. f • // ^Yi--L RUNGTO �r =� ARU NGTO/y J rr m � ORN to '� n.•• d. 4 y ( j J LILAC LILAC Z W �i fr rr t6 i tii ! ri �•) i i i d... Jr7r.'Jr OARLOCKMW ?( JESSAMINE ;iyl i i i l 'l:fn JES MINE f4 j!tt'(i%;iilirfr p lri L.RAMSEY ! r 7 r x j ATLANTA /[SN y PAGE PAGE MARION MULKEY lei i if;jj!;' O MULKEY / r i :rtl i1'r' ROBERT %� ii„ ROBERT E. NORTHSIDE DR BRIDGE MAPSCO 62R IQ )0 \ i1 A 1 \ BRFN�N EXCHANGE' s t -1 i, \ 24 H MULE gLLEy '; U mine Creek ' wesi 1}. i� !: , •. tl ••. Fprk � rrini R/ve r 21ST �y. E Northside Dr Bridge over WFTR 20TH i t ,6�y\ l No r At _ PPAK ' ,. . ...140Rt r , � O i~ GRE R 0 •. I Z �N o yc� West ForkTrini River OVERTON PARK RD EAST BRIDGE MAPSCO 75Y J J_ am Overton Park Rd E Bridge over Trib of Trinity River G�NPV� 0�%/ sm w wo OVERTON PARK RD WEST BRIDGE MAPSCO 89C HARTWOOD K a GCE pOK PE6BlE� 3 5�P0 p Z W 3 0 c eHwp D ppo p Z r HARLANWO D o p v m w 0 N� Z Z �9 0 n Overton Park Rd W Bridge over BF� ��RF Trib of Trinity River — o z a a OVER70N ,' N r OVERT �00 O��O ON CREST OL F� O 2 -o �Ok N O CO Z Q N Y cc cc o a 5 a � W <FOO�i c F{y Y g 2 U) qe a o 0 RANCH VIEW ARROYp WHITE SETTLEMENT RD BRIDGE MAPSCO 61 U OVID BONITA White Settlement Rd Bridge (EB & WB) over WFTR 3 _w I' a �j HAMILTON 4TH APPENDIX C: PROJECT DESIGNATION SIGN DETAIL no go TAP 1- PROJECT DESIGNATION SIGN 4 1 — 0 11 --� FORT WORT If--- PMS °°. VA PMS 167 311 1BRIDGE MAINTENANCE 3T PROGRAM 311 16 %Z" Contractor: Contractor's Name TELEPHONE NUMBER FORT WORTH IN LOGO- CHELTNGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS, FORT WORTH - PMS 28B LONGHORN LOGO- PMS 167