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Contract 39776 (2)
5 �r FoRT WORTH SPECIFICATIONS..� ac 1NT AND •• CONTRACT DOCUMENTS ;r *�„4• FOR CITY SECRETARY V .. CITY SECRETARY D.O.E. FILE PROJECT NAME CONTRACT NO. ��c111 GREENWAY PARK ROAD AND PARKING LOT IMPROVEMENTS i� CONTRACTOR'S BONDING CO. PROJECT NUMBER CONSTRUCTION'S COPY C200 / 541600 / 802370029480 .. C282 / 541600 / 802370029480 CLIENT DEPARTMENT r. D.O.E. NO. 6244 IN THE CITY OF FORT WORTH .. TEXAS MICHAEL A. MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER no w w mi 0 RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION, a @��c, •°F•00..0 � �P.• •00 �C e e FUNDING OF PROJECT BY j �� „e.•..•......e......uRN CITY OF FORT WORTH e••}{�`YNN HI��,•e..; 2004 CAPITAL IMPROVEMENT PROGRAM �� GAS REVENUE FUNDS �.� 55591 .� DULY 2009 �o^ems t/ •ibis OFFICIAL RJETARY CITY SECR FT. WORT ZIP II!_ NEEL—SCHAFFER = Solutions you can build upon Texas Reg. No. F — 2697 M&C Review t Page 1 of CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT NVoRm COUNCIL ACTION: Approved on 12/15/2009 - Ord. No. 18974-12-2009 DATE: 12/15/2009 REFERENCE NO.: **C-23990 LOG NAME: 80GREENWAY-MCC CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize a Contract in the Amount of $273,756.00 with McClendon Construction Company, Inc., for Greenway Park Road and Parking Improvements and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $35,306.10 in the Park Gas Lease Project Fund from Gas Well Pipeline Easement Revenues; 2. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $273,756.00 for Road and Parking Lot Improvements at Greenway Park. DISCUSSION: The purpose of this M&C is to authorize the award of a construction contract for road and parking improvements at Greenway Park. The 2004 Capital Improvement Bond Program (2004 CIP) allocated $306,000.00 for roadway and parking improvements at Greenway Park. In addition, gas lease bonus funds and fees collected from gas pipeline license agreements have been allocated for Greenway Park in the amount of $237,883.67 (M&C L-16142 and L-14536). The total of all funds available for improvements to Greenway Park amount to $543,BB3.67. On November 11, 2008, (M&C C-22071) the City Council authorized the City Manager to execute a contract with Neel -Schaffer, Inc., in the amount of $57,015.00 for the development of construction documents for road and parking improvements (City Secretary Contract No. 36715). The design contract has been administratively amended adding $1,000.00 for additional survey work, thus increasing the total contract amount to $58,015.00. This project was advertised for bid on July 3, 2009, and August 6, 2009, in the Fort Worth Star- Telearam. On August 20, 2009, the following bids were received: BIDDERS BASE BID McClendon Construction Company, Inc. $273,756.00 Jackson Construction, Ltd. $278,656.00 AUI Contractors, Inc. $314,625.00 Advanced Paving $320,026.25 JRJ Paving, LP $324,011.15 Cates, Courtney and Roebuck, Inc. $338,733.50 Northstar Construction, Inc. $340,635.00 Ed A. Wilson, Inc. $359,245.00 Ratliff Hardscape, Ltd. $449,849.77 It is recommended that the base bid in the amount of $273,756.00, as submitted by McClendon Construction Company, Inc., be approved for award of contract. The contract time is 50 working days. http://apps.cfwnet. org/council_packetlmc_review.asp?ID=12459&councildate=12/ 15/2009 2/2/2010 M&C Review Page 2 of In addition to the contract costs, associated contingency funding for construction inspection and administration total $24,108.76. There will be no impact on the annual maintenance budget associated with this project. The project consultant's estimated construction cost totaled approximately $407,000.00. However, due to local economic conditions, bids received were much lower than expected. As a result, upon completion of phase improvements remaining project funds will be used for design and construction of a second phase of parking improvements. M/WBE — McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 21 percent M/WBE participation. The City's goal on this project is 15 percent. Construction is anticipated to commence in December 2009, and be completed in March 2010. Greenway Park is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund. TO Fund/Account/Centers (1) C282 446300 801929990100 $35,306.10 (1) C282 541600 801929990100 $35,306.10 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 80GREENWAY-MCC Ordinance.doc FROM Fund/Account/Centers l2) $35.867.33 C200 541600 802370029480 �2) $237.888.67 C282 541600 802370029480 Charles Daniels (6183) Richard Zavala (5704) Carlos Gonzalez (5734) http://apps.cfwnet.org/council_packetlmc_review.asp?ID=12459&councildate=12/ 15/2009 2/2/2010 .r 08/14/09 08:49 FAX 871 5724 CITY OF FT WORTH 002/009 ADDENDUM #1 Greenway Park Road and Parking Lot Improvements C200 / 541600 f 802370029480 C282 / 541600 / 802370029480 DOE# 6244 August 13, 2009 TO ALL BIDDERS: Please attach to your specifications_ This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. REFER TO SPECIFICATIONS AND CONTRACT DOCUMENTS MANUAL A. The removal, storing, furnishing (if necessary) and placement of Topsoil shall be in accordance with Item 302 `Topsoil"— Section 02300 — Earthworm, and shall be subsidiary to the pay items for "Site Preparation", "Seeding" and "Sodding". B. The "Sidewalk Bridge" located south of the Handicap Panting area shall be paid _ for by the square yard (S�) as "6" Reinforced Concrete Flume". The revised pay quantity for I " Reinforced Concrete Flume" is 8 square yards. C. The pay item for "8" Reinforced Concrete Pavement" is being deleted. TxDOT has agreed that the paving on the TxDOT Right -of -Way shall be 7"Reinforced Concrete Pavement" The approximate quantity for "8" Reinforced Concrete Pavement" is 0.0. The revised quantity for "7" Reinforced Concrete Pavement" is 748 square yards. Bidders are reminded that concrete in the TxDOT right-of-way shall be 5 / sack cement and 3600 psi comprehensive strength at 28 days and rebars shall have 100% ties and be 44 bars on 18" centers, all ways. There shall be a construction joint in the 7" pavement at the TxDOT right-of-way line. D. The revised quantity for "Flex Base -- 2' x 6" Shoulder" shall be 180 LF. E. Bidders shall use the revised attached Bid Proposal to submit bids. we END OF ADDENDUM # 1 Bid Opening Date: August 20, 2009 Acknowle h� rec7,Projiect is Addendum on your Proposal. By: w Carlos Gonza Manager Release Date: August 13, 2009 08/14/09 08:49 FAX 871 5724 CITY OF FT ►FORTH Z003/009 PROPOSAL TO: Mr. Dale A_ Fisseler, P.E. City Manager Fort Worth, Texas FOR: Road and Parking Lot Improvements at Greenway Park C200 1541600 1802370029480 DOE NO. 6244 C20216416001802370029480 Pursuant to the foregoing "Notice to Bldders,'the undersigned has thoroughly examined the plans, specifications, and the site. understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided In the plans and specifications. and subject to the inspeulon and approval of the Parks and Community Services Department Director ofthe City of Fort Worth. The "approximate quantity" category Is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum Items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid racalved exceede the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line Item or to eliminate any spe0c line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate fine items prior to the award of contract Further, by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City In the event line items are adjusted or eliminated. Upon acceptance of thie proposal by the City Council, the bidder Is bound 10 execute a contract and furnish, If applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to wit: PAY APPRdX UNIT 0EBCRfPTId1M T�F fld UAT 40TAL ITEM ❑Ty - PRICE WRITTS-N IN WORDS PRICE _ _.A► PUNT BID BASE BID UNIT ONE - GREENWAY PARK 1. 1 LS Mobilization (See 5pedficaW Rpm for) Dollars & - Cents per LS $ $ 2. 1 LS Demolition, Clearing And Grubbing (See Sheet 3 of 28; Scebw 02200A of this dvcumenf; ' pe*Wradbn Itams 102 and 104) Dollars & Cents per LS $ $ 3. 1 LS Stormwater Pollution Prevention Plan and Erosion Control Implementation (See VmufS 2, 15 trod 16 of26) j' Dollars & Cents per LS S g 4. 1 LS Traffic Control Plan and Implementation (Sea Sheets 19 rhry 26; 'Sped50a&m stern 624) Dollars & Cents per LS $ $ 5. 1 LS Miscellaneous Excavation, Fill, Grading and Cleanup (Soo Sheets 4, 5. It end 8 of 26; Section 02300A ofrhls documminr) Dollars & Cents per LS S $ 5pagntston dam Number found in Ina Ga of Pun WOrlh &andald SpedficMi01?'+ ra 5veet and 5twm Dann conatuut w PROPOSAL 7 08/14/09 08:50 FAX 871 5724 CITY OF FT WORTH 004/009 PAY APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM OTY PLACE WRITTEN IN WORDS PRICE _ _ _. ILM9UN7 IP 6. 630 LF Trencn Safety (ForSkfmWain IrsmMaf w l Dollars & Cents per LF S $ 7, 3,790 SY 6" Reinforced Concrete Pavement (See Sfwht 4 and 5 of 26; *Spearicabbn ROM 314) Dollars & Cents per SY $ $ 9- 74B SY 7" Reinforced Concrete Pavement (See Sheet 4 or 20: Item Ho of Texas DepeAment of TrwWodatkm Standarl Speorxatkm for -P'W(UdW and Mainkr ou to u Highways, Stroats, and B6dgcz'SpedfkaWn Item 214) Dollars 8 Cents per SY S $ B. 0 SY 6" Reinforced Concrete Pavement (See Sheet 4 or 26; Item 360 of TCOS r]aparbnent of Trsnspodaabn Standard SpPoTmallons for Conshvdion and Marnienance or Highways. Streets, and Brtdpea; ' Spe0*afion Item 914) Dollars & Cents per SY $ $ 10. 1,420 LF 6" x 6" Add -On Concrete Curb (Sue Shrers 4 and of 26; -Specirration item 502) Dollars & Cents per LF $ _ S 11. a SY 6" Reinforced Concrete Flume (See Sheets 4 and 5 of 2e; 'Specncsuon Item 3}4) Dollars a Cents per 5Y $ S 12. 91 SY 5" Reinforced Concrete Sidewalk (Sea Shoots e, 13 and 14 of 26; 'Spec*,4ipn item 504) Dollars & Cents per SY $ S 13, 8 5Y Remove and Replace 5" Reinforced Conerele Sidewalk (See Sheet A of 76; "Spedficalion Item 104) Dollars & Cents per 5Y S $ 14_ 20 5Y 5" Reinforced Concrete Median (See Street 4 of 26; lspo &M oa Item 312) Dollars & Cents per 5Y $ $ Spadrot"on Iwm Nurnnar found in Ue CIty of Fan Worth StanUto apaottl%ilk)ns Ior3hae4 en4 Slam OrsYn CaMRINon PROPOSAL 2 08/14/09 08:50 FAX 871 5724 CITY OF FT WORTH 0 005/009 PAY AOROX UNIT DESCRIPTION OF ITEM$ WITH BID UNIT TOTAL ITEM ,Q-rY LwORDs —,�F �T BID�N 15, 180 LF Flex Base - 2' x 6" Shoulder (See ShoW 5 of 26;'Spea(watiw+ hem 20) Dollars & _ Cents per LF S S 16. 4,890 SY Lime Treatment - Existing Material (6 inch - 30 LB)SY) (See Sheet 10 of26; •Spec*atian Item& 204 and 210) Dollars & Cents per SY 5 $ 17. 101 LF 12" Schedule 40 PVC Pipe for Storm Drainage (Sea Sheet a of 26) Dollars $ Cents per LF $ S 4• is. 288 LF 21" RCP Culvert Pipe (See SAWS 7 and 6 of 26; •Spedf align Item 440) ' Dollars $ Cents per LF $ _ $ 19. 224 LF 24" RCP Culvert Pipe s (See Sheet 7 o(26; •Spodscafion Item 440) Dollars $ Cents per LF S $ 20, 1 EA 24" Sloping Reinforced Concrete Headwall (See Sheet 7 of 26; Section 03300 of INS document •Spac,&afian Itom 406) r Dollars $ _ Cents per EA $ $ 21. 3 E-A 30" x 30" Surface Grate Inlet (See Shaer a of 26; SM*n 03300 of INS document, -Spw0k.,tbn Item 405) Dollars & Cents per EA 5 5 22. 1 FA Slandard 10' Curb Inlet (SeaSheer 7 M 26; Seddon 03300 of Kris doaunenl; •SpecMfcedon ttsm 406) Dollars & Cents per EA $ $ 23. 1 EA Connect to Existing Area Prain (See Sheer 5 of 26) ... Dollars & Cents per EA $ $ • Spedr�caYan INm NWlber round In me Gb of Fan worm etorbird 5pedfiwfiax let etraal one Sloan Drnin GMlrtacllen MIRMn, 3 08/14/09 08:50 FAX 871 5724 CITY OF FT WORTH 16006/009 PAY APPROX UNIT DESCRIPTION OF ITEW WITH BID UNIT TOTAL ITEM .0Ty PRICE WRITTEN IN WORDS _ _PRICE _ AMOUNT BID 24. 10 TN Hot Mix Asphalt for Tie -Ins (see Sheet 5 of 20;-SOadlcadon Item 212) �, -- Dollars & Cents per TN $ $ 25. 1 EA 5 Foot Square Manhole (Sae Sheet 6 of 26;-gpedrearton Nam 444 and 450) Dollars S Cents per EA $ $ 26. 1 EA Furnish and Install Project Sign - per specifications (Sea Prod sign Designation offh4 documeng Dollars & Cents per EA S $ 27. 8,000 SY Seeding - per specifications (See Sheela 7 and 9 of 26; Section 02930 of tMe document,, Sjxdffca6an Ifem 120) — Dollars & Cents per SY $ $ 28, 400 SY Sodding - per spWficatlons (See Sheets 7 and 9 of 26. Seam 02640 df thl8 document 'Specification Item 119) - Dollars & Cents per SY $ $ 29. 120 LF 3" PVC Schedule 40 Conduit y (See Sheets d, and 13 020;-Specdbafan Item 522) Dollars & — Cents per LF $ $ 30. 4 EA 12"x 5"x 6' Concrete Wheel Stops (See Sheet 13 and 14 of 26) Dollars & Cents per EA $ $ 31. 2,100 LF Striping - Hot Applied Thermoplastic Reflective Pavement Markings -100 MIL - 4' White W/ Type if Beads (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) (see Sheets 13 and 14 of 26) — Dollars & Cents per LF $ $ 32. 200 LF Striping - Hot Applied Thennoplastle Reflective Pavement Markings -100 MIL - 4' Yellow WI Type 11 Beads (TxDOT DMS 8220) (Beads -TxDOT DMS 8290) (sea Sheets 13 or 26) Dollars & Cents per LF $ $ • spedri ;a6m Hem Numlr kund In Inc Gy of Foil WOI6M 51MUrd 8pe itImtk m for Steel and Sprm Crtln Conwwlion PROPO3AL 4 08/14/09 08:51 FAX 871 5724 CITY OF FT WORTH 2 007/009 PAY APPROX UNIT DE$C�� ITEM _QTY PRICE VlrRfTTEN IN WORDS PRICE AMOUNT BID 33. 5 EA Hot Applied Thermoplastic Reflective Pavement Markings ADA Symbol W/ Type II Beads -100 MIL - (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) fSce Sheets 13 offd 14 OF 26) Dollars & Cents per FA S $ r 34, 2 EA Hot Applied Thernoplasllc Reflective Pavement Markings Straight Ahead Arrow W/ Type 11 Beads - 100 MIL - (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) (8co Sheet 13 0126) Dollars & Cents per EA $ S " 35. 1 EA Hot Applied Thermoplastic Reflective Pavement Markings Righl Tum Arrow Wl Type II Beads -100 MIL. (TxDOT DMS 8220) (beads - TxDOT DMS 6290) (See Sheet 13 or 26) Dollars & Y Cents per EA S S 36, 3 PEA Hat Applied Thermoplastic Reflective Pavement Markings The Word "Only" W/ Type 11 Beads -100 MIL - (TxDOT DMS a220) (Beads - TxDOT DMS 8290) (See Sheet i3 of 26) Dollars & Cents per EA $ $ s - 37. 5 EA Handicap Parking Sign (,See sheet 14 of 26) Dollars & Cents per EA S S 38. 1 EA Van Accessible Sign With Fine Advisory Panel (See Shah 14 of 26) Dollars & Cents per EA S 39. 2 6A NO Truck Sign (Sex sheers 6 and 13 or 26) .Ir Dollars & Cants per EA S $ 40. 2 Construction Change Allovrance $ $ 20,000.00 TOTAL BASE BID • specirmlim Item Number burnd it I M MY of Fan Wroth Slandefd SpeGMAUans for Sas"t ead 910rm ohm Canelrw en PROPOSAL 5 t� 08/14/09 08:51 FAX 871 5724 CITY OF FT WORTH 048/049 PAY APPROX UNIT bdb>IP-- n-63 OF I T EM WITH 131D UNIT TOTAL. ITEM QTY PRIDE WRITTEN IN WORDS PRICE AMOUNT BID DEDUCT ALTERNATE OMITTING 24 PARKING STALLS & ADDING FLEX BASE SHOULDER 41 A. 480 SY Lime Treatment - Existing Material (6 inch - 30 LB/SY) (See ShacM 4 en0 5 of 26J Dollars & Cents per SY S $ 42A. 434 SY 6" Reinforced Concrete Pavement (See Sheets 4 and 5 er26) Dollars & Cents per SY $ $ 43A. 260 LF 6' x 6' Add -On Concrete Curb (Soo Shm a 4 end 5 CI20) Dollars & a� Cents per LF $ g 44A. 230 LF Flex Base - 2' x 6" Shoulder (Scc Sheets 4 and 5 of 2e) Dollars & —Cents per LF $ $ TOTAL DEDUCT ALTERNATE BID g (Sum of Items 41A, 42A & 43A less Item 44A) TOTAL BASE BID MINUS DEDUCT ALTERNATE 810 $ M ra VNE M spadf -a" Liam Nw"r faun In Ina Cly of Pan Worn aiwxk d Syubfrmreps far 2ML end' n Drain Conetuafo„ PROPoaAL 0 100 - 08/14/09 08:51 FAX 871 5724 CITY OF FT WORTH 009/009 tt� TOTAL BASE BID MINUS ALTERNATE BID It is anticipated that all of the proposed pavement and parking well be constructed, but the parks and Community Services Department may choose to omit the parking Identified on the Plan Sheets as "Alternate Parking". The Deduct Altemate shown above is provided In order that the City may adjust final paving quantIves. a A. This contract issued by an organization that qualifies for exemption pursuant to the provisions of Article 20,04 (F) of the Texas Limited Sales, Exciee and Use Tex Act 13. The Contractor performing this contract may purchase, rant or lease all materials, supplies, equipment used or consumed in the performance of the contract by Issuing to his supplier an exemption certificate In lieu of the tax, said exemption certificate complying with state Comptroller's ruling tax, said exemption certificate complying with State Comptroller's ruling #9"-07. Any such exemption carUflcate issued by the Contractor In lieu of the tax shall be subject to the provisions of the State Comptroller's ruling 0995.09 as amended to be effective October 2, 1988. C. The undersigned assures that Its employees and applicants for employment and those of any labor organ'tzatlon, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278, ss amended by City ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discdminadon in employment practices. D. The undersigned agrees to complete all work covered by these contract documents within Fifty Lso Working pays after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the Federal Wage Rates. E. Within ten (10) days of receipt of notice of accaplance of this bid, the undersigned will execute the format contract and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of Dollars (3 ) Is to become the property Of the City of Fort Worth, tt� Texas, or the attached Bidder's Bond is to be forfetted in the event the contract and applicable bonds are not executed within the time set form, as liquidated damages for delay and additional work caused thereby. F. In case of ambiguity or lack of clearness in stating prices in the Proposal. the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is hereby acknowledged of the following addenda: No. t No- 2 - No. 3 No. 4 M Respectfully submitted, (Company Name) By (Authorized Signature) Date: Address: Telephone: ( ) - $paclrkaUon item Nw,oer round to the City or Fan wonh Slw.i+rd sp=L1=6w* far $y"t and Slow„ DrWg r..onstrudan PROPOSAL 7 08/19/09 12:17 FAX 871 5724 CITY OF FT WORTH Z 002/003 ADDENDUM #2 -r Greenway Park Road and Parking Lot Improvements C200 / 541600 / 802370029480 C282 / 541600 / 802370029480 •• DOE# 6244 August 19, 2009 .. TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. REFER TO SPECIFICATIONS AND CONTRACT DOCUMENTS MANUAL A. Replace Bid Proposal Sheet 5. Refer to Attached (Pay Item No. 40, 9LS) END OF ADDENDUM # 2 Bid Opening Date: August 20, 2009 Acknowledge the receipt,5tNs Addendum on your Proposal, By: - Carlos Gonzal roject Manager Release Date: August 19, 2009 •{ 08/19/09 12:17 FAX 871 5724 CITY OF FT WORTH 2 003/003 PAY APPROX UNIT DESCRIPTION OF ITEms wrH Bin UNIT TOTAL M� ITEM �q�r PRICE WRITTEN IN WORDS PRICE _ _ _ AMOUNT BID 33. 5 EA Hot Applied Thermoplastic Reflective Pavement Markings ADA Symbol W/ Type II Beads -100 MIL - (rxDOT DMS 8220) (Beads - TxDOT DMS a290) r (Sao Sheete 13 And 14 of 26) Dollars & Cents per EA $ $ 34, 2 EA HOt Applied ThermOplastk Reflective Pavement Markings Straight Ahead Arrow W1 Type II Beads - 100 MIL - (TxDOT DMS 6220) (Beads - TxDOT DMS 82BO) (See Shee! 13 of 26) Dollars Cents per EA $ 3 35, 1 EA Hot Applied Thermoplastic Reflecdve Pavement Markings Right Turn Arrow W/ Type 11 Beads -100 MIL- (TxDOT DMS 6220) (Beads - TxOOT DMS 8290) (See Sneer 19 of 26) Dollars & .,� Cents per EA S $ 36, 3 EA Hot Applied Thermoplastic Reflective Pavement Markings The Word "Only' W1 Type 11 Beads - 100 MIL - (TxDOT DMS 8220) (Beads -TxDOT DMS 8290) (Sec Shea 13 of 28) Dollars & Cents per FA $ $ 37. 5 EA Handicap Parking Sign (Sa Shut 14 d26) tr Dollars & Cents per EA $ 3 ewt 38. 1 EA Van Accessible Sign With Rne Advisory Panel (Sec Shea 14 026) Dollar6 � Cents per EA $ 39. 2 EA No Truck Sign (Sao Shoots 6 and "of 29) .� 40. 1 LS Construction Change Allowance TOTAL BASE BID 111111111 Dollars & Cents per EA 3 $ LS 3 20,000.00 $ 20,000.00 • SpedrkmUon Itam Numbef found in 41O OMy of Fan Worm Standard Speanraaons tar Street mid SLarm Drain ConetruNian PROPQ3gL TABLE OF CONTENTS 1. NOTICE TO BIDDERS - 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 5. CITY OF FORT WORTH PREVAILING WAGE RATES 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. PROJECT DESIGNATION SIGN 10. GEOTECHNICAL REPORT 11. TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS 01100 - Summary of Work 01135 - Contract Time 01140 -Alternatives 01150 - Payment to Contractor 01300 - Submittals 01400 - Quality Control 01410 - Testing 01500 - Temporary Facilities and Controls 01640 - Substitutions and Product Options 01700 - Project Closeout 01800 - Contractor's Responsibility for Damage Claims DIVISION 2 - SITE WORK 02200 - Site Preparation 02200A - Demolition, Clearing and Grubbing 02300 - Earthwork 02300A - Miscellaneous Excavation, Fill, Grading and Cleanup 02840 - Turf Sodding 02930 - Seeding DIVISION 3 — CONCRETE 03300 - Cast -in -Place Concrete DIVISION 7 - THERMAL & MOISTURE PROTECTION 07920 - Caulking and Sealants 12. CERTIFICATE OF INSURANCE 13. BIDDER'S STATEMENT OF QUALIFICATIONS - 14. PERFORMANCE BOND 15. PAYMENT BOND 16. MAINTENANCE BOND 17. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: (Project) Greenwav Park Road and Parkinq Lot Improvements PROJECT NO. C200 / 541600 / 802370029480 C282 / 541600 / 802370029480 DOE. 6244 Addressed to the City of Fort Worth, Purchasing Division, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311 and received at the Purchasing Office until 1:30 p.m., < < Thurs., August 20, 2009, and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2"d floor — N.E. corner of City Hall. Plans, Specifications and Contract Documents for this project may be obtained at the Park Planning section, Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. Documents will be provided to prospective bidders for a deposit of $50 per set; deposits shall be made in the form of a check or money order. Each prospective bidder shall receive a deposit refund on the first two plan sets if the documents are returned in good condition within 10 days after bids are opened. Any additional plan sets shall require a non-refundable deposit. These documents contain additional information for prospective bidders. 1. Wage Rates: All Bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 2. Minority / Women's Business Enterprise Participation Goals: In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the MWWBE Office or from the Office of the City Secretary. The bidder shall submit the MBE / WBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and / or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2"d floor, City Hall, and shall obtain a receipt in person. Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of MWBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non -responsive. The following list is provided to assist bidders in obtaining the services of MWWBE vendors qualified to provide such services/materials for this project. A listing of qualified MWWBE vendors may be obtained at the City of Fort Worth MWWBE office, 3rd floor City Hall. Services/materials for this Droiect are as follows: demolition/site prep sodding steel rebar asphalt rcp storm drains clearing/grubbing concrete site furnishings flexible base storm drain inlet The City's minimum M/WBE goal on this project is 15 this contract. grading/earthwork seeding earthwork lime stabilized base storm drain manholes % of the total dollar value of 3. Prime Bidder Qualification Requirements: The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications — Special Instructions To Bidders and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub -contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this'project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by an independent Certified Public Accountant. • The Prime Bidder shall perform work its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder's Qualifications are to be submitted and received by the Parks and Community Service Department Project Manager no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. 4. Bid Addendum: Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non -responsive. Information regarding the status of addenda may be obtained by contacting the Project Manager. 5. Pre — Bid Conference: A pre -bid conference will be held with prospective bidders at the Parks and Community Services Offices Conference Room #2 on August 13, 2009 at 9:00 AM. (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. The providing of false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract -- by the contractor which entitles the City to declare the contract terminated if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This �- notice must be printed with a title in at least 30 point bold type and text in at least 19 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: SPECIAL INSTRUCTIONS TO BIDDERS -11- J REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -12- PROPOSAL INS TO: Mr. Dale A. Fisseler, P.E. City Manager Fort Worth, Texas 100 FOR: Road and Parking Lot Improvements at Greenway Park C200 / 541600 / 802370029480 DOE NO. 6244 C282 / 541600 1802370029480 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughty examined the plans, specifications, and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Parks and Community Services Department Director of the City of Fort Worth. The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line so item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further, by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and fumish, if applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to wit: PAY " APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QTY PRJCIFPPJTTEN IN WORDS PRICE AMOUNT B)p BASE BID MEN 000 no 000 UNIT ONE - GREENWAY PARK 1 1 LS Mobilization (See •specrficahon a 101) 4-k )Q-"-w itL p ')vl�litrCo/1 7 I y� Dollars& Cents LS $ �S O per ,�. s� . 1 2. 1 LS Demolition, Clearing And Grubbing (See Sheer 3 of 26; Section 02200A of Ow document bon Items 102 and 104) t ►)l►nG4Ne�J ti' 1 LS $ as Q 5oa $ R S- `r /�c/'cc-" C+ Centers per 1 r � 3. 1 LS Stormwater Pollution Prevention Plan and Erosion Control Implementation (See Sheets 2, 15 and 16 of 26) Sc��,,, t r(,C� `i�i,`t' `� Dollars & y �D, Cents per LS $ I I� 4. 1 LS Traffic Control Plan and Implementation (See Sheets 19 thru 2Q; 5peaficd6on m 524) --hrce, -how_ q Cents LS S A.41P) per f f 5. 1 LS Miscellaneous Excavation, Fill, Grading and Cleanup (See Sneed 4. 5, S. and 9 of 26_ 7023WA of (hfa docuffW9) t) Y 1/�rGr/ I Dollars & Cents LS $ ' s j 2 t/O per 1 Spacdoabm hem NunthW found Mew City of ton W offh StwxkM Spaofwabw% for Straw a d Storm Dram Gmx WcW. PROPOSAL i PAY APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM DTy PRICE WRITTEN IN WORDS PRICE AMOUNT BID IM — - 6. 630 LF Trench Safety (For Storm Drain Installation) 11ar I Dollars & �G Cents per LF $ $ 7. 3,790 SY 6" Reinforced Concrete Pavement (Sae Shoats 4 and 5 of 26, --w fication Item 314) �L✓�+�`�V Z -G Dollars & n/u Cents per SY $ otS� $ r ra 8. 748 SY 7" Reinforced Concrete Pavement (See Sheet 4 of 26,' Item 360 or Texas Department or Transportation Standard Specifications for Construction and Maintenance of Highways, St/nets, and Bridges;'Speakation Item 314) 41ig ,1 r''/V a Dollars &IM � JG 3 1 n�_ A's m Cents per SY $ � • $ o IM IM e- 9. 0 SY 8" Reinforced Concrete Pavement (See Sheet 4 of 26, Hem 360 or Texas Department of Transportaton Standard Specifications for Constnxfion and Maintenance of Highways, Streets, and Bridges •Specification Item 314) Dollars & � Cents per SY $ A,�/E'3�'d` 10. 1,420 LF 6" x 6" Add -On Concrete Curb (See Sheets 4 and 5 of 26; *Specification ftem 502) V f Dollars & /V a Cents per LF $ YT. 11, 8 SY 6" Reinforced Concrete Flume (See Sheets 4 and 5 of 26, 'Spea6caton Item 314) Dollars & Sv �Y Cents per SY $ 12. 91 SY 5" Reinforced Concrete Sidewalk (See Sheets S. 13 and 14 of 26, 'Specification Item 504) /ePY4`7 Dollars& / u Cents SY $ � 7 H per , 13. 8 SY Remove and Replace 5" Reinforced Concrete Sidewalk (See Sheet 6 of 20, 'Speaficatan Item 104) G Douars & 3 7' ^ h Cents per SY $ 14. 20 SY 5" Reinforced Concrete Median (.See Sheet 4 of 26, 5pedlicafion Item 517) e�c � i j5 Dollars & ti.r' Cents per SY $ 3 $ CIO. — ' SpecrrwaLon Mm 4wnbw foam M er City of ron WGM SWWW'd Speakabons tar Strwt end Semi Dram Cons4uCion PROPOSAL 2 111111111 PAY gpPROX UNIT 1193CRIPTTON OF ITEMS WITH BID UNIT TOTAL REM QTY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 15. 180 LF Flex Base - 2' x 6" Shoulder (See Sheet 5 of 26, *Specification Item 208) Dollars & 6 6 v e,%A Cents per LF ) w 16. 4,890 SY Lime Treatment - Existing Material (6 inch - 30 LB/SY) (See Sheet 10 of 26. 'Specti6catiar Items 204 and 210) 4, , eV Dollars & I aCQ Cents per SY $ p2 S p{ I ra 17. 101 LF 12" Schedule 40 PVC Pipe for Storm Drainage (See Sheet 8 of 26) One- Dollars & m S Cents per LF $ /� $ / 1& 288 LF 21" RCP Culvert Pipe ra (See Sheets 7 and 8 of 26: 'Speaftation Item 440) YDollars Na! Cents per LF $ 19. 224 LF 24" RCP Culvert Pipe (See Sheet 7 of 26. 5pea/icehon Item 440) ra yX Dollars C� ! iClft✓G nts per LF $ v $ 20. 1 EA 24" Sloping Reinforced Concrete Headwall (See Sheet 7 of 26, Sedbn 03300 at is document, *Specification Gem 406) +� r cL-'�ov5c1 pp-- i-i v L �OY1 i rG Dollars & w J Cents per EA $ � �� 21. 3 EA 30" x 30" Surface Grate Inlet (See Sheet 8 of 26, Sachon 033M ofpis document,,SpecAkerion Item 406) 4k -4�p` %b�oU� v�c� Ov S- IN �C7Dollars & y tir✓ Cents per EA S / D' s )0 3D' � , 22. 1 EA Standard 10' Curb Inlet arR (Sae Sheaf 77 of 20. Sector? 03300 of 1° document, 5peoficahon Item 406) T �hrtG kO-.". . /t � f h ✓1 Cal (C Dollar & All o Cents per EA $ / 3 ' 23. 1 EA Connect to Existing Area Drain (See Sheet 8 of 26) C? n L -Aa)60)yVj Dollars & cx- d0 Cents per EA s arr ' Sp6vkabon rN n Numbs tamd n rtw GOV of Fort Warn Sfarrira SpwkAw s fw $we* *nd 3lwm Dren Co uuctiwi PROPOSAL 3 M M fri 01111111 PAY APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM DTY PRICE WRITTEN IN WORDS PRICE AMOUNT BID _ 24. 10 TN Hot Mix Asphalt for Tie -Ins (See Sheet 5 of 26,-gmcificafan Item 312) © VIC- 6 - ?AX Dollars & I N� Cents per TN $ $ 25, 1 EA 5 Foot Square Manhole (See Sheet 8 of 26, 'SpecitIcalbri Items 444 and 450) Dollars 8 .I;� v Cents per EA $ LD' $ / • 26. 1 EA Fumish and Install Project Sign - per specifications (SeesPftWct Sign Designation of this document) L .(] �)0✓112�� �► r Dollars &Ste Cents EA $ $ - At .e per p` 27. 8,000 SY Seeding - per specifications (See Sheets 7 and 8 of 26, Section 02930 of this document; 'Specification Item 120) Dollars -- sago r �.' x ��i r K Cents per SY $ ' $ r 28. 400 SY Sodding - per specifications (See Sheets 7 and 8 of 26; Section 02840 of this document; 'Specification Item 118) t Dollars & 3• I 3 f�0r1. Cents per SY $ $ ( f0 29. 120 LF 3" PVC Schedule 40 Conduit (See Sheets 4, and 13 of 26, "Specdicadon Item 522) a Dollars & N e.,) Cents per LF S $ (� 30. 4 EA 12"x 5"x 8' Concrete Wheel Stops (Sea Sheet 13 and 14 of26) �wG✓�'y T / VC` Dollars & // Cents EA $ NU vim' S • $ �W dQ' per pZ 31. 2,100 LF Striping - Hot Applied Thermoplastic Reflective Pavement Markings - 100 MIL - 4" White W/ Type II Beads (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) tSee Sheets 13 and 14 of 261 C% Dollars & N 47 �i * v,& Cents LF S % s ©• s I c J per 1 32. 200 LF Striping - Hot Applied Thermoplastic Reflective Pavement Markings - 100 MIL - 4" Yellow W/ Type II Beads (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) (See Sheets 13 of 26) ovi G Dollars & 01- Cents per LF f Sptcft~ flwn Wwn1w tow W m fht City or Fan Wanh Sftndwd Sptaksbcm for SYett wid Srom Orton CoMaucaon PROPOSAL 01111111 - PAY APPROX UNIT DESCRIPTION OF ITEMS WITFI BID UNIT ' ' TOTAL ITEM SiY PRICE WRITTEN IN WORDS PRICE AMOUNT BID 33. 5 EA Hot Applied Thermoplastic Reflective Pavement Markings ADA Symbol W/ Type II Beads - 100 MIL - (TxDOT — DMS 8220) (Beads - TxDOT DMS 8290) Shooft -e h -�-L—o � 5( aM g 1.3 Cents per EA S f 34. 2 EA Hot Applied Thermoplastic Reflective Pavement Markings Straight Ahead Arrow W/ Type 11 Beads - 100 MIL - (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) ISme Smoot 13 Of 26 — S%K4j' I V_Dollar & C- �5, I 3(_7' ti,w Cents per EA f f ! 35. 1 EA Hot Applied Thermoplastic Reflective Pavement Markings Right Turn Arrow W/ Type 11 Beads - 100 MIL - (TxDOT DMS 8220) (Beads - TxDOT DMS 6290) — Isom Show 13 of 26) VG C� S cvc v ! Dollars 8 Cents EA S ���• � S 7S7 per - 36. 3 EA Hot Applied Thermoplastic Reflective Pavement Markings The Word "OW W/ Type If Beads - 100 MIL - (TxDOT DMS 8220) (Beads - TxDOT DMS 8290) (Sem Sher /3 or26) Dollars a J y Cents per EA S f — 37. 5 EA Handicap Parking Sign (Soe Shot 74 of 26) / i �0 G% Cents per EA $ f — 38. 1 EA Van Accessible Sign With Fine Advisory Panel (See Sheer 71 W 26) c-I vL Dollars a ,✓.0 Cents per EA OG $ c>G 39. 2 Ell No Truck Sign (See Shemla 6 end f3 pr2fi) 1 ������ ✓� =¢a vvG ti V Cents per EA f $ • — 40. 1 LS Construction Change Allowance LS S 20,000.00 $ 20,00000.00 v/—�— TOTAL BASE BID J 6 �✓ �' �� • Sp•a %a ern Nwbw bane a er C•r d Fart Wares St—Wo Spwdi— br 6tm w4 5b Orel Cmu cb- PAGPQ.S�L 5 ra r� i a%1Y APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT ITEM _Qjy PRICE WRITTEN IN WORDS PRICE DEDUCT ALTERNATE OMITTING 24 PARKING STALLS & ADDING FLEX BASE SHOULDER 41A. 480 SY Lime Treatment - Existing Material (6 inch - 30 LB/SY) (See Sheets 4 and 5 or 26) 5� Dollars & Cents per SY $ 42A. 434 SY 6" Reinforced Concrete Pavement (See Sheers 4 and 5 or 26J �X_-Cn ��C� C. y Dollars & Cents /�� $ N ev per SY O( 43A. 260 LF 6" x 6" Add -On Concrete Curb (See Sheets 4 and 5 o/ 26) ©h G Dollars & I — iLv Cents per LF $ ' 44A. 230 LF Flex Base - 2' x 6" Shoulder (See Sheets 44 and 5 or 26) _ ,k r Dollars & —7 5 t-vCents per LF $ � TOTAL DEDUCT ALTERNATE BID (Sum of Items 41A, 42A & 43A less Item 44A) TOTAL BASE BID MINUS DEDUCT ALTERNATE BID SpetfK*Wn tWn Num w Mud n Nw C!y of Fon Worth SWidud SgecrFeS nt for St" trd Sturm Drw CaxtvtYon PROPOSAL 6 TOTAL AMOUNT BID TOTAL BASE BID MINUS ALTERNATE BID It is anticipated that all of the proposed pavement and parking will be constructed, but the Parks and Community Services Department may choose to omit the parking identified on the Plan Sheets as "Alternate Parking". The Deduct Alternate shown above is provided in order that the City may adjust final paving quantities. A. This contract issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. B. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling tax, said exemption certificate complying with State Comptrollees ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95.09 as amended to be effective October 2, 1966. C. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7276, as amended by City ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. D. The undersigned agrees to complete all work covered by these contract documents within Fifty 60 Working Days after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner and to pay not less than the Federal Wage Rates. E. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of Dollars (S ) is to become the property of the City of Fort Worth. Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. F. In case of ambiguity or lack of clearness in stating ig itY g prices in the Proposal, the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. G. Receipt is he acknowledged of the ng addenda: No.1 No.2 1 No.3 No.4 Respectfully submitted, (Company am) By (Autho " ignature) Date: > q Address: r• l_"T =q Telephone: spodbubon lwm N.Tbv land ie be cdr or Fore worn SWnard SpecNoeb" ex sew w smne Dr courw9w PROPOSAL r w VENDOR COMPLIANCE TO STATE LAW Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. In A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. 49 Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. ® Please Check or mark with an "X" BIDDER: McClendon Construction Co., Inc. McClendon Construction Co., Inc. P.O. Box 999 P.O. Box 999 Burleson, TX 76097 By. Burleson, TX 76097 Company (please print) Signature: ,( _ (please print) 1 Title: dJGc �'1 (please print) City / State Zip THIS FORM MUST BE RETURNED WITH YOUR QUOTATION VENDOR COMPLIANCE TO STATE LAW r —w ATTACHMENT 1A Page 1 of 4 4a FORrWO Ri ti City of Fort Worth Subcontractors/SuDDlierS Utilization Form PRIME COMPANY NAME: McClendon Construction Co, Inc PROJECT NAME: Greenway Park Road and Parking Improvements City's M/WBE Project Goal: I Prime's M/WBE Project Utilization: 15 % 20.6 % Check applicable block to describe prime M/W/DBE I I NON-M/W/DBE BID DATE August 20, 2009 PROJECT NUMBER DOE # 6244 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MMIBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. 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 MMIBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5130/03 ATTACHMENT 1A M Y FORT WORTH 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 MMIBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D w E E R O B C T E A Klutz Construction PO Box 100263 Drainage Ft Worth TX 76185 1 x x Construction 817/921-0990 Fax 817/921-0990 M E Burns Construction PO Box 783 Drainage Burleson, TX 76097 1 x x Construction 817/447-0292 Fax 817/447-0207 Green Scaping 8917 Cardinal Lane Sodding/ N Richland Hills, TX 76180 1 x x x Hydromulch 817/577-9299 817/577-9331 Ricochet Fuel Distributors 1201 Royal Pkwy Euless, TX 76040 1 x x 817/268-5910 _FAY 217/7R9-7d47 Fuel $15,650.00 $31,991.00 $6,640.00 $2,025.00 Rev. 5/30/03 i ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and nonNIMEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N ° SUBCONTRACTOR/SUPPLIER T (check one) N T n Detail Detail Company Name Address I e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D R O B E E C T E A ` Southwest Const Services 11430 Newkirk St Silicone $2,463.00 Dallas, TX 75229 1 Joint Seal -- 214/879-9948 Fax 214/545-5402 Southern Star Concrete 8505 Freeport Pkwy Ready -Mix $60,166.00 Irving, TX 75063 1 Concrete 972/621-0999 Barnsco, Inc ... 2609 Willowbrook Rebar Supplier $13,243.00 Dallas, TX 75220 1 ; 214/352-9091 Fax 214/379-0341 Beall Lime Co 1100 West Parkway Hydrated Lime $9,248.00 Euless, TX 76040 1 Slurry -� 817/835-4000 Rev. 5/30/03 ATTACHMENT 1A FOR oRIH Page 4of4 Me Total Dollar Amount of M/WBE Subcontractors/Suppliers $ $56,306.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ $85,120.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $141,426.00 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/ BE 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. Auth rizei9ignature President Title McClendon Construction Co, Inc Company Name PO Box 999 Address Burleson, TX 76097 Citylstateop Dan McClendon Printed Signature Contact NamelTitie (if dBferent) 81 71295-0066 Telephone and/or Fax dan@mcclendonconstruction.com E-mail Address August 21, 2009 Date Rev. 5/30103 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 M M Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine %erator Concrete Paving Finishing Machinerator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Fla ger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipelayer j Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self -Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy -Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi -Trailer Truck Driver, Transit -Mix Wagon Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 $13.99 $12.78 $11.01 $ 8.80 $14.15 $ 9.88 $13.22 $12.80 $12.85 $13.27 $12.00 $13.63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $11.63 $11.83 $13.67 $16.30 $12.62 �$9.18� j $10.65 $16.97 $11.83 $11.58 $15.20 $14.50 $14.98 $13.17 $10.04 $11.04 $14.86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 I $14.93 $11.47 $10.91 $11.75 $12.08 $14.00 $13.57 $10.09 M 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY AC Mechanic $21.69 Plumber $20.43 AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/Stone Mason $19.12 Roofer $14.00 Bricklayer/Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 Carpenter 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 Crane, Clamsheel, Backhoe, Derrick, D'Line Drywall Taper $13.00 Shovel $17.76 Drywall Taper Helper $9.00 Forklift $12.63 Electrician (Journeyman) $20.20 Front End Loader $10.50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electronic Technician Helper $12.00 Welder Helper $9.75 Floor Layer (Resilient) $20.00 Floor Layer Helper $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator $14.78 Insulator Helper $11.25 Laborer Common $10.27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper $8.00 Pipefitter $18.85 Pipefitter Helper $12.83 Plasterer $17.25 Plasterer Helper $12.25 WEATHER TABLE AVERAGE DAYS INCHES SNOW/ICE MONTH RAINFALL (1) RAINFALL (2) PELLETS (3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 MARCH 7 2.54 APRIL 9 4.30 0 MAY 8 4.47 0 JUNE 6 3.05 0 JULY 5 1.84 0 AUGUST 5 2.26 0 SEPTEMBER 7 3.15 0 OCTOBER 6 2.68 0 NOVEMBER 6 2.03 0 DECEMBER 7 1.82 ANNUALLY 80 32.30 1 (1) Average normal number of days rainfall, 0.01 " or more. (2) Average normal precipitation. (3) One inch (1") or more. * Less than one-half inch (1/2"). Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport, Fort Worth, Texas, covering a period of 18 years. Latitude 32" 50' N, Longitude 97' 03' W, elevation (ground) 537 ft. TO,i,HE EMPLOYER/CON'1'KACTOR: Pursuant to Texas Worker's Compensation Commission Rule 110. 1 10(d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this rule does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Commission rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer's employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and (5) contain the exact words as prescribed in Rule 110.110(d)(7) without additional words or changes. The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and commission rules. The violator may be subject to administrative penalties. REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. COBERTURA REQUERIDA DE COMPENSACION PARA TRABAJADORES La ley requiere que cads persona trabajando en este sitio o proporciona servicios relacionados con este proyecto de construccion tiene que estar cubierto por aseguranza de compensacion para trabajadores. Esto incluye personas que proporcionan, cargan, entregan equipo o materiales o proporcionan mano de obrra, tra.nsportan, o cualquier servicio relacionado con este proyecto, sin considerar la identidad del patron o estado del empleado . Llame a la Comision Tejana de Compensacion para Trabajadores al 512-440-3789 para recibir informacion de los requerimientos legales de cobertura, para verificar si su patron le ha proporcionado la cobertura requerida o para reportar falta del patron en proporcionarle cobertura. SCALE: NTS FILE NO. 000 4, i 14� 4" FORTWORTH 3 ` 1• 4 3" 3" Project Title 3" 2ND LINE IF NECESSARY 3" 12" Contra 'sNametor: 1• 21• Co t acton r r I"- 4 4 r-UNDED BY • .f ,n —�2004 CAPITAL IMPROVEMENT PROGRAM �T �• I ,. 4 ? IF NECESSARY 4" } City Gas Lease ,Revenue in Action lift �2• 1. Scheduled Completion Date4�" 12• -� Year ' 2 34' FONTS: NOTES: FORT WORTH LOGO IN CHELTINGHAM BOLD FORT WORTH GAS LEASE LOGO CAN BE ALL OTHER LETTERING IN ARIAL BOLD PICKED UP AT FORT WORTH CITY HALL REPROGRAPHICS.. COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 LETTERING - PMS 288 BACKGROUND -WHITE BORDER - BLUE PROJECT DESIGNATION °'"°"F°1?` WORM, TAS PARKS AND COMMUNITY v SIGN SERVICES DEPT. GEOTECHIVICAL STUDY A Geotechnical Engineering Study for this project has been prepared by CMJ Engineering and is available for inspection by contacting Neel -Schaffer, Inc. at (817) 870-2422. DIVISION 1- GENERAL REQUIREMENTS - SECTIONS TECHNICAL SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS SECTION 01100 - SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment, materials and incidentals necessary and complete all work as described in the plans ,- and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: GREENWAY PARK - ROAD AND PARKING IMPROVEMENTS These plans and specifications were prepared by Neel — Schaffer for the Parks and Community Services Department. The Transportation & Public Works Department will administer the contract and furnish inspection. In addition to project performance stated above, the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. 3. Obtaining all necessary permits applicable to this project through the City of Fort Worth Planning and Development Department — Development Division — Plans Exam. Permit fees shall be waived. Anv proposed item below noted in either a. or b. and is part of the proiect scone shall recuire a hermit: a. Shelter / Bridge structure — Building Permit b. Water fountain — Plumbing Permit .. The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth, Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in those .- documents are contrary to this publication, this publication shall govern. In case of conflict between plans and specifications, the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department , 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas. GENERAL REQUIREMENTS -I- The Contractor shall be responsible for obtaining permits when either water or electrical service is required for the project and give all notices necessary and incidental to the due and lawful prosecution of the work. SECTION 01135 - CONTRACT TIME 1.01 PROGRESS AND COMPLETION Upon receipt of a notification letter and the executed construction contract, the Contractor shall be responsible for scheduling a preconstruction conference, which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference, a construction start date shall be established and indicated in the Notice to Proceed (Work Order) issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days allowed, to include contract time specified at award of contract plus any additional contract time added through executed Change Orders. If project construction exceeds the allotted contract time, liquidated damages will be assessed on the total amount of contract, to include contract amount increases due to Change Order work, as stipulated in the Citv of Fort Worth Standard SDecification for Street and Storm Drain Construction — Item No. 8.6 — Failure to Complete Work On Time: Pu. 27 - 28. Amount of Contract $50,000 - $100,000 $100,001 - $500,000 $500,001 - $1,000,000 $1,000,001 - $2,000,000 $2,000,001 - $5,000,000 Liquidated Damages Per Dav $154 $210 $315 $420 $630 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. GENERAL REQUIREMENTS -2- SECTION 01140 - ALTERNATIVES The City reserves the right to abandon, without obligation to the contractor, any part of the project (subject to conditions set forth in Section 01150 - Payment to Contractor) or the entire project at any time before the Contractor begins any construction work authorized by the City. _ SECTION 01150 - PAYMENT TO CONTRACTOR, PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, subcontracts, labor, tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the action of the elements, or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright, and for completing the work according to the plans and/or specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense, the defective parts of the construction or to replace any defective materials used in the construction, ,., and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. no no 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1 st day and 15th day of each month that the work is in progress. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. GENERAL REQUIREMENTS .3- no 1.04 The Citv reserves the right to withhold the oayment of anv partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage - For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of $400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work, less retainage, from the City, on each partial payment period. T Payment of the retainage will be included with the final payment after acceptance of the project being complete. 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1 et sec (1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or -- invalidating any conditions or provisions of the Contract Documents. 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor, that is authorized and approved by the City Engineer, will be paid for under "Change orders" made in the manner hereinafter described, and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, subcontracts, materials, tools, equipment and incidentals, and for all supervision, insurance, bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of "Change orders" to be selected by the .. City: GENERAL REQUIRWENTS -4- A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. - - - ---- - -- ._.. - -- — .... ..... -- B. Method "B". By a lump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work, plus 15 percent as described herein below, agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen, foremen, timekeepers, mechanics and laborers working on said project; all used on such extra work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds, public liability, workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the City Engineer access to all accounts, bills, invoices and vouchers relating thereto. 1.10 DELAYS: 1f delay is caused by specific orders given by the City to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof. GENERAL REQuimm rs -5- 1.12 TRANSPORTATION: No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men, materials or equipment will be allowed. 1.13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding (1) final quantities, or (2) liquidated damages, the City shall make a progress payment in the amount that the City deems due and payable. On projects divided into two or more units, the Contractor may request a final payment on one or more units which have been completed and accepted. On delivery of the final payment, the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY: The Contractor shall be responsible for defects in this proiect due to faulty workmansJ fi) or materials. or both. for a period of two (2) years beainnjne as of y the date that the final punch list has been completed and the proiect accepted by the City as of.the date the final punch list has been completed, as -evidenced by a written statement sieved by the Contractor and the City. The contractor will be required to replace, at own expense. any part, or all. of this oroiect which becomes defective due to these causes. SECTION 01300 - SUBMITTALS Prior to construction, the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment (if applicable) and project clean-up. The Contractor shall submit to the Project Manager shop drawings, product data and samples required in specification sections. Refer to Section 01640 — 1.02. SECTION 01400 - QUALITY CONTROL The Contractor will receive all instructions and approvals from the Director of Engineering _ and/or his assigned inspectors. The inspector will be introduced to the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or GENERAL REQUIREMENTS -6-- paid for. Final approval for the finished project shall be given by the Director of Engineering, City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 - TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best .. information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet, shall be placed inside and outside vehicles such as cranes, derricks, power shovel, drilling rigs, pile drivers, hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage -type guard about the boom or arm, except backhocs or dippers, and insulator links on the lift hood connections. When necessary to work within six feet of high voltage electric lines, the Contractor shall notify power company (TU Electric or the appropriate power supplier) to erect temporary mechanical barriers, de -energize the line, or raise or lower the line. The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. GENERAL REQUIREMENTS -7- SECTION 01640 -PRODUCT OPTIONS 1.01 GENERAL For review and approval of products to be used on this project, send submittals to: Carlos Gonzalez, Project Manager (817) 871-5734 Parks and Community Services Department 4200 S. Freeway Suite 2200 Fort Worth, Texas 76115-1499 1.02 PRODUCTS LIST A. Within five (5) Working Days after commencement of work, the Contractor shall submit to the Project Manager two (2) copies of complete list of all specified products and submittals for review and approval. B. All specified manufacturer's products listed in the Equipment Schedule in the construction plans have been previously reviewed and approved in conformance to _ playground prototype designs approved for use in the City of Fort Worth. C. All equipment specified (composite play structures, arch swings, buck -a -bouts, spring animals, whirls) which comprise the various playground prototype options has been designed to conform to both the Consumer Product Safety Commission (CPSC) guidelines and Americans With Disabilities Act (ADA) requirements and as such, no other product _ equipment shall be considered. C. For products specified under reference standards, include with listing of each product: 1. Name and address of manufacturer 2. Trade name 3. Model or catalog designation 4. Manufacturer's data Performance and test data Reference standards = D. Specified material shall not be ordered by the Contractor until such time product material submittals have been received, reviewed and approved by the project consultant _ and / or City. GENERAL REQUIREMENTS -8- SECTION 01700 - PROJECT CLOSEOUT 1.01 CLEAN -UP The Contractor shall make final clean-up of the construction area, to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials, pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be -' disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers, ready -mix trucks, tools, etc., shall take place in an area designated by the Parks and Community Services Department. SECTION 01800 - CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees ., to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damage or death is caused, in whole or in Dart, by the negligence or alleged negligence of -Owner. its officers, servants or - emnlovees. 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 anv such iniury or damage is caused in whole or in Dart by the negligence or alleged negligence of Owner, its offlicers. servants or emnlovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems appropriate, refuse to accept bids on any other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. END OF DIVISION GENERAL REQUIREMENTS .9- DIVISION 2 - SITE WORK - SECTIONS .. SECTION 02200 - SITE PREPARATION 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment and services required for clearing and grubbing, demolition, and removal and disposal of items as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 - Earthwork B. Existing Conditions, Removal and Demolition Items. PART 2 — PRODUCTS 2.01 No products are required to execute this work, except as the Contractor may deem necessary. PART 3 — EXECUTION 3.01 CLEARING AND GRUBBING: go A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general, clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans, all trees and shrubs of three inch (3") caliper or less (caliper is the diameter as measured twelve inches (12") above the ground) and all scrub growth, such as cactus, yucca, vines, and shrub thickets, shall be cleared. All dead trees, logs, stumps, rubbish of any nature, and other surface debris shall also be cleared. D. Buried material such as logs, stumps, roots of downed trees that are greater than one and one half inches (1-1/2') in diameter, matted roots, rubbish, and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches (24") below prOUOsed finished grades. E. Ground cover consisting of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by "blading" off the uppermost layers of sod or root -matted soil for removal. SITE PREPARATION 02200 -1- 3.02 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet (3') of an en existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting, the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty inches (30") in length or width. 3.03 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations, fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation - operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night, the Contractor shall be responsible to provide barriers and / or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and _ demolition shall be known as "waste" or "spoils" and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by subgrade preparation. Unless otherwise specified any _ merchantable items become the property of the Contractor. END OF SECTION SITE PREPARATION 02200 �. -2- SECTION 02200 A - DEMOLITION, CLEARING AND GRUBBING PART I - GENERAL 1.01 DESCRIPTION Work in this section includes removal and disposition of the existing paving and the existing parking lot located near the northwest corner of the park, the ballards from the north portion of the park, the removal of one stump and tree ball and removal of the existing drainage features. The bollards located at the top of the backslope of the ditch along the south side of Pharr Street are to be removed and stored for pickup by the City at the location indicated on the plans east of Greenway Park Drive. 1.02 RELATED WORK The asphalt and the rock from the existing pavement and parking area shall be broken up ._ into pieces smaller than 5" in diameter in order that they may be used as fill for the new roadway and parking lot. There might be other small undetermined items that must be removed before construction can commence. These shall be incidental to this pay item - and, unless otherwise specified by the City, such items become property of the contractor. Prior to placing any embankment, the contractor shall remove vegetation from any and all fill areas and scarify all areas which are to be filled. (See Section 02200.) as 1.03 JOB CONDITIONS The contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users until the completion of the project END OF SECTION SECTION 02200A - DEMOLITION, CLEARING AND GRUBBING -1- SECTION 02300 - EARTHWORK PART 1-GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 - PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments, provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embanlanents outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL On -Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface .. soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less, than the upper six inches (6") in depth. EARTHWORK 02300 -i- an 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the — event that (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off -site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and } no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation — 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 -2- PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTHWORK 02300 -3- 10 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading - plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After - completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other _ methods, and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. EARTHWORK 02300 -4- w D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six (6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1, the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet (2') normal to the slope shall be removal and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight (8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand -directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g., under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be - graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%) of Standard Density ASTM D698 with plus four percent (4%) or minus two percent (2%) percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM .. EARTHWORK 02300 -5- D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. A$er completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus _ eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION .� EARTHWORK 02300 -6- SECTION 02300 A - MISCELLANEOUS EXCAVATION, FILL, GRADING AND CLEANUP PART I - GENERAL 1.01 DESCRIPTION Work in this section includes excavation of the materials under the proposed road bed, and placing and compacting the excavated material in the proper location to be utilized as fill to bring the road bed to the proposed base level. This pay item shall also cover any necessary final grading to establish positive drainage to existing ditches and the proposed inlets and all cleanup prior to final inspection. 1.02 RELATED WORK There is approximately 570 cubic yards of excavation and approximately 410 cubic yards of fill or embankment. With a 20% compaction factor, it will require approximately 500 cubic yards of the excavated material to complete the fill, or the embankment. The remainder of the excess excavated material will be used to produce slopes that are flatter than 6 to 1 and to cover and refill the area at the northwest corner of the park where the existing parking was removed. 1.03 JOB CONDITIONS The contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users until the completion of the project END OF SECTION SECTION 02300A - MISCELLANEOUS EXCAVATION, FILL, GRADING, AND CLENUP -1- SECTION 02840 - TURF SODDING PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: This work includes all labor, materials and equipment for soil preparation, fertilization, planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod, fertilizer, compost, soil amendments or other materials may be requested by the Project Manager. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the Project Manager. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. SECTION 02840 - TURF SODDING -I- PART 2 — PRODUCTS 2.01 SOD A. The sod shall be "Common Bermuda" and shall consist of stolons, leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay -loam topsoil. The sod shall not 4 be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to -grass. ` B. The sod shall be cut in strips four feet wide, or as called for on plan, to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All — compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline vH condition: Use "New Life Acid Gro" (acid pH) soil _ conditioner as produced by Soil Building Systems of Dallas, or an approved equal. B. For soil with an acidic vH condition: Use "Perma Green Compost" by Texas Earth — Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the Project Manager's approval. SECTION 02840 - TURF SODDING -2- PART 3 - EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope, parallel to finished grade contours. M 3.02 SOIL PREPARATION y A. Scarify subgrade to a depth of three inches (Y) before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel - type breaking plow, chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered joints. The sod shall be pressed firmly into the sod bed by mechanical roller so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning as per requirements indicated in Part 2 — 2.03 Water END OF SECTION SECTION 02840 - TURF SODDING -3- SECTION 02930 - SEEDING PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. _ 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law ` 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not " seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930 - SEEDING -I- C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 -- PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name PuritV 25 Bermuda (unhulled) Cynodon dactylon 85% 75 Bermuda (hulled) Cynodon dactylon 95% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 40 Bermuda (unhulled) Cynodon dactylon 84% Germination 90% 90% 80% 85% SECTION 02930 - SEEDING -2- 1 an .m no 2 Native Grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestein* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestein Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Ternnorary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. w SECTION 02930 - SEEDING -3- B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: ` a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas -100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING -4- PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: + 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling _ 1. In all compacted areas till one inch (1 ") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1 /2") inch inside "drip line" of trees. .. Id C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1 ") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. SECTION 02930 - SEEDING -5- 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3 :1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment, protection, replanting as necessary, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be — executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of - three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch Y diameter. END OF SECTION SECTION 02930 - SEEDING -6- W DIVISION 3 -- CONCRETE / SECTIONS m ft SECTION 03300 — CAST -IN -PLACE CONCRETE 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C. Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 — "Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction, PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches .. on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. 1. ' eement shall be preeured4ww- a Idi from any IdIn " does not pr-eduee an emeess of 1.71b of NO* eraissions per- ten der-predueed-. 2. OJI rAmed aests for- cemplying with the '&een Cement' Peliray shall be B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other CAST -IN -PLACE CONCRETE 03300 -1- objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch. Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting. Concrete shall not be placed on the job after a period of 1 1/2 hours after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water W in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. CAST -IN -PLACE CONCRETE 03300 -2- B. Slump: When gauged by the standard slump test, the settlement of the concrete we shall not be less than 3 inches nor more than 5 inches, unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of J000Tounds per square inch at the age of twenty-eight days using a 5 sack mix. D. Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the Engineer, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be Dlaced on the iob site until the mix design has been approved by the Engineer in writing to the Contractor. PART 3 - EXECUTION 3.01 REINFORCING Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a 1/2 inch radius. B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed joints may be allowed only if specifically approved by the Engineer. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true CAST -IN -PLACE CONCRETE 03300 -3- to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. 3.03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine - materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval of Construction Inspector. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on Plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. _ 3.05 CURING Curing Compound: Immediately after the finishing operations, the concrete shall be y completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 CONCRETE WALLS - A. Placing Concrete CAST -TN -PLACE CONCRETE 03300 -4- k a 1. Where tremies are used, or where the free drop is 5'-0" or more, and no through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum MW being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. - 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density. _ 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over -vibrate concrete. C. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a smooth form finish. 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350. 3.07 PROTECTION .. After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION .• CAST -IN -PLACE CONCRETE 03300 -5- DIVISION 7 - THERMAL & MOISTURE PROTECTION / SECTION SECTION 07920 - CAULKING AND SEALANTS PART I - GENERAL 1.01 DEFINITIONS: A. The term "sealant" or "sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant" shall be required on the inside joint also. B. The term "caulk" or 'caulking! (calking) shall refer to interior joints not normally a"` exposed to weather or moisture conditions. 1.02 SUBMITTAL: A. Submit to Owner's representative manufacturer's literature, specification data, and. color chart for all materials proposed for this project. B. Identify their use and location. 1.03 GUARANTEE: The Contractor shall provide the Inspector a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any - replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. PART 2-PRODUCTS 2.01 SEALANTS: As manufactured by Pecora or approved equal. A. Concrete -to -Concrete (Horizontal Joint): NR-201 with primer. B. Masonry -to -Masonry or Concrete -to -Concrete (Vertical): Dynatrol II 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely compatible with compound. 2.03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of an sealing or caulking material, and completely compatible with compound. WN CAULKING AND SEALANTS 07920 -1- w oil. PART 3 - EXECUTION 3.01 GENERAL: A. Work shall be performed by experienced mechanics skilled in execution of type of work required and in application of specified materials. B. Deliver materials to job site in original containers with manufacturer's name and brand clearly marked thereon. C. When perimeter joints around frames that are to be caulked do not have built-in stops or other means to prevent depth of compound from exceeding 1/2 inch, pack joint with back-up materials of correct type and to the depth as necessary to provide minimum 3/8" and maximum 1/2" depth of compound. D. Materials and methods shall be as specified herein, unless they are contrary to approved manufacturer's directions or to approved trade practice; or unless Contractor believes they will not produce a watertight job which he will guarantee as required. Where any part of these conditions occur, Contractor W shall notify Architect in writing. Deviation from procedure specified will be permitted only upon Architect's approval and providing that work is guaranteed by Contractor as specified. E. If, prior to beginning work, Contractor does not notify Architect in writing of ` any proposed changes, it will be assumed that he agrees that materials and methods specified will produce results desired, and that he will furnish required guarantee. 3.02 PREPARATORY WORK: A. Where weather molds, staff beads, etc., do not form integral part of frames to be caulked, but are removable, remove same prior to caulking, execute caulking, replace molds, etc., and point. B. Clean all joints, etc., that are to be caulked or sealed, prior to executing work. 3.03 PRIMING: When conditions of joints so require, or when types of materials used adjacent to joints so require, or when compound manufacturer's recommendations so require, clean and prime joints before starting caulking. Execute priming operations in strict accordance with manufacturer's directions. 3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require 20% to 50% compression upon insertion, and shall be CAULKING AND SEALANTS 07920 -2- op placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient depth to allow backing, install bond breaking tape at back of joint. 3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no air pockets or voids. Tool the joint surface to compress the compound into the joint. 3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. 3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. END OF SECTION CAULKING AND SEALANTS 07920 -3- CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Greenwav Park Road and Parking Imarovements PROJECT NUMBER: C200-802370029480/C282-802370029480 IS TO CERTIFY THAT: McClendon Construction Comoanv. Inc. is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE .� Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Liability Insurance (Public Liability) Blasting Collapse of Building or structures adjacent to excavations Damage to Underground Utilities Builder's Risk Comprehensive Automobile Liability No an Contractual Liability Bodily Injury: Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Ea. Occurrence: $ Ea. Occurrence: $ Ea. Occurrence: $ Bodily Injury: Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy. Aeencv Insurance Co.: Fort Worth Aeent By Address Title CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No. 6244 and City of Fort Worth Project Number C200-802370029480/C282-802370029480 M M M McClendon Construction Companv, Inc. CON T C OR By: Title (Date M STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared -Dan McGevidovt known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of McClendon Construction Companv. Inc. the purpose and consideration therein expressed and in the capacity therein stated. 4h 2010 GIVEN UNDER MY HAND AND SEAL OF OFFICE this LrLday of J&& .300r Notary u lic in and for the State of Texas JUU804 tllM W ConMMNwn Expa i Aphl K, 2011 ism BIDDER'S STATEMENT OF QUALIFICATIONS Firm Name: Date Organized: ❑ PARTNERSHIP ❑ CORPORATION Address: y City: State: Zip: Telephone Number: Fax Number: Number of years in business under present name: Former name(s) of organization: L, CLASSIFICATION: ❑ General ❑ Building ❑ Electrical ❑ Plumbing ❑ HVAC ❑ Utilities ❑ Earthwork ❑ Paving ❑ Other LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE YEARS PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER NAME /TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION am PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER NAME /TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE BIDDER'S STATEMENT OF QUALIFICATIONS -I- -0 SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER NAME /TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER NAME /TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION PROJECT NAME AND LOCATION NAME /TELEPHONE NUMBER OF OWNER NAME /TELEPHONE NUMBER OF SURETY AMOUNT OF CONTRACT COMPLETION DATE SCOPE OF WORK DESCRIPTION BIDDER'S STATEMENT OF QUALIFICATIONS -2- J as 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: 3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. BIDDER'S STATEMENT OF QUALIFICATIONS -3- w SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. B. C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE / CONTACT NAME /TELEPHONE NUMBER A. I:? C. Note 1. Section 8.1 of the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth will be enforced. 2. The Prime Bidder selected for this project shall submit Letters Of Intent executed between the Prime Bidder and any and all subcontractors to be utilized on this project within five working days of being recognized as the overall qualified low Prime Bidder by the City. Subsequent substitution of sub -contractors must be approved by the City. 3. Prime Bidder shall include financial statement in this submittal. BIDDER'S STATEMENT OF QUALIFICATIONS -4- Bond No. 8219-05-80 PERFORMANCE BOND MW M THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) McClendon Construction Companv. Inc. as Principal herein, and (2) Vi¢ilant Insurance Companvl a corporation organized under the laws of the State of (3) New York , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of. - Two Hundred Seventv-Three Thousand. Seven Hundred Fiftv-Six and No/100.................................................... Dollars ($273,756.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the 15`h of December, 2009 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of: Greenwav Park Road and Parkinn Improvements NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform _ the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and 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. WE IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 151h of December , 2009. Bond No. 8219-05-80 .. ATTES (Principal) Secreta� (SEAL) an 1 L'a' a Witnes s to Princip ATTEST: Secretary Q � EAL) Witn s as to Sure Jennifer R. Marsh M McClend" Construction Comnanv. Inc. PRIM PAL BY:_0L Name: Dan McClendon Title: President PO Box 999 Burleson. TX 76097 Vigilant I su Comaanv SURE BY: Na . K e W. Sweene Attorney -in -Fact Address: 2001 Brvan Street. Suite 3400 Dallas. Texas 75201 Telephone Number: 214-754-0777 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact. The date of bond shall not be prior to date of Contract. Y ' \ M Bond No. 8219-05-80 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) McClendon Construction Comnanv. Inc., as Principal herein, and (2) Vigilant Insurance Comaanv a corporation organized and existing under the laws of the State of (3) New York , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, wo Texas, Obligee herein, in the amount of Two Hundred Seventv-Three Thousand. Seven Hundred Fiftv-Six and No/100...................................... Dollars ($273.756.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these Md presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 151h day of December A.D., 2009, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Greenwav Park Road and Parking Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. we 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 am 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 15`h day of, December 2009. i Bond No. 8219-05-80 � ATTEST: IkL- (Nincipal) Secretary (SEAL) Witness to Principal C am ATTEST: Secretary SEAL) Witness to Surety Jennifer R. Marsh Wd McClen on onstruction Companv, Inc. PRINC AL y7l)Oa BY: ,JA Name: Dan McClendon Title: President PO Box 999 Burleson, TX 76097 Vigilant Insurpnce Companv BY: Nam Kvle W. Sweenev Attorney -in -Fact Address: 2001 Brvan Street, Suite 3400 Dallas. Texas 75201 Telephone Number: 214-754-0777 NOTE: (4) Correct name of Principal (Contractor). (5) Correct name of Surety. (6) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact. The date of bond shall not be prior to date of Contract. we �r Bond No. 8219-05-80 THE STATE OF TEXAS COUNTY OF TARRANT M MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That McClendon Construction Comganv. Inc. ("Contractor"), as principal, and Vigilant Insurance Comvanv. a corporation organized under the laws of the State of New York. ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Seventy - Three Thousand. Seven Hundred Fiftv-Six and No/100 .............................. Dollars ($273.756.00), lawful *+ money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has entered into a written Contract with the City of Fort Worth, dated the 15t6 day of December. 2009, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Greenwav Park Road and Parkine Improvements the same being referred to herein and in said contract as the Work and being designated as project number(s) C200-802370029480/C282-802370029480 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 Two (2) Years after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of .. Two (2) vears; and, WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or inpart at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. w IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 15`h day of December , A.D. 2009. w w ow Bond No. 8219-05-80 no m md .r dw W no md ATTEST: McClendon Construction Comaanv. Inc. (S E A L) Contract i V By: Secretaryy Name: an McClendon —� Title: President ATTEST: Vigilant Insurance Comuanv (S E A L) Surety By: ( � — Secretary Name Oew.Nenev Title: Attornev-in-Fact 2001 Brvan Street. Suite 3400 Dallas. Texas 75201 Address Policyholder Information Notice r go go to wo -ho .w w w IMPORTANT NOTICE To obtain information or make a complaint: You may call Chubb's toll -free telephone number for information or to make a complaint at 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. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al ndmero de telefono gratis de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTES SOME 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 AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. WAW Form 99-10-0299 (Rev. 1-08) s w so w sw luChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ OT059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jennifer R. Marsh, Charles D. Sweeney, Kyle W. Sweeney and Michael A. Sweeney of Fort Worth, Texas each as their true and lawful Attorney- in- Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to In said bonds or obligations, In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 3rd day of September, 2009. enneth C. Wendel, Assistant Secretary David is, 7r., Vice President STATE OF NEW JERSEY ss. !/ County of Somerset On this 3rd day of September, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR OTA1t NOTARY PUBLIC OF NEW JERSEY � No 2316685�--- '��"` Commission Explres July 16, 2014 bB v Notary Public CERTIFICATION Extract from the Sy- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (I) the foregoing extract of the By- Laws of the Companies is true and correct, (11) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and In full force and effect Given under my hand and seals of said Companies at Warren, NJ this December 15, 2009 fd, Kenneth C. W e , As� Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretypchubb.com ,P Form 15-10- 02256- U (Ed. 5- 03) CONSENT STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS: This Contract is made and entered into this the 15th day of December. , by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles W. Daniels, its duly authorized Assistant City Manager, and McClendon Construction Companv. Inc., hereinafter referred to as "Contractor", by and through its duly authorized representative. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and _ complete the construction of certain improvements described as follows: Greenwav Park Road and Parkine Improvements 2. That the Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of award, special provisions, general provisions, work order(s), this Contract, and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3. N That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and .a completion of said project in accordance with the Contract Documents prepared through the Parks and Community Services Department of the City of Fort Worth, which the plans and specifications of the Contract Documents are hereto attached and made a part of this Contract the same as if written herein. 4. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. OFFICIAL RE+COPO CITY SECREIAPY ULFT. WORTH, TX 5. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and _ approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 50 Working Days from the time commencing said work. If the Contractor should fail to complete the work as set forth in the Plans, Specifications, and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, a per day charge per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the Surety to take over the work and complete same in accordance with the Plans, Specifications, and Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the Contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damage or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its officers, servants, or emnlovees. 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 anv such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or emnlovees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, may refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages iss outstanding as a result of work performed under a City Contract. ��� t ;DIAL iL� �iaRD CITY SECRETAK ' FT. WORTH, TX 8. Owner agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the Contractor hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the 4 Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount shall be Two Hundred Seventv-three Thousand Seven Hundred Fiftv-six and no/100......................................................................................................Dollars, ($273,756.00). me 91 It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by Contractor without the written consent of the Owner. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. .. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. w M r IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. OFFICIAL RECORD CITY SECRETARY FT WORTH, TIC CITY OF FORT WORTH • ��ual:`/ V( _" Lam' . _ J , Lar�lesW. Daniels McClendon Construction omnanv:Tnc. At City Manager PO Box 999 Burleson, TX 76097 .. TITLE RECOMMENDED: �V��jLGCp�c LBy: ATTEST: Riciard Zavala, Director .. Parks and Community Services M APPROVED AS TO FORM AND LEGALITY: 09 Amy J. Ramy Assistant City Attorney No i i Marty Hendix City Secretary OM�4A�bt () Date AUTHORIZATION M&C C C-3 � O Approval Date: 5 O OFFICIAL RECORD CITY SECRETARY FT. !NORTH, TX