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HomeMy WebLinkAboutContract 39651 (2)- - CITY SECRETAR Y ?:"' ~ c:-l CONTRACT NO . -..l..J.iJ..l,..l~IK,.:IJ..-- S PEC I FICA TIONS AND CONTRACT DOCUMENTS BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) PROJECT NO. GG01-539590-0202003 IN THE CITY OF FORT WORTH, TEXAS MIKE MONCRIEF MAYOR JULY 2009 DALE A. FISSELER, P.E. CITY MANAGER WILLIAM A. VERKEST, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ANDY ANDERSON, P.E. ASSISTANT DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Prepared by: Transportation and Public Works Department Infrastructure Group / M&CReview Page 1 of2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 11/17/2009 -Ord. No. 18929-11-2009 DATE: 11/17/2009 REFERENCE NO.: C-23921 LOG NAME: 20BR1DGE REPAIR 2009-21 CODE: C TYPE: NON- CONSENT PUBLIC HEARING: NO SUBJECT: Authorize a Contract with Gibson & Associates, Inc., in the Amount of $314 ,924 .20 for Bridge Repair and Repainting at Seven Locations and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $314 ,924.20 from the Contract Street Maintenance Fund to the General Fund ; 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $314,924 .20 in the General Fund from available funds; and 3 . Authorize the City Manager to execute a Contract with Gibson & Associates, Inc., in the amount of $314,924.20 for 90 calendar days for bridge repair and repainting at seven locations listed below. DISCUSSION: M&C G-16387 transferred funds from the General Fund to the Contract Street Maintenance Fund for the purpose of tracking annual capital contracts. Since this bridge repair contract is strictly a maintenance project, funds are being transferred back to the General Fund. This project consists of a variety of repairs to the bridges listed below including repairs to the bridge decks, damaged rails, sealing the decks using a special epoxy broadcast overlay, cleaning/sealing the deck joints and repainting of the steel superstructures . The following bridges are included in the project: BRIDGE White Settlement (East Bound and West Bound) Angle Avenue (North Bound and South Bound) Bellaire Drive South (East Bound and West Bound) Mockingbird Lane Northwest 30th Street Shackleford Street Westcreek Drive OVER West Fork of Trinity River Marine Creek Tributary of Trinity River Tributary of Trinity River Marine Creek Tributary of Lake Arlington Tributary of Sycamore Creek The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award . The project was advertised on August 6 , 2009, and August 13, 2009 , in the Fort Worth Star- Telegram. On September 3, 2009, the following bids were received: http://apps.cfwnet.org/council_packet/rnc _review.asp?ID= 12630&councildate= 11/17/2009 12/4/2009 M&C Review BIDDERS Gibson & Associates, Inc. Total Highway Maintenance, LLC Brazos Restoration & Waterproofing, Inc. SCR Construction Company, Inc. Vendigm Construction Silver Creek Construction, Inc. Page 2 of2 AMOUNT $314,924.20 $416,264.32 $429,931.00 $450,984.00 $509,761.64 $757,468.00 Gibson & Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to nine percent M/WBE participation and documenting good faith effort. Gibson & Associates, Inc., identified several subcontracting and supplier opportunities; however, the M/WBE contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 11 percent. This project is located in COUNCIL DISTRICTS 2, 3, 6, 7 and 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance , funds will be available in the current operating budget, as appropriated, of the General Fund . TO Fund/Account/Centers 1&2 GG01 472293 0202003 $314.924 .20 2) GG01 539120 0202003 $314.924.20 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20BRIDGE REPAIR_2009__:-21 ao.doc Map 2009-21 A.pdf Map 2009-21 B.pdf Map 2009-21 C.pdf Map 2009-21 D.pdf Map 2009-21 E.pdf Map 2009-21 F.pdf Map 2009-21 G.pdf FROM Fund/Account/Centers 1 C293 538070 201269990100 $314,924 .20 3 GG01 539120 0202003 Fernando Costa (8476) William Verkest (8255) Andy Anderson (8648) $314.924.20 http://apps.cfwnet.org/council__packet/mc _review .asp?ID= 12630&councildate= 11/17/2009 12/4/2009 SPECIFICATIONS AND CONTRACT DOCUMENTS BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) PROJECT NO. GG01-539590-0202003 IN THE CITY OF FORT WORTH, TEXAS 2009 ASSISTANT DIRECTOR OF TRANSPORTATION & PUBLIC WORKS DEPARTMENT 7- DATE TABLE OF CONTENTS INDEX: 1. Notice to Bidders 2 . Special Instructions to Bidders 3. Scope of Work 4 . Prevailing Wage Rates 5. Proposal 6. Vendor Compliance to State Law 7. Minority and Women Business Enterprises Specifications 8. Special Provisions 9 . Contractor Compliance With Workers ' Compensations Law 10 . Certificate of Insurance 11. Experience Record and Equipment Schedule 12 . Performance Bond 13 . Payment Bond 14 . Maintenance Bond 15 . Contract APPENDICES: Appendix A: Summary of Quantities Appendix B: Project Location Maps Appendix C: Project Designation Sign Detail NOTICE TO BIDDERS Sealed proposals for the following : BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) PROJECT NO. GG-539590-0202003 Submit package to City of Fort Worth , Purchasing Division, 1000 Throckmorton St., Fort Worth , Texas 76102-6311 until 1 :30 P.M., September 3, 2009 and then publicly opened and read aloud at 2 :00 PM in the Council Chambers. Plans , Specifications and Contract Documents for this project may be purchased for thirty dollars ($30 .00) per set at the Office of the Transportation and Public Works, Municipal Office Building , 1000 Throckmorton Street, Fort Worth , Texas 76102 . These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 A.M ., August 20, 2009 in Conference Room 270 , 2nd floor , Municipal Building . Bid security is required in accordance with the Special Instruction to Bidders . Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form . Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . Information regarding the status of addenda may be obtained by contacting the Department of Transportation and Public Works (TPW) at (817) 392-2486. Bidders shall not separate, detach or remove any portion , segment or sheets from the contract document at any time . Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation . In accord with City of Fort Worth Ordinance No . 15530 , the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts . A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM , GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received by TPW no later than 5:00 p .m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of TPW to whom delivery was made . Such receipt shall be evidence that the documentation was received by the City . Failure to comply shall render the bid non-responsive . For additional information, contact Tariqul Islam at (817) 392-2486 . DALE A. FISSELER , P.E . CITY MANAGER Advertising Dates: AUGUST 6, 2009 AUGUST 13, 2009 1 - 1 WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: N . NAJIB lnfrast SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition , the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proofrequired herein . 2 . PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 3. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any luinp sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392- 2486 . Bids that do not acknowledge all applicable addenda will be rejected as non- respons1ve . SPECIAL fNSTRUCTIONS TO BIDDERS - I - 4. AW ARD OF CONTRACT: The contract, if awarded , will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine ( 49) City business days from the date that the M /WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less , payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C . If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents . Said bond shall solely be for the protection of the City of Fort Worth. D . A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions . To be an acceptable surety on the performance, payment and maintenance bonds , the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7 .19-1. In addition , the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required .under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTION S TO BIDDERS -2 - 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-2 l through l 3A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RA TES: All bidders will be required to comply with prov1s1on 5159a of "Vemons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Transportation and Public Works for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10 . INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250 ,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS -3 - D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E . Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency . F. Deductible limits , or self-funded retention limits, on each policy must not exceed $10 ,000 .00 per occurrence unless otherwise approved by the City. G . Other than worker's compensation insurance , in lieu of traditional insurance , City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K . In the course of the project, Contractor shall report, in a timely manner , to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M . Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art . 2252.002 , the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTION S TO BIDDERS - 4 - "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12 . MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form , as applicable , must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date . The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder , now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name ofM/WBE firm utilized 3 . Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5 . Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed . The first report will be due 30 days after commencement of work . The monthly report MUST have an original signature to ensure accountability for audit purposes . • Reports are to be submitted monthl y to the M /WBE Office , regardless of whether or SPEC IAL INSTRUCTION S TO BIDDERS -5 - not the M/WBE firm has been utilized. If there was no activity by an M /WBE in a particular month, place a "O" or "no participation" in the spaces provided , and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M /WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d . Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M /WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M /WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M /WBE participation goal, state clearly how and why in documentation . a. All requests for changes must be reviewed and pre-approved by the M /WBE Office . b. If the Contractor makes change(s) prior to approval, ·the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth , The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M /WBE Office, 3rd floor -City Hall. For additional information regarding compliance to the M /WBE Ordinance, call (817) 871-6104 . Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore . Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M /WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and /or the commission of fraud by the Contractor will be SPECIAL INSTRUCTIONS TO BIDDERS -6 - grounds for termination of the contract and/or initiating action under appropriate federal , state or local laws or ordinances relating to false statements ; further , any such misrepresentation ( other than a negligent misrepresentation) and/or commission of fraud will result ·on the Contractor being determined to be irresponsible and barred from participating in City work for a period ohime of not less than three years. 13 . AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal , the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. b . Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City . d . The warranty period shall begin as of the date that the final punch list has been completed. e . Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable . g. In the event of a dispute regarding either final quantities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days. 15 . AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a .m . -10:00 a .m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m . on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS , the Contractor shall bear the responsibility of being aware that such day s have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until SP E CIAL INSTRU CTIONS TO BIDDE RS -7 - 16. 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour . However, the Contractor may begin work prior to 10:00 a .m. if use of motorized equipment is less than I-hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00 a.m . -6:00 p.m ., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees . This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers , owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing , hauling, or delivering equipment or materials , or providing labor , transportation , or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B . The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must , prior to the end of the SPEC IAL INSTRUCTIONS T O BIDDERS - 8 - coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E . The contractor shall obtain from each person pro viding services on a project, and provide to the City : (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project , to : (1) provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 ( 44) for all of its employees providing services on the project, for the duration of the project ; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 4) obtain from each other person or entity with whom it contracts , and provide to the contractor : (a) a certificate of coverage , prior to the other person or entity beginning work on the project; and SPECIAL INSTRUCTIONS TO BIDDERS - 9 - (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. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." SPECIAL INSTRUCTIONS TO BIDDERS -10 - "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members, agents or employees acting on their. behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18 . DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11 - SCOPE OF WORK The primary objective of this project is to rehabilitate and seal the concrete deck and to provide a protective surface topping using multi-layer epoxy concrete overlay , clean and repaint the steel superstructures of multiple bridge locations included in this project. Related works include in this project are cleaning and sealing existing deck joints and repair spalling deck with mortar patch . For estimate of quantities and locations for each bridge see Appendix A &B . 1. Angle Avenue NB over Marine Creek 2. Angle Avenue SB over Marine Creek J These twin bridges are each 45 ' wide (including sidewalks) and 148 ' long pre- stressed concrete girder bridge built in 1978. There are 2 lanes of single direction of traffic on each of these bridges . The concrete decks of these bridges need shallow and medium depth repair and the high spalling area need mortar patch . After necessary repairing of concrete , the decks should be overlaid with multi-layer epoxy concrete topping . White Settlement Rd EB over West Fork Trinity River White Settlement Rd WB over West Fork Trinity River These twin bridges are each 32' wide (including sidewalks) and 268 ' long continuous steel I-beam girder bridge built in 1960. There are 2 lanes of single direction of traffic on each of these bridges . The deck joints have to be cleaned and resealing with silicon sealant. Drain pipe extensions to be installed on existing deck drains . The steel girders of both of these bridges should be painted light gray or an equivalent color subject to Engineer's approval. Bellaire Dr, South EB over Tributary of Trinity River Bellaire Dr, South WB over Tributary of Trinity River These twin bridges are each 41 ' wide (including sidewalks) and 158' long continuous steel I-beam girder bridge built in 1969. There are 2 lanes of single direction of traffic on each of these bridges. The steel girders of both of these bridges should be painted light gray or an equivalent color subject to Engineer's approval. <0 1. NW 30th Street over Marine Creek I ~ This is a 42 ' wide (including sidewalks) and 170' long continuous steel I-beam bridge built in 1964. This is a load restricted bridge and has single lane in each direction of traffic . The concrete deck of this bridge needs shallow and medium depth repair and the high spalling area need mortar patch . After necessary repairing of concrete , the decks should be overlaid with multi-layer epoxy concrete topping . 3-1 ~j , U\ 8. Westcreek Dr over Tributary of Sycamore Creek '1 This is a 60 ' w ide (includ ing s idewalks) and 80 ' long pre-stressed concrete I-beam bridge built in 1980 . This bridge has two lanes in each direction of traffic . The concrete deck of th is bridge needs shallow and medium depth repair . 9. Mockingbird Lane over Tributary of Trinity River . /I \'b 't: / This is a 47' wide (including sidewalks) and 75 ' long continuous concrete flat slab bridge built in 1980. This bridge has single lane in each direction of traffic . The concrete deck of this bridge needs shallow and medium depth repair . After necessary repairing of concrete , the deck should be overlaid with multi-layer epoxy concrete topping . 10 . Shackleford St over Tributary of Lake Arlington This is a 41 ' wide (including sidewalks) and 25' long concrete flat slab bridge built in 1962 . This bridge has single lane in each direction of traffic . The concrete deck of this bridge needs shallow and medium depth repair. After necessary repa iring of concrete , the deck shou ld be overla id with multi-layer epoxy concrete topping . 3-2 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Ooerator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Ooerator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber $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 Crane, Clamshell , Backhoe Derrick Dragline, Shovel Operator $14 .12 Electrician $18.12 Fla22er $ 8.43 Form Builder/Setter, Structures $ I 1.63 Form Setter, Paving & Curb $] l.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator , Truck Mounted $16 .30 Front End Loader Operator $12 .62 Laborer, Common $ 9.18 Laborer , Utility $10 .65 Mechanic $16.97 Milling Machine Operator, Fine Grade $1 J.83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade $15 .20 Motor Grader Operator, Rough $14 .50 Oiler $14.98 Painter, Structures $13 . 17 Pavement Marking Machine Operator $10 .04 Pipe layer $11.04 Reinforcing Steel Setter, Paving $]4 .86 Reinforcing Steel Setter , Structure $16.29 Roller Operator, Pneumatic, Self-Propelled $ I 1.07 Roller Operator, Steel Wheel, Flat Wheelffamping $10 .92 Roller Operator, Steel Wheel, Plant Mix Pavement $ I 1.28 Scraper Ooerator $1 J .42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 Tractor Operator, Crawler Type $12.60 Tractor Operator, Pneumatic $12 .91 Traveling Mixer Operator $12.03 Truck Driver Lowboy-Float $14.93 Truck Dri ver Single Axle , Heavv $11.47 Truck Driver , Single Axle Light $10 .91 Truck Driver, Tandem Axle , Semi-Trailer $11 .75 Truck Driver, Transit-Mix $12 .08 Wagon Drill, Boring Ma chine , Post Hole Driller Operator $14 .00 Welder $ 13 .57 Work Zone Barricade Serv icer $10 .09 ___ .______ __ , • I PART B -PROPOSAL BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) TO : DALE A. FISSELER, P.E. FROM : (Bidder's Name) CITY MANAGER FORT WORTH , TEXAS j; b x w -'-8S5o c; t:< { ~s, kc . j)o /3 o ;,< go v 5'7 f '?_::q le?-/ 5/J/ ,.,,;;F s-/ TK 7S-1fo -os lj (Address) For : BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) T/PW Project No. GG01-539590-0202003 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans , specifications , and the site , understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment , and materials necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director, Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work w ithin the time stated and for the following sums to-wit: Pay Item No. 1. 2 . BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) Spec Approximate Description of Bid Item & Unit Total Item Quantity Unit Item Prices Price Price No. Per/Unit Written in Words $ /if~ t,t? SP 2,040 SF Concrete Bridge Deck $ zg-t >60 - Repair Class I (B) (Shallow) , h1-r/*''O Dollars & /V.o Cents per SF ., ? ~7' SP 740 SF Concrete Bridge Deck $ 5) -$ "2 ~ ljoo - Repair Class II (B) (Mid- Depth) -r;;.,[v f;v-t. I Dollars & --~-¢ ____ Cents per SF PROP 07-0 491-(2) B - I BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS {2009-21} Pay Spec Approximate Description of Bid Item & Unit Total Item Item Quantity Unit Item Prices Price Price No. No. Per/Unit Written in Words Q'? 77 3. SP 120 LF Cleaning and Sealing Deck $ '2,o -$ ~C./00 - Joints (Class 7 Sealant) --,:., .... + ., I Dollars & N-o Cents per LF ~ '1.:2, -?7 4 . SP 6,500 SF Mortar Patch for Bridge $ $ ,Zo, '{oo - Deck ---14r<=' Dollars & -r= "'""'" •( J Cents per SF 1 t' ,z? 5 . SP 20,478 SF Multi-Layer Epoxy Concrete $ $ //, tt'Lt -, Overlay (2-1/8" Layers) ---=-fbl"'~< Dollars & /'/.rvA" I Cents per SF 9? '!.:J ~ 6. SP 200 LF Install Drain Pipe Extensions $ 5o $ /-0 ooo l on Existing Deck Drains (6 in PVC) (White Settlement Bridges) h[./.i. ) Dollars & ,,,.JP Cents per LF PROP 07-0491-(2) B -2 BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS {2009-21} Pay Spec Approximate Description of Bid Item & Unit Total Item Item Quantity Unit Item Prices Price Price No. No. Per/Unit Written in Words 7 . SP 1 LS Clean , Prime , and Paint -?-7 $ :;fL-/, oO:> -$ I !Lc~ooo ,; ..!. Steel Superstructure at White Settlement Bridges (EB & WB) over Trinity River £;~ ~"''l hvl""'" I ~ ... ,..,,,J Dollars & .6b.l Cents per LS ,?;, ,,,.., 8. SP 1 LS Clean , Prime, and Paint $6"'?,ooo -$ tr'[,.Ooo _, Steel Superstructure at Bellaire Dr, South Bridges (EB & WB) over Tributary of Trinity River ~ >t'.!l+, -i!t'~t' ./~l!!.(~fl) Dollars & ~~ Cents pe r LS 9. 524 2 EA Project Designation Signs $ 200.00 $ 400.00 (Pre-bid Item) Two hundred Dollars & No Cents per EA Total Bid Section: PROP 07 -0491-(2) B -3 , PART B -PROPOSAL (Continued) Within ten (10) days after notification by the City , the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents , for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas , in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby . The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans . The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors , or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No . 7278 as amended by City Ordinance No. 7400 . The Bidder agrees to begin construction within .JJL calendar days after issue of the work order, and to complete construction within 90 calendar days as set forth in the written work order to be furnished by the Owner . Receipt is acknowledged of the following addenda : Addendum No . 1 Addendum No. 2 Addendum No . 3 (Seal) If Bidder Corporation Respectfully submitted, By v,~H~ Title : ·? f e c:;1c.Q-e.v1.--6 Address : 'I)_ cD · ~o x ~57 Cj 'h C\.l c..-k <;(Hwic7.S I T>C -, 5 J r0-0S7Cj PROP 07-0491-(2) 8 -4 , VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that , in order to be awarded a contract as low bidder , nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in ______ (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached . Nonresident vendors in (g ive State), our principal place of business , are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas . ~ BIDDER: t rh r.;oY/ d. l/)')c9C. ;'a.£~r: 7 nc By : u,;,/t io ,.pt :J. t, h So /7 (Please pri nt) Signature : _____,,l~1 ...... /A __ o9.-~_d ..... -U__,....__· <'--- r>o te.'1 ) {?I'. 1 ~ 5 t T( -rs I f D -OS?Ci T itle : -~-1'_-e_ri_·c}_~_yf_d _____ _ City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6 -1 M/WBE REQUIRED DOCUMENTATION RECEIPT Official Date: Bid Date: Project Name: Project Manager: Forms Submitted By Name: Company: Received By: Transportation & Public Works l1 Cf I 0'1 Official Time: 1~1 -1<:ty'· ~p ... ;, c..~ ~P'i~Y\~u+ St\J( .... LoU.hl>V\S ;)Ov1-a I tor ~qy, :rs\"M- GIBSON & ASSOCIATES, INC. 1 1210 Ryliecreat P. 0 . Box 800579 Balch Springa, TexH 75180-0579 972/557-1199 FAX 557-1552 September 3, 2009 Ms. Gail Scott Contract Compliance Specialist City Managers Office City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Engineers and Contractors RE: Project: Bridge Repair & Repainting at Seven Locations Project No.: GGO 1539590-0202003 County: Tarrant Dear Ms. Scott: • IL Enclosed please find our M/WBE paperwork for use on the above referenced project. Should you have any questions regarding this matter, please feel free to call me. Very truly yours, G:IF W Fonns\MWBE Cover Letter.doc INTIOIIU FORT WORTH "-nz w Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M/WBE goal Is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE oat is not a licable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is _1_1 _% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications . 1. Subcontractor Utilization Form , if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated oaf: 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE artici ation: 4. Prime Contractor Waiver Form , if you will erform all subcontractin /su lier work: 5. Joint Venture Form , if utilize a joint venture to met or exceed oal. received by 5:00 p.m ., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . received by 5:00 p.m ., five (5) City business days after the bid opening date , exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date. received by 5:00 p.m., five (5) City business days after the bid o enin date , exclusive of the bid o enin date. received by 5:00 p.m., five (5) City business days after the bid o enin date , exclusive of the bid o enin date . FAILURE TO COMPL V WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 5/30/03 FORT WORTH ~ PRIME COMPANY NAME : Gibson & Associates, Inc. PROJECT NAME : City of Fort Worth Subcontractors!Suppliers Utilization Form ATTACHMENT 1A Page 1 of 4 Check applicable block to describe prime I M/W/DBE I X I NON-M,W/DBE Bridge Repai r & Repainting at Seven Locati on (2009-21) BID DATE September 3, 2009 City's M/WBE Project Goal : I Prime's M/WBE Project Utilization : PROJECT NUMBER 11% 9.29% GG01539590-0202003 Identify all subcontractorslsuppliers you will use on this project Failure to complete this form , in its entirety with requested documentation, and rece ived by the Managing Department on or before 5 :00 p.m . five (5) City business days after bid opening , exclus ive of bid opening date, will result in the bid being considered non-responsive to bid specifications . The unders igned Offeror agrees to enter into a formal agreement with the M!WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parker , Johnson , Collin , Dallas , Denton , Ell is , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a d irect payment from the prime contractor to a subcontractor is considered 1st 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 open ing w ithin the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Reg ional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Bus iness Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M!WBE listed owns and operates at least one fully licensed and operat ional 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 cred it. The M/WBE may lease trucks from non-M/WBEs , including owne r-operators, but will only receive credit for the fees and comm iss ions earned by the M!WBE as outlined in the lease aareement. Rev . 5/30/03 tORTWORTH ~ ATIACHMENT1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e., Minority , Women and non-MNVBEs . Please list MNVBE firms first , use additional sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T Detail Detail Company Name i N T C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A Roadway Technologies, 1 X Shotblasting $9,250.00 LLC 352707 Wast Hwy 62 Prague, OK 74864 405-567-3706 405-567-4684 Vendor# 27 40 Walnut Hill Paint 1 )( Paint Supplier $20,000.00 Company 2720 Royal Lane Ste . 172 Dallas, TX 75229 972-484-5800 972-484-5706 CrossRoads, LP X Traffic Control $1,830.00 502 David Strickland Rd Ft. Worth, TX 76119 817-759-1199 817-759-1135 Rev . 5/30/03 fORTWORTH ~ ATIACHMENT1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e ., Minority , Women and non-MNVBEs . Please list MNVBE firms first , use additional sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Detail Company Name I N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A Rev . 5/30/03 FORT WORTH ·~ Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $29,250.00 $1,830.00 $31,080.00 ATTACHMENT 1A Page 4 of 4 The Contractor will not make add itions , 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 acco rd w ith the procedures outlined in the ordinance. The contractor shall submit a detai led explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form , the Offeror further agrees to provide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid . The Offeror also agrees to allow an audit and/or examination of any books , records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals , officers , employees and applicable subcontractors/suppl iers/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 initiat ing 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 . AuU>ori,ed Slgnatuf:,.,A,/i.__ ~ President Title Gibson & Associates, Inc. Company Name P .O . Box 800579 Address Balch Springs, TX 75180-0579 City/State/Zip Will iam J . G ibson Printed Signature Ramona Gatlin Contact Name!Title (If different) 972 -557-1199/972-557-1552 Telephone and/or Fax ramona j@g ibsonassoc.net E-mail Address September 3, 2009 Date Re v . 5/30/03 FORT WORTH . --w· PRIME COMPANY NAME: Gibson & Associates, Inc. PROJECT NAME : City of Fort Worth Good Faith Effort Form Bridge Repair at Various Locations (2009-15) City's M/WBE Project Goal : I PROJECT NUMBER 11% GGO 1539590-0202003 ATTACHMENT 1C Page 1 of 3 Check applicable block to describe prime I M/W/DBE I X I NON-M/W/DBE BID DATE September 3 , 2009 If you have fallect to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation Is less than the City's project goal, you must complete this fonn. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, In Its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (00 NOT LIST NAMES OF FIRMS) On Combined Projects , list each subcontracting and or supplier opportunity through the 2"a tier. (Use additional sheets, If necessary) List of Subcontracting Opportun ities List of Supplier Opportunities Traffic Control Paint Supplier Shotblasting Rev. 05/30/03 ATIACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. _X_Yes __ No Date of Listing 08-20-09 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? _X_Yes (If yes, attach M/WBE mail listing to Include name of firm and address and a dated copy of letter malled.) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? _X_Yes (If yes , attach list to Include!!!!!!! of M/WBE firm, person contacted , phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facslmlle Is used, attach the fax confirmation, which Is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the 11st of M/WBEs for a particular subcontracting/supplier opportunity Is ten (10) or less, the bidder must contact the entire list to be In compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? _X_Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Reiection Please see attached form Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. We were unable to achieve 11 % participation on this project. We contacted Cowtown Traffic Control and Roadrunner Traffic Supply but Cowtown was undecided and no quote was received and Roadrunner Traffic Supply is a supplier of equipment only not a Traffic Control Contractor. Much of this work is specialized work: a lot of which we are able to self perform . For the entire contract we will be subcontracting only 9.29% which is below the 11 % goal. I believe our documentation shows our good faith and honest efforts to achieve the 11 % goal. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. / / lJ~--9~JL: William J . Gibson Authorized Sign'~--V ....,P..a.ri=nt=e-'-'-d'"""'s'-'-ig-=n=a=tu""'"r'-'-e---------- President Title Gibson & Associates, Inc. Company Name P.O . Box 800579 Address Balch Springs, TX 75180-0579 City/State/Zip Ramona Gatlin, Contract Administrator Contact Name and Title (if different) 972-557-1199 972-557-1552 Phone Number ramona j@gibsonassoc.net Email Address September 3, 2009 Date Fax Number Rev. 05/30/03 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS . Table of Contents I. SCOPE OF WORK .............................................................................................................................. SP-3 2. AW ARD OF CONTRACT .................................................................................................................. SP-3 3. PRECONSTRUCTION CONFERENCE ........................................................................................... SP-3 4. EXAMINATION OF SITE ................................................................................................................. SP-3 5. BID SUBMITTAL ................................................................................................................................ SP-4 6. WATER FOR CONSTRUCTION ...................................................................................................... SP-4 7. SANITARY FACILITIES FOR WORKERS ..................................................................................... SP-4 8. PAYMENT ........................................................................................................................................... SP-4 9. SUBSIDIARY WORK ......................................................................................................................... SP-4 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ........................................... SP-4 11. WAGE RA TES ..................................................................................................................................... SP-4 12. EXISTING UTILITIES ....................................................................................................................... SP-4 13. PARKWAY CONSTRUCTION ......................................................................................................... SP-5 14. MATERIAL STORAGE ..................................................................................................................... SP-5 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS .......................................... SP-5 16. INCREASE OR DECREASE IN QUANTITIES ................................................................................ SP-5 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .................................................. SP-5 18. EQUAL EMPLOYMENT PROVISIONS ......................................................................................... SP-6 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ................... SP-6 20. FIN AL CLEAN UP .............................................................................................................................. SP-7 21. SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY ............................................ SP-7 22. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW ..................... SP-8 23. SAFETY STANDARDS AND ACCIDENT PREVENTION ........................................................... SP-10 24. SUBSTITUTIONS .............................................................................................................................. SP-10 25. MECHANICS AND MATERIALSMEN'S LIEN ............................................................................ SP-I I 26. CONSTRUCTION SCHEDULE ...................................................................................................... SP-I I 27. WORK ORDER DELAY .................................................................................................................. SP-I I 28. ZONING REQUIREMENTS ............................................................................................................ SP-11 29. WORKING DAYS ............................................................................................................................. SP-11 30. RIGHT TO ABANDON ..................................................................................................................... SP-11 31. CONSTRUCTION SPECIFICATIONS ........................................................................................... SP-11 32. CONTRACT DOCUMENTS ............................................................................................................ SP-12 33. MAINTENANCE STATEMENT ..................................................................................................... SP-12 34. TRAFFIC CONTROL ....................................................................................................................... SP-12 35. DELAY ................................................................................................................................................ SP-12 36. DETOURS AND BARRICADES ...................................................................................................... SP-12 37. DISPOSAL OF SPOIL/FILL MATERIAL ...................................................................................... SP-12 38. QUALITY CONTROL TESTING .................................................................................................... SP-13 39. PROPERTY ACCESS ....................................................................................................................... SP-13 40. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ...................................... SP-13 41. WATER DEPARTMENT PRE-QUALIFICATIONS ..................................................................... SP-14 42. RIGHTTOAUDIT ............................................................................................................................ SP-14 43. CONSTRUCTION STAKES ............................................................................................................. SP-15 44. LOCATION OF NEW WALKS AND DRIVEWAYS ..................................................................... SP-15 45. EARLY WARNING SYSTEM FOR CONSTRUCTION ................................................................ SP-15 46. AIR POLLUTION WATCH DAYS ................................................................................................. SP-16 7/23 /2009 SP-I SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Co nte nts co ntinu ed 47. CONSTRUCTION NON-PAY ITEMS: NON-PAY ITEM 1. NON-PAY ITEM 2. NON-PAY ITEM 3. NON-PAY ITEM 4. NON-PAY ITEM 5. NON-PAY ITEM 6. NON-PAY ITEM 7. NON-PAY ITEM 8. NON-PAY ITEM 9. NON-PAY ITEM 10. NON-PAY ITEM 11. NON-PAY ITEM 12. NON-PAY ITEM 13. NON-PAY ITEM 14. CLEARING AND GRUBBING ......................................................... SP-16 SPRINKLING FOR DUST CONTROL ............................................. SP-16 PROTECTION OF TREES, PLANTS AND SOILS ........................... SP-16 PROJECT CLEAN-UP ....................................................................... SP-17 PROJECT SCHEDULE ...................................................................... SP-17 NOTIFICATION OF RESIDENTS .................................................... SP-17 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ....................................................... SP-18 SA WCUT OF EXISTING CONCRETE ............................................ SP-18 LOCATION AND EXPOSURE OF MANHOLES AND WATER VAL YES .................................................................... SP-18 TIE-IN INTO STORM DRAIN STRUCTURE .................................. SP-19 SPRINKLER HEAD ADJUSTMENT ................................................ SP-19 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ................................................................... SP-19 TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN I ACRE) ....................................................................... SP-18 TRAFFIC CONTROL ......................................................................... SP-21 48. CONSTRUCTION PAY ITEMS: PAY ITEMS I& 2. PAY ITEM 3. PAYITEM4 PAY ITEM 5. PAY ITEM 6. PAY ITEMS 7 & 8. PAY ITEM 9. 7/23 /2009 CONCRETE BRIDGE DECK REPAIR ............................................. SP-22 CLEANING AND SEALING DECK JOINTS .................................. SP-24 MORTAR PATCH FOR BRIDGE DECKS ........................................ SP-25 MULTI-LA YER EPOXY CONCRETE OVERLAY (2-1 /8" LAYERS) ........................................................... SP-25 INST ALL DRAIN PIPE EXTENSIONS ON EXISTING DECK DRAINS (6 IN PVC) (WHITE SETTLEMENT BRIDGE) .............. SP-31 CLEAN , PRIME AND PAINT STEEL SUPERSTRUCTURE .......... SP-31 PROJECT DESIGNATION SIGNS (PRE-BID ITEM) ...................... SP-33 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: BRIDGE REPAIR ANO REPAINTING AT SEVEN LOCATIONS (2009-21) PROJECT ID: GG01-539590-0202003 1. SCOPE OF WORK : The work covered by these plans and specifications consist of the following seven (7) bridges : Angle Ave NB & SB over Marine Creek ; White Settlement Dr EB & WB over West Fork Trinity River; Bellaire Dr , South EB & WB over Tributary of Trinity River; NW 301h St over Marine Creek ; Westcreek Dr over Tributary to Sycamore Creek; Mockingbird Ln over Tributary of Trinity River and Shackleford St over Tributary of Lake Arlington . Work includes the following : repair of concrete bridge deck defects ; cleaning and sealing existing deck joints ; to provide a multiple-layer epoxy broadcast overlay to decks , repainting of steel superstructure and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder of the Base Bid (Section A). The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City . Bidders are hereby informed that the Director of the Department of TPW reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City . 3. PRECONSTRUCTION CONFERENCE : The successful Contractor, Engineer, and City -City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time , details of sequencing of the work , contact individuals for each party , request for survey , and pay requests will be covered . Prior to the meeting , the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others . A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction . As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans , specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated . Excess excavation will be disposed 7/23 /2009 SP-3 of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 5. BID SUBMITIAL: Bidders shall not separate , detach or remove any portion , segment or sheets from the contract documents at any time . Failure to bid or fully execute contract without reta ining contract documents intact may be grounds for designating bids as "non-responsive " and rejecting bids as appropriate and as determined by the Director of the Department of Engineering . 6. WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense . 7. SANITARY FACILITIES FOR WORKERS : The Contractor shall provide all necessary conveniences for the use of workers at the project site . Specific attention is directed to this equ ipment. 8. PAYMENT : The Contractor will receive monthly payment (minus 5% retainage) from the City for all work generated within a pay period . Payment o l he remaining amount shall be made with final payment and upon acceptance of the project. 9. SUBSIDIARY WORK : Any and all work specifically governed by documentary requirement for the projects , such as conditions imposed by the Plans , the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal , shall be considered as a subsidiary item or work , the cost of which shall be included in the price bid in the Proposal for each bid item , including but not limited to surface restoration cleanup and relocation of mailboxes . All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No . 102 "Clearing and Grubbing " and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC : The Contractor's particular attention is directed to the requirements of Item 7 , "Legal Relations and Responsibilities to the Public " of the "Standard Specifications for Street and Storm Drain Construction ". 11. WAGE RATES : The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas , in accordance w ith statutory requirements , as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents . In no event shall less than the rates be paid as attached. 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available . It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance . The Contractor shall take all necessary precautions in order to protect all services encountered . 7/23 /2009 SP-4 Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense . 13. PARKWAY CONSTRUCTION : During the construction of this project , it will be required that all parkways be excavated and shaped at the same time the roadway is excavated . Excess excavation will be disposed of at locations approved by the Director of the Department of Engineering. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS : The Contractor shall take adequate measures to protect all existing structures , improvements and utilities , which may be encountered . The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth , they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES : The quantities shown in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices . 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense , the City , its officers , servants and employees , from and against any and all claims or suits for property loss, property damage, personal injury , including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents , employees , subcontractors , licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers , servants and employees and any damage , loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. 7/23 /2009 SP-5 The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7 400 (Fort Worth City Code Sections 13-A-21 through 12-A- 29) prohibiting discrimination in employments practices . The Contractor shall post the required notice to that effect on the project site , and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acqu ired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE : In accordance with City of Fort Worth Ordinance No . 15530 , the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference . A copy of the Ordinance may be obtained from the Office of the City Secretary . Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM , as applicable , must be submitted within fine (5) city business days after bid opening . Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books , records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal , state , or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years . The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids . Failure to comply with the City 's M/WBE Ordinance , or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications . Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the City 's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed . All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT}, Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid . The Contractor shall contact all such 7/23 /2009 SP-6 M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable . Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive . Whenever a change order affects the work of an M/WBE subcontractor or supplier , the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract , the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall : a. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid ; and , b. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces , the Contractor shall notify the City before subcontracts or purchase orders are let , and shall be required to comply with modifications to goals as determined by the City , and , c. Submit a REQUEST FOR APPROVAL OF CHANGE FORM , if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following : (1) Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. (2) Failure of Subcontractor to provide required general liability of other insurance . (3) Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. (4) Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City , the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project , inclusive of M/WBEs. 20. FINAL CLEAN-UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed . No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative . This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance . 21. SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's discretion , digital photos may be taken of existing conditions for documentation . The burden of proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property , including but not limited to fences , walls , pavement , and water and sewer services , at no cost to the Owner. All costs for site restoration , 7/23 /2009 SP-7 repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed . 22. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW : A. WORKERS COMPENSATION INSURANCE COVERAGE: a. DEFINITIONS: Certification of coverage ("Certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81 , TWCC- 82 , TWCC-83 , OR TWCC-84), showing statutory workers' compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity . Persons providing services on the project ("subcontractor" in §406 .096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees . This includes , without limitation , independent Contractors , subcontractors , leasing companies , motor carriers , City-operators , employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation, providing , hauling , or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project , such as food /beverage vendors , office supply deliveries , and delivery of portable toilets. b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must , prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . e. The Contractor shall obtain from each person providing services on a project , and provide to the governmental entity: (1) a certificate of coverage , prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and (2) no later than seven days after receipt by the Contractor , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 7/23 /2 00 9 SP-8 f. The Contractor shall reta in all requ ired certificates of cove rage for the duration of the project and for one year the reafter. g. The Contractor shall notify the governmental entity in writing by cert ified mail or personal delivery , w ithin ten (10) days after the Contractor knew or should have known , or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a not ice , in the text, form and manner prescribed by the Texas Worker's Compensation , informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . i. The Contractor shall contractually require each person with whom it contracts to provide services on a project , to : (1) provide coverage , based on proper reporting on class ification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 ( 44) for all of its emp loyees providing services on the project , for the duration of the project; (2) provide to the Contractor, prior to that person beginn ing work on the proj ect, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3 ) provide the Contractor , prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts , and provide to the Contractor: a . a certificate of coverage , prior to the other person beginning work on the project; and b . a new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project; c . retain all required certificates of coverage on file for the duration of the project and for one year thereafter. d. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provis ion of coverage of any person prov iding services on the project; and e . contractually require each person with whom it contracts , to perform as required by paragraphs ( 1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project w ill be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self-insured , with the commission's Division of Self-Insurance 7/23 /2 009 SP-9 Regulation . Providing false or misleading information may subject the Contractor to administrative , criminal , civil penalties or other civil actions . k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the Worker population . The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance . This includes persons providing, hauling, or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee . Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the requ ired coverage , or to report an employer's failure to provide coverage". 23. SAFETY STANDARDS AND ACCIDENT PREVENTION : With respect to all work to be performed under this Contract , the Contractor shall : a. Comply with the safety standards provisions of applicable laws , building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable . b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry Regulations that are under OSHA 24. SUBSTITUTIONS : The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that 7/23 /2009 SP-10 - has been specified . Where the term "or equal ", or "or approved equal" is used , it is understood that if a material , product , or piece of equipment bearing the name so used is furnished , it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full responsibility of providing that the proposed substitution is , in fact , equal , and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications 25. MECHANICS AND MATERIALMEN'S LIEN : The Contractor shall be required to execute a release of mechanics and material men 's liens upon receipt of payment. 26. CONSTRUCTION SCHEDULE : It shall be the responsibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed , including clean up t ime 27. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities , right-of-ways , easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any de lay in issuing the work order for this Contract. 28. ZONING REQUIREMENTS : During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes 29. WORKING DAYS : The Contractor agrees to complete the Contract within the allotted number of working days . A working day is defined as a calendar day , not including Saturdays , Sundays , and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 AM . and 6 :00 P.M ., w ith exceptions as permitted by the Engineer. 30. RIGHT TO ABANDON : The City reserves the right to abandon , without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City . 31. CONSTRUCTION SPECIFICATIONS : This contract and project are governed by the two following published specifications , except as modified by these Special Provis ions : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTIONS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TEXAS STANDARD SPECIFICATION FOR CONSTRUCTION & MAINTENANCE OF HIGHWAYS , STREETS AND BRIDGES , TEXAS DEPARTMENT OF TRANSPORTATION 7/23 /2009 SP-11 A copy of the City specifications may be purchased at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd Floor, Municipal Building , Fort Worth , Texas 76102 . The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Prov isions shall be those of the Fort Worth document. 32. CONTRACT DOCUMENTS : Bidders shall not separate, detach or remove any portion , segment or sheets from the contract documents at any time . Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Assistant D irector of the Department of Transportation and Public Works 33. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or the entire project which becomes defective due to these causes . 34. TRAFFIC CONTROL : The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701d Vernon's Civil Statues , pert inent sections being Section Nos. 27 , 29 , 30 and 31 . 35. DELAYS : The Contractor shall receive no compensation for delays or hindrances to the work , except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material , if any , which is to be furnished by the City . When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding . If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work , then such delay will entitle the Contractor to an equivalent extension of time , his application for which shall , however, be subject to the approval of the City Council ; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 36. DETOURS AND BARRICADES : The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area . Contractor shall protect construction as required by Engineer by providing barricades. Barricades , warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs ," Item 524 and/or as shown on the plans . Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No . 1." 7/23 /2009 SP-12 37. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of the Department of Transportation and Public Works acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No . 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies . No fill permit is required if disposal sites are not in a flood plain . Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain . Any expenses associated with obtaining the fill permit, including any necessary engineering studies , shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site , upon notification by the Director of Engineering , Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 38. QUALITY CONTROL TESTING : The Contractor shall furn ish , at its own expense , certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. a. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . b. Quality control testing of on site material on this project will be performed by the City at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way rel ieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. c. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested . d. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site . The ticket shall specify the name of the pit supplying the fill material. 39. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 40. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES : The following procedures will be followed regarding the subject item on this contract: 7/23 /2009 SP-13 - a. A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks , power shovels , drilling rigs, pile drivers, hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." b. Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections . c. When necessary to work within six feet of high voltage electric lines , notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers , de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case . d. The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . e. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 41. WATER DEPARTMENT PRE-QUALIFICATIONS : Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work . 42. RIGHT TO AUDIT : a. Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books , documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits. b. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books , documents, papers and records of such subcontractor involving transactions to the subcontract and further , that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits . 7/23 /2009 SP-14 c. Contractor and subcontractor agree to photocopy such documents as may be requested by the City . The City agrees to reimburse Contractor for the cost of copies as follows : (1) 50 copies and under (2) More than 50 copies $0 .10 per page . $0 .85 for first page plus $0 .15 for each page thereafter. d. "Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books , documents , papers and records of such subcontractor, involving transactions to the subcontract and further , that City shall have access during normal working hours to all appropriate work space , in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits ." 43. CONSTRUCTION STAKES : The City , through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework . These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage , etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve , maintain , transfer , etc ., all stakes furnished until completion of the construction phase of the project for which they were furnished . If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost , destroyed , or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place , then the Contractor shall replace such stakes or markings as required . An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense . No claims for delay due to a lack of replacement of construction stakes will be accepted , and time will continue to be charged in accordance with the Contract Documents. 44. LOCATION OF NEW WALKS AND DRIVEWAYS : The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees . 45. EARLY WARNING SYSTEM FOR CONSTRUCTION : Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule , the following process shall be applicable : The work progress on all construction projects will be closely monitored . On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more ( example : 10% of the work completed in 30% of the stated contract t ime as may be amended by change order), the following proactive measures will be taken : a. A letter will be mailed to the Contractor by certified mail , return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time . In the event the 7/23 /2009 SP-15 Contractor receives such a letter, the Contractor shall provide to the City an updated schedu le showing how the project w ill be completed w ithin the contract t ime . b. The Project Manager and the Directors of the Department of Engineering, Water Department , and Department of Transportation and Public Works will be made aware of the situation . If necessary , the C ity Manager's Office and the appropriate city counc il members may also be informed. c. Any notice that may , in t he City 's sole d iscretion , be required to be prov ided to interested individuals w ill distributed by the Engineering Department's Public Information Officer. d. Upon rece ipt of the Contractor's response , the appropriate C ity departments and directors will be notified . The Engineering Department's Public Information Officer w ill , if necessary , then forward updated notices to the interested individua ls . e. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second t ime pr ior to the completion of the contract , the bonding company will be notified appropriately . 46. AIR POLLUTION WATCH DAYS : The Contractor shall be requ ired to observe the follow ing guidelines relating to working on City construction sites on days des ignated as "AIR POLLUTION WATCH DAYS " typically , the OZONE SEASON , within the Metroplex area , runs from May 1, through OCTOBER 31 , with 6:00 a .m . -10 :00 a .m . being crit ical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service , will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been des ignated Air Pollution Watch Days and as such shall not beg in work until 10 :00 a. m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a.m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Em itting ", or equipment burns Ultra Low Sulfur Diesel (ULSD ), diesel emulsions , or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a .m . - 6 :00 p.m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month ." 47. CONSTRUCTION NON-PAY ITEMS : NON-PAY ITEM 1: CLEARING AND GRUBBING : All objectionable items within the lim its of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102 , "Clearing and Grubbing ." However, no d irect payment will be made for th is item and it shall be cons idered inc idental to this contract. NON-PAY ITEM 2: SPRINKLING FOR DUST CONTROL : All applicable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control " shall apply . However, no direct payment will be made for th is item and it shall be considered inc idental to this contract. 7/23 /2 009 SP-16 NON-PAY ITEM 3: PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns , yards , shrubs , trees , etc . shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys . This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended . NON-PAY ITEM 4: PROJECT CLEAN-UP : The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items . Clean up work shall be done as directed by the Engineer as the work progresses or as needed . If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis . Clean up work shall include, but not be limited to : (1) Sweeping the street clean of dirt or debris (2) Storing excess material in appropriate and organized manner (3) Keeping trash of any kind off of residents ' property If the Engineer does not feel that the jobsite has been kept in an orderly condition , on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed . No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM 5: PROJECT SCHEDULE : Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time . Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in . Project schedule will be updated and resubmitted at the end of every estimating period . All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM 6: NOTIFICATION OF RESIDENTS : In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents , in writing, at least 48 hours in advance of saw-cutting joints 7/23 /2009 SP-17 during the construction of paving projects . All costs involved with providing such written notice shall be considered subsidiary to this contract. NON-PAY ITEM 7: PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION : Prior to beginning construction on any block in the project , the Contractor shall , on a block by block basis , prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction . The notice shall be prepared as follows : a. The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project , DOE No ., Scope of Project (i.e . type of construction activity ), actual construction duration within the block , the name of the Contractor's foreman and his phone number , the name of the City 's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification ' flyer is attached . b. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition , a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block . All work i nvolved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. NON-PAY ITEM 8: SAWCUT OF EXISTING CONCRETE : When existing concrete or H .M.A.C . is cut , such cuts shall be made with a concrete saw . The Contractor may break out curb and gutter to the nearest joint if he chooses . All sawing shall be subsidiary to the unit cost of the respective item . NON-PAY ITEM 9: LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES : The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. a. The Contractor shall attempt to include the construction eng ineer (if he is available) in the observation and marking activity . In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with pa int is a recommended procedure . b. It shall be the Contractor's responsib ility to notify the util ity companies that he has commenced work on the project. As the recycling is completed (within the same day ) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of th is completion and indicate that start of the next one in order for the utilities to adjust fac ilit ies accordingly. The following are util ity contact persons : Company SBC -Telephone 7/23 /2 009 Telephone Number 817-338-6202 214-384-3732 Cell SP-18 Contact Person Mr. Gary Tillory - TXU Electric Delivery: Downtown Other than Downtown Atmos Energy-Despatch CFW -Street Light CFW -Light Signal CFW -Pavement Marking CFW -Storm Drain CFW-Water CFW-Sewer 817-215-6424 817-215-6688 1-800-460-3030 817-392-7738 817-392-2538 817-392-2535 817-392-8107 817-392-5196 817-212-2699 817-925-2360 Cell 817-212-2699 817-944-8399 Cell Mr. Scott King Mr. Robert Martinex Mr. James Turner Mr. Frank Brock Mr. Monte Wilson Mr. Chuck Snyder Mr. Rodney Smithey Mr. Roger Hauser Mr. Rick Davis c. Under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities , one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C . overlay adjacent to said facilities . d. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. NON-PAY ITEM 10: TIE-IN INTO STORM DRAIN STRUCTURE : The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines . NON-PAY ITEM 11: SPRINKLER HEAD ADJUSTMENT : The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section . No other compensation will be provided . NON-PAY ITEM 12: FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways , sidewalks , etc., will be required . The fees are as follows : a. The street permit fee is $50 .00 per permit with payment due at the time of permit application . b. A re -inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete . Payment is due prior to the City performing re-inspection . c. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 7/23 /2 009 SP-19 - NON-PAY ITEM 13: TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): a. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes, dames, berms, sediment basins , fiber mats , jute netting, temporary seeding, straw mulch , asphalt mulch , plastic liners, rubble liners , baled-hay retards , dikes , slope drains and other devices . b. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way , clearing and grubbing , the surface area of erodible-earth material exposed by excavation , borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water course , lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms , dikes , dams , sediment basins, slope drains and use of temporary mulches, mats , seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion . Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features , but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing , excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading , mulching , seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion~control measures shall be performed as directed by the Engineer. 7/23 /2009 (1) Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . (2) Frequent fordings of live streams will not be permitted ; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. (3) Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (4) When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. (5) All waterways shall be cleared as soon as practicable of false work , piling , debris or other obstructions placed during construction operations that are not part of the finished work. (6) The Contractor shall take sufficient precautions to prevent pollution of streams , lakes and reservoirs with fuels, oils , bitumens , calcium chloride or other harmful materials . He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. SP-20 - c. SUBMITIAL: Prior to the start of the applicable construction , the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum . He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials . No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. d. MEASUREMENT AND PAYMENT : All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . NON-PAY ITEM 14: TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways ," issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon 's Civ il Statutes , pertinent sections being Section Nos . 27 , 29, 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett , City Traffic Engineer at (817) 392-8712 , at the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed , the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign , instructional sign , street name sign or other sign , which has been erected by the City . If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign . In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign . If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed . Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." 7/23 /2009 SP-2 1 48. CONSTRUCTION PAY ITEMS : PAY ITEMS 1 & 2: CONCRETE BRIDGE DECK REPAIR: a. DESCRIPTION: This Item shall govern for the repair of deteriorated and/or damaged areas of concrete bridge decks as herein specified and as directed by the Engineer. Bridge deck repairs are divided into three main classes of repair: Class I: Class II: Class Ill: for shallow repairs where the damage does not extend to the top mat of reinforcing steel ; for mid-depth repair where damage extends to , or slightly below , the top mat of reinforcing steel ; for full depth repair. These classes are further divided into three subclasses depending upon the desired time until return of service ( opening to traffic): Subclass (A): for rapid return to service within two hours after placing repair materials ; Subclass (B): for prompt return to service within twenty four hours after placement of repair materials ; Subclass (C): for postponed return to service of seven days or more after placement of repair materials. For example : A shallow repair requiring an immediate return to service is classified as a Class I (A) repair while a full depth repair where opening to traffic can be delayed is classified as a Class Ill (C) repair. b. MATERIALS: All materials shall conform to the pertinent requirements of the following 7/23 /20 09 TxDOT Items , except as noted herein: Item 420 , "Concrete Structures " Item 421 , "Portland Cement Concrete" Item 440 , "Reinforcing Steel " Special Specification , "Epoxy and Adhesives " Cementing Materials . Proprietary repair materials are acceptable for use if approved by the Engineer. Information to be included for review shall include the manufacturer's recommendations and material application instructions. At the Engineer's discretion , trial batches for proprietary repair materials may be required to verify that the compressive strengths specified herein are obtained . Proprietary repair materials shall be certified by the manufacturer to be free of soluable chlorides or other ingredients that my potentially cause corrosion of embedded reinforcing steel. All repair materials shall have the following minimum compressive strengths depending on the subclass of the repair (return to service time); Subclass (A): 2 ,000 psi at two (2) hours SP-22 Subclass (B): Subclass (C): 3 ,600 psi at twenty four (24) hours 4 ,000 psi at seven (7) days The 28-day strength for all Subclasses shall be 4 ,000 psi. Trial batches of Portland cement Concrete furnished under TxDOT Item 421 , "Portland Cement Concrete ", may be required to verify that the compressive strengths specified above are achieved within the given time period . Concrete repa ir materials shall be air-entrained per Article 421 .8, "Classification and Mix Design" of TxDOT specifications . For Class I repairs with concrete , the slump shall not exceed one (1) inch and the maximum water-cement ratio shall not exceed 0 .35. For Class II repairs with concrete, the slump shall not exceed three (3) inches and the maximum water-cement ratio shall not exceed 0.45 . Repair materials for Class Ill repairs shall conform to the requirements for Class "S" concrete in TxDOT Item 421 , "Portland Cement Concrete ". Admixtures for concrete shall conform to TxDOT Item 437 , "Concrete Admixtures ". Coarse Aggregate . Coarse aggregate shall be a crushed or broken aggregate conforming to Section 439 .2(1 )(b), "Coarse Aggregate " of TxDOT's specification . For proprietary repair materials , the coarse aggregate shall be in conformance with the manufacturer's recommendations . The maximum aggregate size for a Class I (shallow) repair shall not be greater than Grade 6 or half the average repair depth and for a Class 11 repair shall be Grade 5 or 6 in accordance with Article 421 .2 , "Materials" of TxDOT's specification . Coarse aggregate for a Class Ill (full depth) repair shall conform to the requirements for Class "S" concrete in Article 421 .9 , "Quality of Concrete" of TxDOT's specification . For Class I repairs the coarse aggregate shall not have an absorption exceeding three (3) percent when tested in accordance with Test Method Tex-403-A. c. EQUIPMENT: All equipment shall be provided by the Contractor, subject to the approval of the Engineer and shall comply with the following : Concrete Removal Equipment. Proportioning and Mixing Equipment Placing and Fin ishing Equipment d. CONSTRUCTION METHODS: All areas to be repaired will be marked by the Engineer. 7/23 /2009 Determination as to the class of repair will be made after the final concrete removal has been completed . The entire perimeter of the area to be repaired shall be saw-cut on the top surface to a depth of approximately one (1) inch . This saw-cutting depth may be reduced as directed by the Engineer in areas where insufficient cover is suspected so that the reinforcing steel will not be cut. For Class Ill repairs , the bottom surface of the deck shall be chipped around the entire perimeter of the patch area using lightweight chipping hammers to provide as near a vertical surface as possible . Feather edges around this perimeter will not be permitted. The minimum depth of repair for a Class I repair is% inch . Concrete Removal. Surface Preparation Placing and Finishing Repair Materials Curing SP-23 e. MEASUREMENT: Bridge deck repairs will be measured by the square foot of surface area for the various classes of repairs (Class I, II and Ill). When a repair involves multiple depths , the areas for each class will be measured separately . f. PAYMENT: The work performed and material furnished in accordance with this Item and measured as provided under "Measurement", will be paid for at the unit price bid for "Bridge Deck Repair", of the various classes and subclasses specified . A bid price shall be provided for each of the three classes of repair (I , II, and Ill). The subclass (return to service time) will be determined by the Engineer and will remain the same for all classes of a given repair. These prices shall be full compensation for furnishing and placing all materials , removing and disposing of all loose or deteriorated concrete , saw-cutting, cleaning and/or replacing of reinforcing steel , and for all labor, equipment, tools and incidentals necessary to complete the work . PAY ITEMS 3: CLEANING AND SEALING DECK JOINTS: This item shall be completed in accordance with Item 438 of the Texas Department of Transportation 's , Standard Specification for Construction and Maintenance of Highways, Streets, and Bridges. a. DESCRIPTION: Open joints that allow water from the deck to penetrate the deck shall be sealed with a silicone treatment to a minimum depth of~ inch . Silicone sealant shall conform to TxDOT DMS-6310 "Joint Sealers and Fillers" and shall consist of a two part, rapid curing , self-leveling , cold applied silicone material that cures to a low-modulus rubber upon exposure to atmospheric moisture . Joints shall be cleaned of all joint seals , old expansion materials/devices , bituminous material , dirt , grease and all other deleterious material. All joints must be dry , clean , and moisture free and prepared as recommended by the manufacturer. Sealant shall be mixed and placed in accordance with manufacturer's recommendations . In no case shall the sealant be placed unless the temperature is at least 45°F and rising . Where appropriate , backer rods and backing materials shall be used for application of the sealant. Backer rods and backing materials shall conform with TxDOT specification 433 .2(4), "Backer Rods and Backing Materials". Sealant shall be depressed Yz" from any riding surface . Measurement will be made by linear feet (LF) of joints sealed . Payment will be made by the unit price bid for "Seal Bridge Deck Joints with Silicone". This price shall be full compensation for all materials , tools , labor , equipment and incidentals required to perform the work described. PAY ITEMS 4 :MORTAR PATCH FOR BRIDGE DECKS: The mortar shall be rapid hardening , early strength gaining, and cementitious patching material for concrete . This mortar patch shall be applied on Bridge deck (1/4 " to 1" thick) to achieve smooth profile for epoxy overlay where concrete has delaminated or spalled . The cured mortar should have required properties as below: Property Age Required Value 3 hrs 1,250 psi Compressive Strength 1 day 4 ,000 psi (ASTM C 109) 7 day 5 ,000 psi 28 days 7 ,000 psi 7/23 /2009 SP-24 I day 700 psi Flexural Strength 7 days 900 psi (ASTM C 78) Surface preparation shall be accomplish treated and blowin 1 day 300 psi Splitting Tensile Strength ?days 400psi (ASTM C 496) 28 days 500psi Bond Strength 1,750 si (ASTM C 882) 2,000 si 2 ,500 si water blasting to remove this crust. All laitance , grease , oils , curing compounds , waxes , impregnation 's or other coatings which could interfere with the penetration of the sealer into the cracks shall be removed by sand blasting or other approved methods. All debris shall be collected and properly disposed of by the Contractor. The manufacturer's recommendations for surface preparation shall be followed if they are different from those listed above . The mortar shall be mixed and placed in accordance with manufacturer's recommendation . In no case the mortar is placed unless the temperature is at least 45°F and rising or follows the manufacturer's recommendation for temperature range . Measurement will be made by square footage of bridge deck to be patched . Payment will be made by the unit price bid for "Mortar Patch for Bridge Deck". This price shall be full compensation for all materials , tools , labor , equipment and incidentals required to perform the work described . PAY ITEM 5:MULTI-LAYER EPOXY CONCRETE OVERLAY (2-1/8" LAYERS): a. DESCRIPTION : Preparation of deck surfaces, furnishing and applying thin , multiple-layer epoxy concrete on bridge structures . b. MATERIALS: Furnish a Material Safety Data Sheet (MSDS) for all epoxy materials and related cleaning solvents used on the project. Maintain the MSDS 's with the materials at all times . Provide a certificate of compliance to these specifications with each batch of resin . Magnesium phosphate concrete is not compatible with the epoxy overlay systems. Remove all repairs performed with magnesium phosphate concrete and replace with a portland cement based repair material. 7/23 /2 009 (1) Aggregate . Use an angular-shaped silica with a Mohs scale hardness of 7 or greater or basalt with a hardness of 6 or greater. Use aggregates that are clean, dry (less than 0.2% moisture), and free of dirt, clay, asphalt , and other organic materials . Use aggregate that conforms to the gradation specified in Table 1. SP-2 5 Table 1 A t G d r ,ggrega e ra a 10n Sieve No. 4 Sieve No. 8 Sieve No. 16 Sieve No. 30 % by Weight Passing Sieve 100% 30-75% 0-5% 0-1% (2) Binder material . Use a two-component thermosetting epoxy-based material meeting the requirements specified in Tables 2 and 3 . Condition all components for testing to 74 degrees F (+/-1 deg . F) for at least 40 hours before mixing, curing or testing . Do not use epoxy systems containing solvents or unreactive diluents. Table 2 R . d P equ1re rope 1es or 1xe , rt" f M' d U ncure dE poxy s· d m er Property Requirement Test Method Viscosity(neat) 7-70 poise Tex-614-J Gel Time(neat) 15 min . minimum Tex-614-J Absorption in 24 hrs 1% maximum ASTM D 570 Table 3 R . d P equ1re rr f c rope 1es or E ure :poxy e· d m er Property Required Test Method Value Compressive Strength at 5 hrs . 1 ,000 psi Tex-618J Minimum Modulus of Elasticity 13 ,000 psi ASTM D 638 Type 1 maximum Resilience at 48 hrs(neat) 70% Tex-618-J m inimum Tensile Strength at 7 days 1,800-5,000 psi Tex-618-J Compressive Strength at 48 hrs . 3,000 psi Tex-618-J min imum Bond Strength (neat) 250 psi Tex-614-J minimum 7/23 /2009 SP-26 Elongation at 7 days 30% minimum Tex-618-J (3) Epoxy Concrete . The multiple layer epoxy concrete to be used as the overlay shall meet the required properties specified in Table 4 . The finished overlay is permitted to be opened to traffic when a standard slot screwdriver with a 3/8 blade and a force of 45 lb will not dent the surface . Table 4 Required Properties for Cured Epoxy Concrete Property Required Value Test method Compressive Strength 1000 psi minimum ASTM C 579 , Method B at 3 hours Samples shall be made using 2- 3/4 parts standard sand per 4800 psi minimum ASTM C 778 , No . 20-30 U.S. at 24 hours Standard Sieve per one volume part of mixed epoxy . Thermal Compatibility , No delamination of ASTM C 884 B Samples shall overlay be made using 2-3/4 parts One cycle is 8hrs . at 60 °C standard sand per ASTM C 778, followed by 16hrs. at -21°C . No . 20-30 U .S . Standard Sieve Determine results after 9 cycles per one volume part of mixed epoxy . c. EQUIPMENT: Use shot blasters (steel , sand or grit) or other surface preparation method capable of removing deteriorated concrete, laitance , grease , dirt , oil and other contaminants that inhibit bond of the overlay . Do not use scarifiers , scabblers , or milling machines for surface preparation . An automated epoxy distribution system , an aggregate spreader, a broom , and a self-propelled sweeper broom or vacuum truck are preferred in all applications. The distribution system or distributor must accurately blend the epoxy components and uniformly and accurately apply the epoxy materials at the specified rate to the bridge deck to cover 100% of the work area . Equipment should provide compressed air that is free of oil and water. Hand applications are allowed but the Contractor must submit the methods of application attested by the manufacturer to the Engineer. d. CONSTRUCTION: 7/23 /2 009 (1) Work Plan. Before construction of the epoxy overlay , the Contractor must submit to the Engineer for acceptance a work plan for constructing the overlay . The work plan will include but not be limited to proposed equipment, materials , compatibility of concrete SP-27 7/23 /2009 repairs (existing and proposed) with the epoxy overlay material, layout of overlay placement identifying any hand placements, minimum air and deck surface temperatures , anticipated schedule for traffic control and project phasing to support the proposed work plan. The work plan must also meet the approval of the manufacturer of the epoxy materials . Any deviations from the application prescribed by this specification must be approved by the manufacturer and explained to the Engineer's satisfaction before acceptance. (a) Procedure Qualification . The Contractor shall use the following procedure to determine the cleaning practice (size of shot , flow of shot , forward speed and number of passes of the shot blasting machine , and other equipment and procedures) necessary to expose coarse aggregate and to assure adhesion of the overlay to the substrate . The Contractor shall also use the following quality control procedure to determine that the materials, batching , mixing, placing and curing procedures provide the required adhesion of the overlay to the substrate . (i) The Engineer shall designate areas to provide for an evaluation of the range of surface conditions on the area to be overlaid, including areas with deck repairs , if any . One designated area shall be evaluated for each span or 500 SY , whichever is smaller. (ii) At each of the locations selected by the Engineer, prepare a minimum area of 0 .5 SY of the surface using the equipment and procedures proposed for preparing and cleaning the surface that is to receive the epoxy concrete overlay. (iii) Clean the surface and apply the overlay to designated quality control areas. (iv) Overlays of designated areas shall be applied at the same thickness and with the same materials, equipment , personnel , timing , sequence of operations and curing period prior to opening to traffic that will be used for the installation of the overlay. (v) (Evaluate the designated areas using the procedure described in Canadian Test Method A23 .2-68 except that the pipe cap shall be a 2-inch diameter minimum and that the tensile adhesion evaluation shall not be performed at surface temperatures above 95 F. Core through the overlay to a minimum of 3/8 in .+/- 1/8 in . into the underlying concrete slab . An evaluation shall be the average of tests of three locations within the designated area. (vi) The surface preparation , materials , batching, mixing and curing qualifies as adequate if the minimum stress at failure is 220 psi. (vii) If the test results do not meet the required 220 psi minimum stress at failure and surface preparation is not adequate , modify the surface preparation procedures and repeat the tests until the required minimum stress at failure is achieved. If the test results do not meet the required 220 psi minimum stress at failure and the material, batching, mixing, placing and curing are not adequate , modify them and repeat the test until the required minimum stress at failure is achieved . (b) Quality Control. If the cleaning practice, materials and installation procedure are not acceptable , the Contractor shall remove overlays from areas that failed to indicate that the overlay had adequate tensile adhesion , make the necessary adjustments , and evaluate all areas again until satisfactory results are obtained . SP-28 / 7/23 /2009 (2) Surface Preparation and Cleaning. Clean the deck surface by steel shot blasting or abrasive blasting . Use a blasting technique that exposes the coarse aggregate and removes asphaltic materials , oils , dirt, rubber, cur ing compound , paint , carbonation , laitance, weak surface mortar, and potentially detrimental materials including dust and other loose material left from the cleaning operation that may interfere with the bonding or curing of the overlay . The prepared surface shall meet or exceed the requirements of International Concrete Repair Institute (ICRI) No . 03732 Standard CSP 5. Use a vacuum cleaner or oil-and moisture-free air blast to remove dust and other loose material. Brooms shall not be used . Use water blasting if required . Identify unacceptable levels of moisture in the deck using a plastic sheet left taped in place for a minimum of 2 hr. (ASTM D4263) or other approved methods. Cleaning operations will be inspected and accepted before placing each layer of the overlay . Remove any contamination of the deck or intermediate courses after initial cleaning . Apply all courses follow ing the cleaning before opening the area to traffic . Apply the first course within 24 hr. of cleaning , and place all courses of the overlay within 7 days of cleaning . The overlay manufacturer's representative must inspect and approve the surface condition , cleaning , overall deck condition, and agree that the deck is appropriate for the overlay before the overlay can be applied . If the Engineer determines that the Contractor has deviated from the approved cleaning method prior to the completion of the job , the Contractor shall re-clean the suspect areas using the approved method . Patching and cleaning operations shall be inspected and approved prior to placement of each layer of the overlay . Any contamination of the overlay area or intermediate courses after initial cleaning shall be removed . All courses shall be applied follow ing the cleaning and prior to opening the area to traffic . The first course must be applied within 24 hours of cleaning or if longer , a bond test must be conducted to verify the adequacy of the substrate . Subsequent courses shall be applied as soon as possible considering environmental and project site conditions. Traffic shall not be permitted on the overlay until all courses are placed and cured . (3) Application of Overlay. An overlay manufacturer's representative must be present during the work until the Contractor has proven its means and methods . The manufacturer's representative will then submit a letter to the Engineer attesting to the quality of the Contractor's procedure of work. Do not place epoxy concrete overlay materials when weather or surface conditions do not allow the material to be properly handled, placed , and cured within the specified requirements of traffic control. Do not place epoxy concrete overlay on hydraulic cement concrete that is less than 28 days old . The overlay application consists of repetition of two d istinct steps : epoxy binder application and aggregate broadcasting . The minimum finished overlay thickness is 0.25 in . Apply the epoxy overlay in multiple courses as prescribed by the manufacturer but at a rate no less than spec ified in Table 5. The total of the applications will be as prescribed by the manufacturer but not less than 7 .5 gal. per 100 sq . ft . All epoxy and aggregate components will be 60°F or above at the time of applicat ion . After the epoxy mixture has SP -2 9 Course 1 2* 7/23 /20 09 been prepared for the epoxy overlay , apply it immediately and uniformly to the surface of the bridge deck surface . Do not apply epoxy if the air temperature is expected to drop below overlay system manufacturer's recommendation appl ication temperature range within 8 hr. after application or if the gel time is expected to drop below 10 m i n. Apply the dry aggregate in a manner to cover the epoxy m ixture completely within 5 min . of applying the epoxy. Remove and replace first-course applicat ions that do not receive enough aggregate prior to gelling . A second course insufficiently covered w ith aggregate may be left in place but will require additional appl ications befo re open ing to traffic. Place breaks between adjacent overlay application areas at lane lines only . Cure each course of epoxy concrete overlay until vacuuming or brooming can be performed without tearing or damaging the surface . Do not permit traffic or equipment on the overlay surface duri ng curing . After the first course is cured , remove all loose aggregate by vacuum ing or brooming , and apply the next course to completion . Do not begin brooming the excess aggregate from any course of the overlay until the overlay has cured suffic iently that brooming will not damage the surface . Do not open the first course to traffic without the approval or the Engineer or the manufacturer. Do not allow traffic on the overlay until it has cured sufficiently to prevent damage by wheel loads. Where early opening to traffic is not necessary, the epoxy may be placed at a lower temperature with the approval of the manufacturer and the Engineer. Minimum curing periods are specified i n Table 6 . Measure tempe ratures as the material is applied . Table 5 Epoxv and Aggregate Application R ates Course Epoxy Aggregate (Gal./100 Sq. Ft) (Lb. /Sq. Yd.) 1 Not less than 2 .5 > 10 2 Not less than 5 .0 > 14 Table 6 Minimum C uring Times for Overlay C ourses 60-64°F 65-69°F 70-74°F 75-79°F 80-84°F 85-89°F 4 hr. 3 hr. 2.5 hr. 2 hr. 1.5 hr. 1 hr. 6 .5 hr. 5 hr. 4 hr. 3 hr. 3 hr. 3 hr. * Cure Course 2 for 8 hr. if the air temperature falls below 60°F during curing. Expans ion joints in the concrete surface to be overla id must be maintained through the overlay during the time of placement. If a joint must be saw cut into the overlay , this must be done as soon as the overlay can support the sawing equ i pment without damaging the overlay . Saw cutting of joints must be done within 12 hours of overlay placement and prior to the first ambient thermal cycle to avo id any potential for stress delam ination . SP-3 0 If work damages or mars the surface of the epoxy overlay , remove the damaged areas by saw cutting in rectangular sections to the top of the concrete deck surface and replacing the various courses at no additional cost. For each batch provided , maintain and provide to the Engineer records including but not lim ited to the following : (i) Batch numbers and sizes , (ii) Location of batches as placed on deck, referenced by station, (iii) Batch time , (iv) Gel time (2 -oz sample), (v) Temperature of the air, deck surface , mixed epoxy components , and aggregates , (vi) Loose aggregate removal time , and (vii) Time opened to traffic (if applicable). e. MEASUREMENT: Epoxy concrete overlay shall be measured by the square foot of bridge deck surface, complete and in place . f. PAYMENT: Measured as provided under "Measurement" will be paid for at the price bid for "Multiple-Layer Epoxy Concrete Overlay". This price is full compensation for surface preparation , presence of manufacturer's representative at the work site during all planning , phasing and placement activities , testing , furnishing and applying epoxy concrete overlay courses , all safety precautions , any necessary repairs , and all materials , labor , tools , equipment , and incidentals . Patching work will be paid for in accordance with Pay Item 429 , "Concrete Structure Repair ." Crack injection will be paid in accordance with Item 780 , "Epoxy Injection ." PAY ITEM 6: INSTALL DRAIN PIPE EXTENSIONS ON EXISTING DECK DRAINS (WHITE SETTLEMENT BRIDGES): Add 6 inch PVC pipe with mounting to existing deck drains and extend 3 inches below bottom flange of exterior steel beams . Method of extension and fastening of members will be subject to approval of the Engineer. Measurement will be made by linear foot of pipe to be installed. Payment will be made by the unit price bid for "Install Drain Pipe Extensions on Existing Deck Drains ". This price shall be full compensation for all materials , tools , labor, equipment and incidentals required to perform the work described . PAY ITEM 7 & 8: CLEAN, PRIME, AND PAINT STEEL SUPERSTRUCTURE: a. DESCRIPTION: This Item will cover surface preparation , existing paint removal and repainting of steel superstructure of bridge . b. MATERIALS: All paints are required to comply with TxDOT SPEC . D-9-8100 and shall be purchased in open market. Approved materials are : 7/23 /2009 (1) Sherwin-Williams rust penetrating Macropoxy 920 Preprime B58T101/B58V1 , (2) Sherwin-Williams Recoatable Epoxy Primer 867 A5/B67V5 , (3 ) Sherwin-Williams Hi-Solids Polyurethane B65 300 Series/B60V30 paint , and SP-31 (4) Approved Equals c. CONSTRUCTION METHODS: Methods of surface preparation and repainting will be in accordance with Items 446 of the Texas Department of Transportation 's , Standard Specification for Construction and Maintenance of Highways, Streets, and Bridges. 7/23 /2 009 Cleaning. Contractor shall hand remove all loose corrosion to steel , primer and paint. Concrete columns and footings to which railings are attached , shall also be cleaned of rust stains and road oils . Cleaning of Steel Structures . All steel surfaces to be treated under this contract shall first be power washed at a minimum of 3000 psi and 3-4 gpm water to remove foreign materials . Any paint placed on the surrounding concrete shall be removed immediately. Rigging and scaffolding shall be sufficient to make all of the work readily accessible for proper performance of cleaning and painting operations as well as proper inspection and measurement by the Engineer or his representative prior to and after each application of surface treatments . Contractor will be required to meet the rules and regulations for worker safety in a leaded environment. Contractor, at his expense , shall exercise the necessary precautions to contain refuse , dust and paint overspray generated during cleaning and painting operations . Containment shall be such that all falling material is completely contained and collected daily and stored in appropriate containers at a site approved by the Engineer. Hazardous and non-hazardous refuse will be stored separately . Disposal of collected non-hazardous refuse shall be at the Contractor's expense and in accordance with Federal, State and local rules and regulations . The Contractor is responsible for the security of the refuse until disposal is completed . Materials containing leachable hazardous metals shall be disposed of as in accordance with Federal , State and local rules and regulations , at the Contractor's expense . Paint Removal and Disposal . The Contractor is responsible for compliance with applicable Federal and State regulations and industry standards when performing the work of paint removal , handling and disposal , including but not limited to : (1) Removal of Lead Coatings : ANSI Z88 .2, 29 CFR 1910, 29 CFR 1926 , 30 TAC 106 , and 30 TAC 111 . (2) Identification and Classification of Wastes : 40 CFR 260-262 , and 30 TAC 335 (3) Transportation and Disposal of Lead Materials : 40 CFR 263, 40 CFR 268 , 49 CFR 171-173 , 49 CFR 178, and 30 TAC 335 . (4) Nuisance : 30 TAC 101 (5) Dry Abrasive Cleaning : 30 TAC 106.452 (6) Other Sources: 30 TAC 111 .111 (a) (8) The Contractor is responsible for the control of waste material generated during the Project. The Contractor shall utilize a shroud/tarp in a manner that protects the surrounding environment and collects all waste material generated at the site . The type of shroud/tarp is to be approved of in advance , prior to use . Any shroud/tarp used during the Project shall be free of holes or tears and shall be anchored to the br idge . If one or more shrouds/tarps are utilized in series the seams shall overlap . Waste material shall be removed from the SP-32 shroud/tarp frequently and waste material shall be stored in DOT approved 55-gallon steel drums . Waste generated from the Project shall be stabilized using Portland Cement Concrete, (Item # 408 , City Specs) in order to reduce leaching from the waste . By stabilizing in waste material , the resulting material should gain a Non-Hazardous Waste classification . All waste shipment manifests must be reviewed , approved, and signed by a City representative . The disposal site is to be approved of by the City, prior to any shipments . Steel Primer and Paint.: One (1) coat of Sherwin-Williams rust penetrating Macropoxy 920 pre-prime B58T101/B58V1 , or approved equal , shall be applied 2.0 mils OFT over entire steel surface . An additional coat or Sherwin-Williams Re-coatable Epoxy Primer B67 A5/B67V5, or approved equal , shall be applied 6 .0 mils OFT to areas where bare metal is exposed . Two (2) coats of Sherwin-Williams HI-Solids Polyurethane B65 300 Series/B60V30 paint , or approved equal , shall be applied over primed surfaces at 3.0 to 4 .0 mils OFT each coat. Color shall be Light Grey and subject to approval of Engineer. The complete coating system shall be supplied by the same manufacturer and applied in accordance with manufacturer's specifications . If, after the final prime coat and before the appearance coat has been applied , time has lapsed such that road film from rain or other occurrences have contaminated the primed surface , the entire primed surface of the structure will be pressure washed using a biodegradable detergent and flushed with clean fresh water and thoroughly dried before application of the appearance coat. The Contractor shall secure from the paint manufacturer labor form LSB-OOS-4 , "Materials Safety Data Sheet" for each of the coatings to be used on this project. d. MEASUREMENT: Bridge Painting will be paid lump sum e. PAYMENT: The work performed and materials furnished in accordance with this item and measured as provided under "Measurement" will be paid for at the unit price bid for bridge painting as specified . This price shall be full compensation for all materials , labor , equipment, supervision , and related services . PAY ITEM 9: PROJECT DESIGNATION SIGNS (PRE-BID ITEM): The Contractor shall construct and install Project Designation Signs and it w ill be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction . Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint , painting and lettering on the signs shall be approved by the Engineer. The he ight and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" fir plywood , grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction . The work, which includes the painting of the signs , installing and removing the signs , furnishing the materials , supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. 7/23 /2009 SP-33 The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 7/23 /2009 SP-34 (To be printed on Contractor's Letterhead) Date : _____ _ PROJECT No: GG-539590-0202003 PROJECT NAME: BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) MAPSCO LOCATION : -- LIMITS OF CONST.: ---------------Estimated Duration of Construction on your Street : __ days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH , OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES -RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY . CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE . IF YOU HA VE QUESTIONS ABOUT ACCESS , SECURJTY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS , PLEASE CALL 817-392-8100 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T .C .A. Labor Code §406 .96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Bridge Repair and Repainting at Seven Locations (2009-21) and City of Fort Worth Project No .GG01-539590-0202003. STATE OF TEXAS t-h-llu.$ COUNTY OF :i:ARR"A.NT § § § CONTRACTOR: (}/1?7(()vr. + R>.Foc1q./~r c&c · By : l~10JvL$~l Name : tJ 1,1 t, a .,;,,. -J· ~-6 s·., .t-z Date : 'a.-,s--o <l Before me , the undersigned authority, on this day personally appeared {A,h i{tci~ -::f (}e-'b5oV] known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of &1<¢ <;on .L. l{~S-o c /a__./ ~s r 7h c · for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this /5~~ day of O eceU-<-be/ , 20.{22:. Notary Public in and for the State of Texas CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER ACCORD FORM A ttachm ent to AC ORD Ce rtific a te fo r .Gibson & Associates Inc . The te rm s, conditions and pro v is ion s not ed be lo w are he reby attac hed to th e captioned certificate as additi o n al description of th e coverage affo rd e d by the in s urer(s). This a ttac hment does n o t co nt a in a ll terms , conditions, coverages o r ex clu s ion s contained in th e poli cy. INSU RED Gibson & Associates Inc . P . o. Box 800579 Ba l ch Springs T X 751800579 USA INSU RER INSU RER INSURER INSURER INSURER A DDIT IONA L PO LI C I ES If a poli cy be low d oes no t include limit information , refer to the corre s ponding policy on the ACOR D certificate form for p o li cy limits. ADD'L POLIC Y NUM BER POLICY POLIC Y I NS R I NS RD TYPE OF I NSU RA NCE POLIC Y DE SC RI PTION EFFECTIVE EXP I RATION LIMITS LTR DATE DATE OE SC RIPT ION OF OPERAT IO NS/LO CATIO NS/VE HI CLES/EXC LUS IO NS ADD ED BY EN DOR SEMEN T/SPEC IA L PRO VI S IO NS t o ot her ins uranc e available to the certificate holder, but only to the extent required by written contract wit h t he Ins u red, a nd subject to the policy terms, conditions and excl usi ons . Cert ifi cate No : 570037071978 EXPERIENCE RECORD List of projects your organization has successfully completed : Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion List Surety Bonds in force on above incomplete work : Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety 11 -1 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: 11-2 GIBSON & ASSOCIATES, INC. EQUIPMENT LIST August 2009 Equip License Serial Number Description Number Number CR 15 (Pat) '05 Cadillac 502 B22 1G6KE57Y25Ul 75646 TK 110 '84 Int. Water Truck R5P S25 1 HTLDWPM7EHA63429 TK 113 '86 Int. Flat Bed Dump R5P S24 1 HTLDUXP6GHA 16863 TK 123 '86 Int. 6CY Dump Truck R5P S22 1 HSLRTVN6GHA46236 TK 125 '89 International R5P S21 1 HTLDDBN6KH667857 TK 140 * 2000 Ford F-550 Mech .Tr. R5P Sl8 1FDAF56F5YED94567 TK 142 * '99 Int. Boom Truck R5P S 16 1 HTSCABM2XH629067 TK 143 * 2002 Ford F250 52N M67 1 FTNX20F42EA85187 TK 146 * '94 Int. 22' Van Body R4M C59 1HTSDPNN7RH550226 TK 148 (Trish .)* '02 Chev. CKlO Pickup 7H2 F43 2GCEK 19T521349505 TK 151 (Office)* 2003 Chev Tahoe 7TXN56 1 GNEC 13273R234964 TK 152 * 2003 Chev C2500 7TXN59 1 GCHC29163E233132 TK 153 * 2003 Ford F250 7JD 291 1FTNX20PX3ED63388 TK 154 (Painters)* 2003 Chev % T Pickup 8HR W14 1GCHC29193E341339 TK 157 * 1998 Int. Box Truck R52 J27 1HTSCABM6WH584388 TK 159 (Humberto)* 2004 Chev C2500 9WJ L54 1 GCHC29204E317926 TK 162 1989 Int. Vacuum Unit R6W B20 1 HTGH23 T2LH640740 TK 166 * 1995 Ford F800 Crane Truck R6V 260 1 FDPF80C6SV A58878 TK 168 2002 Kenworth R6W G22 1XKWDB9X92J891370 TK 170 (Bart)* 2005 Ford F550 R7F L49 lFDA W56P85EA69447 TK 171 (Painters)* 2005 Ford F450 R7F L50 1FDXW46PX5EA47633 TK 172 * 1994 International 6CY Dump 1HTSDAAM6RH590162 TK 173 1998 Freightliner R7K Y84 1 FUPBMCB8WL959787 TK 174 (Bill) 2005 Chevy Silverado 552 BS1 lGCEKl 92552134187 TK 175 (Juan)* 2005 Ford F250 79K SCI 1FTSW20P05EC67732 TK 176* 2005 Chevy CC25903 44S HM2 1 GCHC24225E303504 TK 177* 2005 Ford F250 57K T21 1FTSX20P15EC12414 TK 178 1985 Jeep CJ7 161 WXI 1 JCCM87 A9FT045040 TK 180* 2005 Chevy CC25903 545 LH2 I GCHC24235E325270 TK 181 (Johnny)* 2005 Ford FI50 69S PX2 1FTPX125X5FB2I308 Equipment List Page ,2 Equip License Serial Number Description Number Number TK 182 * 200 I International Flat Bed R72 WIO 1 HTSDAAL 71H378432 TK 183 * 2005 Ford F350 60K KP3 1 FTWF30025EC287 l 4 TK 184 (Mark)* 2005 Chevy Silverado 57L CZ3 I GCHC23U55F969916 TK 185 (Mike)* 2006 Chevy Silverado 93L DD3 IGCHC12DX6El93278 TK 186 (Darrell)* 2006 Chevy Silverado 94L DD3 I GCHC29DX6E 193295 TK 187 (James D .)* 2006 Ford F550 R8MN36 I FDAX56PX6ED25425 TK 188 2006 Ford Fl 50 60D LS4 IFTPX12566NA30088 TK 189 Ricky )* 2006 Chevy Silverado 25D FS4 1 GCHC23D36F227032 TK 190 1999 Int. Box Truck R8RX90 1 HTSCAAM7XH216272 TK 191 (Kevin)* 2006 Ford F550 R8W Z46 1 FDAX56P06ED692 l 0 TK 192* 2006 Ford F250 51D KS4 1FTSX20P46EB92838 TK 194 (Trey)* 2006 Ford F150 27N MZ4 1 FTPX 12V26KD8903 5 TK 196* 2001 Int. Box Truck R8ZD35 1 HTSCAAL51 H3453 l 8 TK 197 (Keith)* 2007 Chevy. Silverado 49N RP4 1 GCHC29D 17E 134296 TK 198* 2001 Int. Box Truck R8Z F68 1HTSCAAL61H335347 TK 199* 1999 International Flatbed R8Z K44 1 HTSCAAM 1XH624377 TK 200* 1999 International Flatbed R8Z K45 1 HTSCAAM9XH682527 TK 201(Chris)* 2007 Ford Fl 50 78N YF4 1FTPX12Vl 7FA37834 TK 202 (Mondo)* 2007 Ford F550 R9MB44 1 FDAX56P77EB52299 TK 203* 2000 Int. Flatbed Dump R9N 042 1 HTSCAAM8YH24661 l TK 204 (Gary)* 2007 Ford F150 63F PR7 1 FTPX l 2V97FB86007 TK 205 (Clayton)* 2008 Ford F550 Rl2 956 1 FDAX56R 18EC78015 TK 206*(Tom M) 2008 Ford F250 90F RF7 1 FTSX20R58EA62555 TK 207* 2000 Ford F250 5YW K68 1 FTNX20F2YED83696 TK 208* 2000 Ford F250 75D SC7 1 FTNX20F9YEB60281 TK 209* 2003 Int. Box Truck 69D HKl 1 HTMMAAMl 3H571535 TK210 2008 Chevy Silverado 68C MD8 1 GCECl 9C88Z307925 TK211 (Chilo) 2008 Chevy Silverado 67C MD8 1 GCEC 19C58Z327341 TK 212 (Mark M) 2008 Chevy Silverado 66C MD8 2GCEC19C381323295 TK 214 (Jeff) 2008 Lexus GX4 70 LPS 091 JTBT20X080167671 TK 215 (Abel) 2208 Chevy 2500 95K NH8 1 GBHC29628E 164608 Equipment List Page3 Equip License Serial Number Description Number Number TK 216 (Bill G) 2008 Chevy Tahoe 57K NR8 1 GBHC29628E 164 TK217 1993 Int. RD6 251 1 HSHBA2R6PH496171 SW 1 '96 Ford Chas. Sweeper 1 FDX72C6TV A 13620 SW2 '96 International Sweeper 1 HTSCABR9TH353248 PL4 Massey Ferguson Tractor 9A345114 PL5 Cat 943 Track Loader 1920370 PL 7 Case 455 C Crawler Loader GBE0004068 PL9 Cat 926 R.T. Loader 47M 470 94203828 PL 10 Massey Ferg 165 Mower SDM643001765 PL 15 Cat 924 F Loader 47M 652 5NNOI064 PL 17 '96 Cat 924F Wheel Loader 5NN00651 PL18 '04 Bobcat 526015150 PL 19 '05 Bobcat S250 526017199 PL20 '07 Bobcat S250 530916514 PL21 '07 Bobcat S250 530916512 MG2 Cat 1400 Motor Grader 61M 429 72V7066 AC8 '98 Ingersoll Rand P185WJF n/a 291101VGI221 AC 15 '98 Ingersoll Rand 1300 CFM 34M 754 283106UJ1 729 AC 16 '96 Ingersoll Rand 1300 CFM 35M 568 264589 AC 18 '96 Ingersoll Rand 1300 CFM on Dolly 263790UCG729 AC 19 '04 Ingersoll Rand 61M 446 343766UC0221 AC20 '05 Ingersoll Rand P250WJD 363219UKP394 AC21 '05 Ingersoll Rand P250WJD 364515ULP394 AC22 '06 Ingersoll Rand P250WJD 76M 257 373868UGQ394 AC23 '06 Ingersoll Ramd P250WJD 76M 258 373874UGQ394 AC24 '07 Ingersoll Rand P250WJD 76M 289 385288YUDR394 AC25 '08 Ingersoll Rand P250WJD 4FVCABAA38U401174 AC26 '08 Ingersoll Rand P250WJD 4 FV CABAA08U399349 AC27 '08 Ingersoll Rand P250WJD 4 FV CABAA28U3 9823 5 AC28 '08 Ingersoll Rand P250WJD 4FVCABAA38U401420 BH4 '98 John Deer 31 OE 4x4 Backhoe T031 OEX853063 BH5 '98 John Deer 31 OE Loader Backhoe T031 OEX848277 Equipment List Page4 Equip License Serial Number Description Number Number VR2 DUOPACT mdl WD50P 50203 VR6 Ingersoll Roller 145783 VR7 Waker Roller 5498071 VR8 Waker Roller 5778191 VR9 Waker Roller Smooth Drum 5775913 TR3 '89 Flatbed (2 axle) 80V ZFX l l 649411989 TR9 '93 Shopbuilt Trailer 51WNND 46UFU 101 lPl 031492 TR 10 '93 Wells Cargo Trailer 04WNNP IWC200F29P2022785 TR 11 '94 Shopbuilt Trailer 67WNRK TRI 76988 TR 13 '95 Shopbuilt Trailer 41W TXJ 46UFU1017S1041033 TR 17 '96 16' Utility Trailer 33WTZT 1H9UP162XT1176257 TR 18 '97 J Rod Flatbed Trailer 12V RDP 1JG236200V1X05833 TR21 '98 20' Flatbed Trailer 37WCXC 1H9GF2022Wl 176294 TR22 16' Utility Trailer 54WCSW 1H9UPI621Xl 176015 TR23 20' Gooseneck Trailer 53WCHG IH9GP202Xl 176440 TR24 '01 18' Wells Cargo Trailer 14W HYY I WC200H2012043660 TR25 20' Gooseneck Flatbed Trailer 58W RVY IH9GF252821 l 76268 TR26 Wells Cargo Trailer 57W RVY 4D6EB20282C003543 TR28 '03 20'Utility Trailer 71WTSK IH9UP20243 l l 76650 TR29 '03 20' Gooseneck Trailer 72WTSK I H9GP202X3 l l 7665 l TR30 '84 J-Rod Gooseneck 3 Axel 73WTZT 1JG224307l 9642I3 TR32 '03 Shopbuilt Trailer 96YMVK TRI 93931 TR33 1980 Flat Trailer Z04 668 57568 TR34 '05 Low Boy Trailer (token) W3 l 069 112SD24895L069125 TR35 '05 25' Gooseneck Utility 59YMTK 1H9GE252411176458 TR36 '05 20' Utility Trailer 73YMTK 1 H9UP20265 l 176314 TR37 '05 20' Gooseneck Utility 51Y MTK IH9GP202151176315 TR38 '07 20' Utility Trailer 62Z FVG I H9UP20227 l l 76006 TR39 '07 20' Utility Trailer 63Z FVG IH9UP202071176005 TR40 '07 30' Gooseneck Trailer 82Z FWB 1H9GN352271176007 TR41 1978 Utility Trailer 83YWDM TIOHDB7829 MST&E Misc. Small Tools & Equipment Equipment List Page 5 Equip License Serial Number Descri(!tion Number Number DR I 200-2 Gang System Drill 8-201 DR2 E-Z Mini Drill Model 65 OOE471 DR3 2 Gang Drill Md! 210-2SR H897 DR4 4 Gang Drill Mdl 2 l 4-4SRA R-2850 FL3 JCB Forklift 47M 654 SLP506BOVE0579584 FL4 '98 Ingersoll Rand Forklift 153261 FL 5 '98 Ingersoll Rand Forklift 152737 FL 6 Daewoo Forklift G 255-2 12-02624 FL 7 2004 JCB Telescopic Forklift SLP506COYE0586419 BL2 2002 Terex TB60 Boomlift 2630093 FM2 CMI Bidwell Mdl OF-400 OF78173 AB2 Solar Arrowboard 84WRRM 95038404 AB6 Solar Arrowboard 2IWTXC 09031244 AB7 Solar Arrowboard 22WTXC 10034246 AB8 Solar Arrowboard 79WVCW 0404451 AB9 Solar Arrowboard 76M 262 07065432 AB 11 Solar Arrowboard 10076143 CR2 22 Ton Hydraulic Crane, Mdl#CN122-22 5E570 CA5 Crash Attenuator SS II-1751 CA6 Crash Attenuator ss 1-1793 CA 7 Crash Attenuator SSI-1994 CA8 Crash Attenuator ss 1-2425 CA9 Crash Attenuator ss 1-2423 CA 10 Crash Attenuator SSI-2601 LT 1 Allmand Br. L.Tower/Mdl 1000 Light 9801NLP08 LT2 Allmand Br. L.Tower/Mdl Night-Lite Pro 9810NLP102 LT3 Allmand Br. L.Tower/Mdl Night-Lite Pro 0774PR002 LT4 Allmand Br. L.Tower/Mdl Night-Lite Pro 0775PR002 LT 5 Allmand Br. L. Tower/Md! Night-Lite Pro 0237PR006 LT6 Allmand Br. L. Tower/Md! Night-Lite Pro 0486PR006 Equipment List Page'6 ' Equip License Serial Number Descri~tion Number Number MBl Message Board 75M 585 1P91617165G301317 MB2 Message Board 75M 586 1P91617185G301318 MB3 Message Board 09Z FZK I P9 l A l 7166G 3 0 l 1 96 MB4 Message Board 08Z FZK l P91Al 7177G301216 HPI Hydra Platform HP 35/180 61M 434 l H9US333 l 3C 196211 HP2 Hydra Platform HP 32 75M 587 l H9US2634XS 196136 HP3 Hydra Platform 76M 254 1H9US34331Cl 96176 DC 1 '93 Ingersoll Rand Dust Collector 31M 399 237941 UGD880 DC2 '92 ECS 20,000 CFM Dust Collector 3IM 392 VA2243I5TR RC 1 '95 Ingersoll Rand Portable Recy. 3IM 378 226437UDF874 RC2 '98 Vector Titan Recycler 34M 775 1 V9LT4531 WI 090008 SP 1 '82 Schmidt 6 Ton Sand Pot 31M372 VA224315TR SP2 '92 Key Houston 8 ton Sand Pot 31M 373 96146 SP 3 '94 Schmidt 6 Ton Sand Pot 31M 377 SP4 '94 Schmidt 8 Ton Sand Pot 31M 376 160WDTH TS 1 Traffic Signal 2290-2291 THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond# 8217-0 2-65 PAYMENT BOND KNOW ALL BY THESE PRESENTS : That we , (1) Gibson & Associates, Inc., , as Principal herein , and (2) Federa l I n s ur a nce Co mpany a corporation organized and existing under the laws of the State of (3) I ndiana , as surety , are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein, in the amount of Three Hundred Fourteen Thousand, Nine Hundred Twenty Four Dollars and Twenty Cents Dollars ($314,924.20) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors , administrators , successors and assigns, jointly and severally , firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 17th day of November , 2009 , which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length , for the following project: Bridge Repair and Repainting at Seven Locations TPW Project No. GG01-539590-0202003. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract , then this obligation shall be void ; otherwise , to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute , to the same extent as if it were copied at length herein . IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 17th day of November , 2009 . Gibson & Associates, Inc. PRINCIPAL ATTEST: By: __ V_~--=t-9 __ 4_~~· __ _ Cl ~,L Name: {;c/ttlt~;,,,, J. (;,6>0'1 J4.77f . (Prin6pal) retary (SE AL) Address : P. o. Bo x 800579 Balch Springs, TX 75180-0579 Federal Insurance Company ATTEST: ~ffiu::h12., iliJJW cretary SURETY By:~"AA~/ Name: Robbi Morales Attorney in Fact (SEAL) Wrtn~ Address : 2 711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 Telephone Number: 214/989-0000 NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT Bond# 8217-0 2-65 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we , (1 ) _____ G_ib __ s __ o __ n ____ &_A __ s __ s __ o __ c.;..aia.;..at ..... es ..... , ... l_n_c ...... ,..__ ___ as Principal herein , and (2) ___ F_e_de_r_a_l_I n_s_u_r_a_nc_e_C_o_mp_a_n-y ____ , a corporation organized under the laws of the State of (3) Indiana , and who is authorized to issue surety bonds in the State of Texas , Surety herein, are held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties, Texas , Obligee herein , in the sum of Three Hundred Fourteen Thousand, Nine Hundred Twenty Four Dollars and Twenty Cents Dollars ($314,924.20) for the payment of which sum we bind ourselves, our heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , Principal has entered into a certain written contract with the Obligee dated the 17th day of November , 2009 , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Bridge Repair and Repainting at Seven Locations TPW .Project No. GG01-539590-0202003. NOW, THEREFORE , the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal 's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended , and all liabilities on this bond shall be determined in accordance with the provisions of such statute , to the same extent as if it were copied at length herein. IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 17th day of November , 2009 . Gibson & Associates, Inc. PRINCIPAL ATTEST: By: __ k~A....:;......;;;1......_,,d.,c.....-=-~:::....=...-- ~k CI Name: w , 1 /1~ ,A,'/, ::1. &, '6 ~oz..-, Title: 'r/<"sicl~Vl.,+ (./7 s.f· (Princi¢31) e retary (SEAL) Address : P. o. Box 800579 Balch Springs, TX 75180-0579 Federal Insurance Company SURETY ATTEST: Q[(\l(h l\l~l)<tD By: {34--?t,J :..::?&,z~ Name: Robbi Morales Attorney in Fact Secretary (SE AL) NOTE: (1) (2) (3) Address : 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Telephone Number: __ 2_1_4/_9_8_9_-_oo_o_o __ Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond# 8217-02-65 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That Gibson & Associates, Inc., ("Contractor''),as principal, and , Federal Insurance Comp a n y a corporation organized under the laws of the State of India n~ ("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 Three Hundred Fourteen Thousand, Nine Hundred Twenty Four Dollars and Twenty Cents Dollars ($314,924.20) 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 , adm inistrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS , said Contractor has this day entered into a written Contract with the City of Fort Worth , dated the 17th of November , 20 09, a copy of wh ich is hereto attached and made a part hereof, for the performance of the following described public improvements: Bridge Repair and Repainting at Seven Locations the same being referred to herein and in said contract as the Work and being designated as project number(s) TPW Proiect No. GG01-539590-0202003 and said contract, including all of the specifications , conditions, addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the C ity ; and WHEREAS , said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two) Years ; and WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opin ion of the Director of the City of Fort Worth Department of Transportation and Public Works, 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 it said agreement to mainta in, 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 Bond# 8217-02-65 · the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in _6_ counterparts, each of which shall be deemed an original, this 1th day of November , AD. 2009. Gibson & Associates, Inc. PRINCIPAL ATTEST: By: _ __,,_,kl/.~~~1-d+-=-0_.=_;. =----- Cl ~£ (Princip'&i) S r ary P,se;f-. Name: hh tlra ~ J. t ,-/; '5oi.-, Title: __ r::>__,_/ _r_"'_.,_,__j~_e --'vt..'""'"f _____ _ (SE AL) Address: P. o. Bo x 800579 Balch Springs, TX 75180-0579 Federal Insurance Company SURETY ATTEST: ~to O)i Jw cretary By:~2i1~L Name: Robbi Morales Attorney in Fact (SE AL) NOTE: (1) (2) (3) Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Telephone Number: 214 1939 -oooo Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition , an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Oepartmen1 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, cl Wi~nsin COl'J)O:l'8tion, doeacti hereby constitut~ and appoint Lisa. M~ Bonnot, 0011 E. Cornell, Christine Davis, Roobi Morales, Luke J. Nolan, Jr., Ricarcio J. Reyna and Jerry P. Rose ot Dallas, Texas --------------- each as theif true and lawful Attorney· in-Fact to execute under such designation In their names and to alfuc lheif COIJ)Olllte seaJs to and deliver for and on their behaH as surety thereon ·or otherwise, bonds and undertakings and olh8f wrltlngs .obfigato,y In the nature lhele<>f (other than ball bonds) given or executed In the CQUrse ot· 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 W11nNt Whereof, said FEDERAL INSURANCE COMPANY, VIGllANT INSURANCE COMPANY hand PACIFIC INDEMNITY COMPANY have each executed and attested .,-,,..H"''"''"""'""--oo•" 9th ... November, 200,. _ c- ~4da~ / ~ STATE OF NEW JERSEY.-· County ot Somerset - ss. 0n this 9th day ot November, 2009 befonl me, a Noeary Publicot 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 v.tiich executed the foregoing Power of Attorney, and the said Kenneth c. Wffl;lel. being by me duly swam. did depose and av that he Is Assistant Secretary ot FEDERAL INSURANCE COMPANY. VIGILANT-INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and .knows the caporate-seals lhe!eof. that the aeaJs affixed to the loregolng Power ot Attorney are such QOIJIO(llte saals arid were thereto affixed by auth<x1ty of the By-Laws ot said Companies; and lhat _ he signed said Power of AUomey as ASslslant Sea'eta,y ot said Companies by like authority; and that he Is ac:qualnted with Oal(ld B. Noms, Jr ., and knows him to be Vice President of sald Companies; and that the slgnall.n of David B. Noms. Jr1 slJbscnbed to said Power of Attomey Is In the genuine handwriting of David B. Non1s, Jr •• and was thereto subsCl1bed by authority of said By-- -t.aws and In deponent's presence. · NOtarial Seal KATHERINE J. ADElAAR NOTARY PUBLIC OF NEW JERSEY No 2316685 Commission Expires July 16, 2014 CERTIFICATION -_ ~Public Extract from the By-Laws of FED~l: INSURANCE OOMPANY; VIGll:ANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All ~ ol attomey for and on .behalf of the Company may and shaU be elllllCUled In the name and on behalf ot the Company, either by the Chalnnan or the President or a Vice" President-or · an _Assistant Viee President, jOlnlly with 1he . s.creca,y or an Assistant Sea'etary, under their respective deSignatiOns. The slgnatlff ot such offieecs may·be engraved, printed or lithographed. The slgnatln of: each ot the following "olfioels: Chairman. Prvsldent. any Vice President, any _ Assistant Vice Pl8sldent, any Secretary. any Assistant Seaetary and the seal of 1he Company may be aflbled by facslmh to any power ot attorney or to any . c:enlficate relating thereto appointing Asslslant Secrelal1es or ~--1n-Fact for purposes only of executing -and attesting bonds and undet1aklngs and other 'Nr1tlngs obllgatorr In the nature !hereof, and any such~ ot attomey or oertillcate bearing such lacslmlle signature -or facslm!le seal shal be valid and blndlng upon the Company and any such powat so elC!ICUled and certified by such facslmlte signature and facslmle seal shal be valld and binding upon the Company with respec:t lo any bond or undeftaklng to which It Is attached." · I, Kenne1h C. Wendel. ~t Secreta,yot FEOERAI.. INSURANCE COMPANY, VIGILANT INSURANCE OOMPN('(, and PAClFIC INDEMNITY COMPANY (the ~les") do hereby certify that (i)" _ the foregoing extract of the By-Laws of the Companies Is true and coriect. (II)· the Coq,anles are duly licensed and authorized to transact surety busill8$S In all 50 ot the United States ot America and the Dlstilct of Columbia and are aU1hOrizad by the U.S. Treasuy Department; further, Federal and Vigilant are liclensed In Puerto Rk:o and the U.S. V,rgfn Islands, and Federal Is licensed in Amec1can Samoa. Guam, and each of the Provtnces ot Canada exceP. Prinoe Edwan:l Island; and . (Ill) the foregoing Power of Attorney is true, comiet and In full fon:,e and effect. Given undermyhandandseals of said Companies at Warren, NJ this November 17, 2009 Kenneth C. Wel\del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER . MATIER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3493 Fax (908) 903-3656 e-mail: suretv@chubb.com Form 15-10-02258 -U (Ed . 5-03) CONSENT Poflcyholder Information Notice 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 infonnation on companies, -----ooverages,rights-or-compfai 1-800-262-3439 You may wrj.te the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX lf(512) 475-1771 Web: http://www.tdi.state.tx..us E-mail:· ConsumerProtection@tdi.state.tx.us PREMIUM OR·CLA/M DISPUTES: Shouldyouhaveadisputeconcemingyourpremium or about a claim you should contact the agent first If the dispute is not resolved, you may contact the 'lex.as Department of Insuranc.e. ATTACH 1HIS NOT1CE ro YOUR POUCY: This notice is for information only and does not become a part or condition of the attached document. Form 99-10-0299 (Rev. 1.08) AV/SO IMPORTANTE Para obtener informaci6n o para someter una queja: Usted puede Hamar al numero de telefono gratis de Chubb's para informaci6n o para someter una queja al 1-.800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener informaci6n.._acerc.u""'::i.___ __ _ de compafifas, coberturas, derechos o quejas al t-800-262-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, 1X 78714-9104 · FAX# (512) 475.:.1771 Web:. http://www.tdi.state.tx.us E-mail; ConsumerProtection@tdi.state.tx.us 0/SPUTAS SQBRE P8IMAS0 RECLAMOS: Si ti.ene una disputa ooncemiente a su pd.ma o a un · reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el depamunento (IDI). UNA ESTE AVISO A SU·POUZA: &te aviso es solo para prop6sito de informaci6n y nose convierte enparte o condici6n del documento adjunto. THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT Th is agreement made and entered into this the 1ih day of November , 20 09 by and between the CITY OF FORT WORTH , a mun ic ipal corporation of Tarrant County, Texas , organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, AD ., 1924 , under the authority (vested in said voters by the "Home Rule" provis ion) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, and Gibson & Associates, Inc., HEREINAFTER CALLED Contractor. WITNESSETH : That said parties have agreed as follows : 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS 2009-21 Designated as project number: GG01-539590-0202003 . 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. OFFICIAL RECORD CITY SECRETARY s::r. WORTH, TX 3 . The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Pub lic Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 90 (Ninety) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions , there shall be deducted from any monies due or which may thereafter become due him , the sum of$ 210.00 per calendar day, not as a pena lty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications , and Contract Documents , then the Owner shall have the ri ght to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing , setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City 's engineer and architect , and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense , the Owner, its officers , servants and employees , from and against any and all claims or suits for property loss , property damage , personal injury , including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers , agents , employees , subcontractors , licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage , loss or destruction to property of the Owner arising from the performance of any of the ter cernf · f this OFFICIAL RECORD CITY SECRETARY C-2 FT. WORTH, TX Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may , if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work , to make , execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work , such bonds being as provided and required in Texas Government Code Section 2253, as amended , in the form included in the Contract Documents , and such bonds shall be 100 percent (100%) of the total contract price , and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City Council of the City of Fort Worth . 8 . Said City agrees and binds itself to pay , and the said agrees to receive , for all of the aforesaid work , and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in by-weekly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates NIA shall be THREE HUNDRED FOURTEEN THOUSAND, NINE HUNDRED TWENTY FOUR DOLLARS AND TWENTY CENTS $314,924.20 C-3 -Off\C\AL RECORD CITY SECRETARY FT. WORTH, TX _ 1 l 9. It is further agreed that the performance of this Contract, either in whole or in part , shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 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 cop ies verbatim herein . 11 . The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12 . It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same . IN WITNESS WHEREOF , the City of Fort Worth has caused this instrument to be s igned in Six (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through its duly authorized officers in Six (6) counterparts with its corporate seal attached. C-4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Done in Fort Worth , Texas, this the __ 1..:....:7'--th __ day of November , 2009 --- APPROVED: oiREcio~RANsPAn ND ..;F PUBLIC WORKS DEPARTMENT (Contractor) BY : __ V--=--.:..,c~~o~....:>..-+-d --=-=~--=----- (Representative) tJ1 t /14~ -J. a ,~bSor/ -17,,€',;[of...e~-i (TITLE) 11 :Lio T?v Ii ~ aJ'()S'-/ (Address) 'j2;;,a_ fc ft ~p!'-1--t 9'5 ,. '[K -7'5 I l?o (City/State/Zip) Revised J une 2008 Co n t rac t Authorizatioa \ \ \\,i~C\ ATIEST: APPROVED AS TO FORM & LEGALITY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPENDIX A: SUMMARY OF QUANTITIES BRIDGE REPAIR AND REPAINTING AT SEVEN LOCATIONS (2009-21) SUMMARY OF QUANTITIES Item Nos 1 2 3 4 5 6 7&8 Bridge Concrete Bridge Concrete Bridge Cleaning & Mortar Patch Multi-Layer Install Drain Clean , Prime and Paint Deck Repair Class I Deck Repair Sealing Deck Epoxy Concrete Pipe Steel Superstructure (B) (Shallow) Class II (B) (Mid Joints Overlay Extensions Depth) SF SF LF SF SF LF LS Angle Avenue NB 200 100 4 ,000 5 ,624 Angle Avenue SB 200 100 2 ,000 5 ,624 White Settlement Rd EB 60 100 White Settlement Rd WB 60 100 1 Bellaire Dr, S EB Bellaire Dr, S WB 1 NW 30th St 200 100 500 5 ,780 Westcreek Dr 1,400 400 Mockingbird Ln 20 20 2 ,700 Shackleford St 20 20 750 TOTAL 2 ,040 740 120 6 ,500 20,478 200 2 APPENDIX B: PROJECT LOCATION MAPS -- J I 1 Id z 0 >-w ...J z ;.: u :; ANGLE AVE BRIDGE MAPSC048W 36TH Angle Ave Bridge (NB & SB) over Marine Creek 48W 32ND 6 35 H ::, CD :; ::, ...J 0 u 1ST 34TH LONG ~ ~ (/) w I u ...J a: <( ~ 602 WHITE SETTLEMENT RD BRIDGE MAPSCO 61W 61N ·---·----,.----64-P 61S 61T MELBOURNE White Settlement Rd Bridge (EB &WB) \ overWFTR I ----0-11 ------L >-Q Q --l'l': ll. WHITE SETTLEMENT er: . REDBUD SLATE ..:----z w I ~ DEAVERS f-w VJ z :, VJ I >-er: w VJ er: :, z -, "' r------ l 758 ! 75A 1-----+.:=.:.:.;_---,!!,+-----t-------,i .,, ~ ~ V LDER BELLAIRE DR, S BRIDGE MAPSCO 71X / HAR1WOOD -. 89B 1 (/) :, CD ::; 3 0 u 29TH 31ST .... :, t- 3] I u 48W NW 30TH ST BRIDGE MAPSCO 62A LONG 48X l-----------1,-------·----+~ .... :, z .... (/) w I u .... :, z .... (/) w I u 62A _, Cl'. UJ CL LORAINE I g 5 I I 31ST NW 30th St Bridge over Marine Creek 29T H LORAINE E. _____ L_ __ ---62-F ________ .. WESTCREEK DR BRIDGE MAPSCO 104A SH STA SOUTH CREEK / / st-1ASTA CANYON BAMBERRY MANORWOOD MOCKINGBIRD LN BRIDGE MAPSCO 75V I KINGSTON LYNNC REST 75R Mockingbird Ln Bridge over Tributary of Trinity River 752 z 0 ~ <( l I 176N I PARK LL \"s ! I ---1- i 76 I 1 92F 92P SEMINARY z .,: :::; 0:: 0 0 z :5 0 z SHACKLEFORD ST BRIDGE MAPSCO 92L VINETIA KELLIS FAIRFAX ARBOR I ~ w 92L u. w ...J >:'. :i I U) 920 Shackleford St Bridge over Tributary of Lake Arlingtonn AL G ER ITA OAK HILL I PECOS 92 H 92M KELR OY APPENDIX C: PROJECT DESIGNATION SIGN DETAIL Y PROJECT DESIGNATION SIGN T 1 i 4' -0" FONTS: ---------4' -0" ________ ___, 6~,, PMS· 167 ==c 3" 3"C Project Title 1 1 .. 3 "C 2ND LINE ' IFNECESSARY _/ --r 3'' 1~,,======= Contractor: --=± 1,, 2f'LContractor's Name 1 2 1~''3= Scheduled Completion Date 1~,, t Year 1 ,, 2 5 ,, 1 ,, FORT WORTH LOGO = CHEL TINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH -PMS 288 LONGHORNLOGO -PMS167 LETTERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH-CONSTRUCTION STANDARD DRAWING NO . DATE: 9-20-02