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Home My WebLink AboutContract 39654CITY SECRETARY ~D, 1:'0 CONTRACTNO .~~~~-'--~d.--.....:r SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF: BREEZEWOOD AND TRINITY BLVD; RAIDER DR AND TRINITY BL VD; RAMEY AND MILLER A VE; BERRY AND MILLER A VE; MARK IV PKWY AND WESTERN CENTER; AMERICAN BLVD AND TRINITY BLVD; POST OAK BLVD AND TRINITY BL VD PROJECT No. TPW-TS-2007-00023 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 "'sPORATt O <>,,,""'''• :.t, {? ... ~c· or )-••• ~.., ,.'<" ... '"'···············/','''-'/! ,.__x..• • .:;.___ t>··*, ····.'f ,,, 'J' v-;,:V)/ ,-.-... ··-:?J'\', C;:,. it ~~/ ......... ~: .... ~ ............ :\~:\ i cz :JOS[PH C. MAST[~SON : _:; •.. ,·····:····················· .............. , .... ,VJ JOSEPH C. MASTERSON, P.E. . \1b·· ... ,,;i 64170 . /ti TRANSYSTEMS CORPORATION CONSULTANTS ~\'X\·/f!/~.:r. ,~'s-:··,-: PROJECT MANAGER ·,,~,,:~~,;~:..,,' · r--3 5:)7 1 -l<-f -O°f TRANSPORTATION AND PUBLIC WORKS DEPARTMENT OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX • M&CReview Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT \VORTH ~ DATE: CODE: 11/10/2009 C COUNCIL ACTION: Approved on 11/10/2009 REFERENCE NO.: TYPE : C-23906 NON- CONSENT LOG NAME: PUBLIC HEARING: 20SIGNALPACK23 NO SUBJECT: Authorize Execution of a Contract with Durable Specialties, Inc., in the Amount of $469 ,000 .00 for the Installation of Seven Traffic Signals at the Intersections of Breezewood/Trinity, Raider/Trinity, Miller/Ramey, Berry/Miller, Mark IV/Western Center, American/Trinity and Post Oak/Trinity RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the lowest responsible bidder, Durable Specialties , Inc., in the amount of $469 ,000 .00 for the installation of seven traffic signals at the intersections of Breezewood/Trinity, Raider/Trin ity, Miller/Ramey, Berry/Miller, Mark IV/Western Center, American/Trinity and Post Oak/Trinity . DISCUSSION: The 2004 Capital Improvement Program included funds for traffic signal installation and replacement. A traffic signal study concluded that these intersections meet the warrant requirements for a traffic signal based on the Texas Manual on Uniform Traffic Control Devices. The Transportation and Public Works Department proposes to install fully actuated traffic signals at these seven locations . On March 4, 2008, (M&C C-22696) Council approved an engineering agreement with TranSystems Corporation Consultants for the preparation of plans, specifications, and estimates for the intersections of Cantrell-Samson/Mark IV , Mark IV/Western Center, Breezewood/Trinity , Raider/Trinity, Berry/Miller and Miller/Ramey . It was decided to construct the intersection of Cantrell-Samson Parkway/Mark IV at a later date, once the remaining approaches are widened. Two intersections, American/Trinity and Post Oak/Trinity, were added to this project in order to expedite the construction along Trinity Boulevard under one contract. The expected installation cost for this project is $1,031,915.00, which is described below . ITEM/DESCRIPTION Contract Cost Contingency Supplies: Signals Services Design Advertising & Legal Publications TPW Staff Labor: Project Management and Inspection Total COST $ 469,000 .00 $ 23 ,550.00 $ 339,000 .00 $ 32 ,000.00 $ 123,400.00 $ 60 .00 ~ 44,905.00 $1,031,915.00 The expected annual maintenance cost for each fully actuated traffic signal is $1 ,875.00 per signal. The project was advertised for bid on July 16 , 2009 and July 23 , 2009, in the Fort Worth Star- Telegram. The following bids were received : http://a pps.cfwnet.org/ council _packet/me _review .asp ?ID= 125 7 4&councildate= 11/10/2009 12/4/2009 - M&CReview BIDDER Republic ITS Durable Specialties, Inc. Bean Electrical, Inc. Forcecon Services , LLC Independent Utility Construction Inc . Battson Contracting, Co . Inc . Meis Electric, LP AMOUNT *Non-Responsible $469,000 .00 $475,000 .00 $501 ,923 .70 $510 ,244 .39 $572,556 .14 $586 ,820 .05 Page 2 of2 *Republic ITS was found to be non-responsible based on their performance on the City of Fort Worth Freeway Lighting Maintenance Contract which was terminated . Texas Local Government Code 271 .027 (b) provides that a contract for the construction of a public works project must be awarded to the lowest responsible bidder, but the contract may not be awarded to a bidder who is not the lowest bidder unless before the award each lower bidder is given notice of the proposed award and is given an opportunity to appear before the governing body and present evidence concerning the bidder's responsibility . In compliance with 271 .027(b), staff has informed Republic ITS in writing of the recommendation proposed herein along with the date and time that this Mayor and Council Communication will be presented to the City Council for consideration. Staff considers Durable Specialties, lnc.'s bid to be fair and reasonable and recommends it as the lowest responsible bidder. Durable Specialties, Inc., is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation . The City's goal on this project is 10 percent. This project is located in COUNCIL DISTRICTS 2 and 5 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget , as appropriated , of the Street Light and Signal Improvements Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Cover Sheet.pdf QMF.pdf FROM Fund/Account/Centers C201 541200 202710034480 339 747 .50 C201 541200 202720034480 $129 ,252 .50 Fernando Costa (6122) William Verkest (7801) Marisa Conlin (8779) http://app s.cfwne t.or g/council packet/me re view .asp?I D= l 2574&councildate= 11/10/2 009 12/4/2009 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF: BREEZEWOOD AND TRINITY BLVD; . RAIDER DR AND TRINITY BLVD; RAMEY AND MILLER A VE; BERRY AND MILLER A VE; MARK IV PKWY AND WESTERN CENTER; AMERICAN BLVD AND TRINITY BLVD; POST OAK BL VD AND TRINITY BL VD PROJECT No. TPW-TS-2007-00023 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 o?-?ORAT1 O C, "''"~'''• :iv C:> ,,":'c Or ?-•• 0.Q ,. .. .. "\ '::··"·········.'. (" i!I, 1/ "''<./ ... "' ~.-·· * ···-::::-1 ,, J' Cr, :0 .·· " . .. ... .J' ' ~ ~:-...-. '\•-',·_;, V?,,,._.. ' ·,·~'.? -2':, ..... , ..................................... · ..... ,z ~ :JOSEPH C. MASTERSON : -i \-· , ....• , •.•.•...••.•......•.........•....•.. _. ..•. , (/J ~"\)\ 64170 _:0;:: JOSEPH C. MASTERSON, P.E. ~/8·· .. ~ ,-,-r:b.S-~7- TRANSYSTEMS CORPORATION CONSULTANTS ~,,:,···:~!~ PROJECT MANAGER ~N~~~~ ......... .. ,,,,~ r--35S"i 7_/c..f-O°/ TRANSPORTATION AND PUBLIC WORKS DEPARTMENT -I Part A PartB Part C PartD Part E PartF Part G TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Proposal Vendor Compliance to State Law Conflict of Interest Disclosure Requirement Minority and Women Business Enterprise Specifications General Conditions (See City of Fort Worth Standard Specifications For Street And Storm Drain Construction, Part I. General Provisions) Special Provisions Traffic Signal Specifications Certificate of Insurance and Bonds Certificate of Insurance Contractor Compliance With Worker's Compensation Law Experience Record Equipment Schedule Maintenance Bond Performance Bond Payment Bond Contract -I PART A NOTICE TO BIDDERS AND SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF: BREEZEWOOD AND TRINITY BLVD; RAIDER DR AND TRINITY BL VD; RAMEY AND MILLER A VE; BERRY AND MILLER A VE; MARK IV PKWY AND WESTERN CENTER; AMERICAN BL VD AND TRINITY BLVD; POST OAK BL VD AND TRINITY BLVD PROJECT NO. TPW-TS-2007-00023 The project consists of the complete installation of traffic signals with poles , mast arms, pole foundations, conduit, and detection system at the locations listed above. Addressed to Mr. Dale A. Fisseler, P .E., City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 PM, Thursday, August 6, 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 obtained beginnin g Monday, July 20, 2009 from the Transportation and Public Works Department 's James Ave Service Center located at 5001 James Ave, Suite 301, Fort Worth , Texas. Each set of documents will be provided to prospective bidders for a cost of $30.00; such deposit will be nonrefundable . These documents contain additional information for prospective bidders . A non-mandatory Pre-Bid Conference will be held at 10:30 AM on Tuesday, July 28, 2009 5001 James Ave , Suite 301. All bidders are encouraged to attend . Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and /or all irregularities . No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M /WBE UTILIZATION FORM, PRIME CONTRACTOR WANER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made , will be within forty-nine ( 49) days after this docum e ntation is received , but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified . Bidders are respon si ble 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 nonresponsive . Information regarding the status of Addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392-7738. ln accord with City of Fort Worth Ordinance No.15530, the City of Fort Worth ha s goals for the participation of min ority busin ess enterprises and women business enterprises in City contracts. A copy of the Ordinance can be o btained from the Office of the City Secretary. The bidder shall submit the SIS UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, the GOOD FAITH EFFORT FORM ("Documentation") and/or the JOINT VENTURE FORM as appropriate. The documentation mu st be received no lat er than 5:00 PM, five (5) City bu s ine ss days after the bid opening date. The bidder shall obtain a rec e ipt from the appropriate employee of the manag in g department to whom delivery was made. Such receipt shall be evidence that the doc umentati o n was received by the City . Failure to comply shall render the bid nonresponsive. For additional information , contact Homero Beltran, at (817) 392-8061. Advertising Dates: July 16, 2009 and July 23, 2009 _j 1. SPECIAL INSTRUCTIONS TO BIDDERS BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may 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. 3. 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 Department of Transportation Public Works Traffic Services Division at (817) 392-7738. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. SPECIAL INS TRUCTIONS TO BIDDERS -I - _J 4. AW ARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsible 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 le ss, 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 suc h 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 wi ll be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any liti gation 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 S PE C IAL INSTR UC TIONS TO BIDDERS -2 - _j 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. 8 9. 10. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex , race, religion , color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices . WAGE RATES: All bidders will be required to comply with prov1s10n 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. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation/Public Works Director 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. 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 7610 2, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D . Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal , and /or material change in polic y terms SPEC IAL INS TR UC TI ONS TO BIDD ERS -3 - _J -· I or coverage. A ten days notice shall be acceptable in the event of non -payment of premmm. 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 IN STRU CTION S TO BIDDERS -4 - 12 . -. / "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. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance 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. 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 Department of Transportation/Public Works ("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 furn 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 day s after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office , regardle ss of whether or 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 space s pro vided , and pro vid e a brief explanation. SP EC IAL IN ST RUCT IO N S T O BIDD ERS -5 - _) --I • 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) 392-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterpri se (M /WB E ) 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 fact s ( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be ground s for termination of the contract and/or initiating action under appropriate federal , state or local laws or ordinances relating to false statements ; further , an y such misrepresentation ( other than a negligent misrepresentation) and /or commi ss ion of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not le ss than three y ears. SPE C IAL INS TR UC TI ON S TO BIDD ERS -6 - J _J . ../ --1 I -~' 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. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: The contractor will receive full payment (less retainage) from the city for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. 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. The warranty period shall begin as of the date that the final punch list has been completed. If the contract amount is less than $400,000, retainage will be 10%; in excess of $400 ,000, retainage will be 5%. 15. 16. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. -10:00 a.m. being critical ozone forming periods each day. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service , will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day . On designated Ozone Alert Days , the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a .m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. 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 Ozone Alert 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 pro viding services on the project ("subcontractor" in. 406.096) -include s all persons or entities performing all or part of the services the contractor ha s undertaken SPEC IAL INSTRUCTIONS TO BIDDERS -7 - - ....I _) 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 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 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: SPECIAL INST RUCT IONS TO BIDDERS -8 - j -i _, (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 (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. SPECIAL INSTRUCT IO NS TO BIDDERS -9 - _J - _-.. 17. 18. "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." "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 ." 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 max imum 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. 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 serv ices 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 provi sion s and any other applicable federal , state , or local laws concerning disability and will de fe nd , ind emnify and hold City harmless SP EC IAL INS TR UC TI ONS TO BIDD ERS -IO - 19. --1 . I 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. COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE LAWS (a) Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. ( c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker , concerning an alleged violation of 2258.023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation. ( d) Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258.023 , Texas Government Code, including a penalty owed to the City or an affected worker , shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ( e) Records to be Maintained . The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provi sions of the Audit section of these contract documents shall pertain to this inspection. SPEC IAL INS TR UC TI ONS TO BIDD ERS -I I • -1 -I --I ~1 -! --i (f) Pay Estimates . With each partial payment estimate or payroll period, whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates m a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. SPEC IAL INSTRUC TI ONS TO BIDDERS -12 - _] ,J ,J , l _J -1 _J -J ~1 -1 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2008 CLASSIFICATION AIR TOOL OPERA TOR ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER (PA YING) CONCRETE FINISHER HELPER (PAV ING) CONCRETE FINISHER (STRUCTURES ) CONCRETE RUBBER ELECTRJCIAN FLAGGER FORM BUILDER (STRUCTURES) FORM LINER (PAV ING & CURB ) FORM SETTER (PAVING & CURB) FORM SETTER (STRUCTURES) LABORER, COMMON LABORER, UTILITY MECHAN IC OILER SERVICER PAINTER (STRUCTURES ) PIPELAYER PI PELA YER HELPER BLASTER ASPHALT DISTRIBUTOR OPERA TOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACH INE CONCRETE FINJSHING MACHINE CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL , BACKHOE , DERRI C K, DRAG LI N E, SHOVEL FOUNDATION DRJLL OPERATOR (CRAWLER MOUNTED) FOUNDATION DRILL OPERATOR (TRUCK MOUNTED) RATE CLASSIFICATION $10.06 FRONT END LOADER MILLING MACHINE OPERA TOR $11.01 MIXER (OVER 16 CF) $8 .80 MOTOR GRADER OPERA TOR (F INE GRADE) $14 .15 MOTOR GRADE OPERA TOR (ROUGH) $12.80 PAVEMENT MARKING MACHINE $12 .85 ROLLER, STEEL WHEEL $9.70 (PLANT-MIX PA YEMENIS) $13 .27 ROLLER, STEEL WHEEL (OTHER (FLATWHEEL OR TAMPING) $10.61 ROLLER, PNEUMATIC SELF- PROPELLED SCRAPER $18.12 SCRAPER $8.43 TRACTOR-CRAWLER TYPE $11.63 TRACTOR-PNEUMATIC $10 .23 TRAVELING MIXER $11.83 W AGON-DRJLL , BORJNG MACHINE $9.73 REINFORCING STEEL SETTER (PAVING) $9 .18 REINFORCING STEEL SETTER (STRUCTURAL) $10 .65 STEEL WORKER-STRUCTURAL $16 .97 SPREADER BOX OPERATOR $14.98 WORK ZONE BARRICADE $12.32 TRUCK DRIVER-SINGLE AXLE (LIGHT) $13 .17 TRUCK DRIVER-SINGLE AXLE (HEAVY) $11.04 TRUCK DRIVER-TANDEM AXLE $6.75 (SEMI -TRAILER) $11.50 TRUCK DRIVER-LOWBOY/FLOAT $13.99 TRUCK DRIVER-TRANSIT MIX $12.78 TRUCK DRIVER-WINCH $9 .88 VIBRATOR OPERA TOR (HAND TYPE) $13.22 WELDER $12 .00 $13.63 $12 .50 $9 .00 $1 3.56 $14 .50 $12.33 $14 .12 $13 .67 $16 .30 END OF SECTION SPEC IAL INST RUCTIO NS TO BIDDERS · I 3 · RATE $12.62 $11.83 $11.58 $15.20 $14.50 $10.04 $11.28 $10.92 $11.07 $11.42 $12.60 $12.91 $12 .03 $14.00 $14.86 $16.29 $17.43 $10.92 $10 .09 $10 .9 1 $11.47 $1175 $14 .93 $12 .08 $9 .80 $7 .32 $13 .57 _ _j _J ~I I --1 I J -I -.. I ' -J I -1 PARTB PROPOSAL VENDORCOMPLIANCETOSTATELAW CONFLICT OF INTEREST DISCLOSURE REQUIREMENT M/WBEFORMS . I I I .I -I -1 • I I , -1 • I TO: Dale A. Fisseler, P.E. City Manager Fort Worth , Texas PROPOSAL FOR: SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF: BREEZEWOOD AND TRINITY BLVD; RAIDER DR AND TRINITY BL VD; RAMEY AND MILLER A VE; BERRY AND MILLER A VE; MARK IV PKWY AND WESTERN CENTER; AMERICAN BLVD AND TRINITY BLVD; POST OAK BLVD AND TRINITY BLVD PROJECT NO. TPW-TS-2007-00023 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 complete all the work as provided in the plans and specifications , and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council , the bidder is bound to execute a contract sum s, to-wit: and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following signal installations. Proposal B -I I SIGNAL INSTALLATIONS: BREEZEWOOD AND TRINITY BLVD; RAIDER DR AND TRINITY BLVD; RAMEY AND MILLER AVE; BERRY AND MILLER AVE; MARK IV PKWY AND WESTERN CENTER; AMERICAN BLVD AND TRINITY BLVD; POST OAK BLVD AND TRINITY BLVD PAY APPROX. DESCRIPTION OF ITEMS UNIT COST TOTAL COST ITEM QUANTITY I I LS Signal-Mobilization -ServiceCS $ 77'10.00 $ 17'/D,(l) 2 73 EA Signal-Signal Head 3 Section Type A, Type B -Install $ """· 00 $ bS, 700.00 3 8 EA Signal-Signal Head 5 Section House Head Type E -$ $ Install l't0{),00 111 200,00 4 28 EA Signal-International Pedestrian Signal Type P -Install $ 5t(),()O $ IS', f'«J. oo 5 28 EA Signal-Pedestrian Pushbutton & Sign Assembly -$ 1,0.00 $ 'IZ.00.~ Install 6 24 EA Signal-Micro Loop Probes -Install $ /l/X),(X) $ ZS.810.oo 7 24 EA Electrical-Ground Box with Lid and Apron -Large -$ $ tto..320.oO Install "30.oo 8 44 EA Electrical-Ground Box with Lid and Apron -Small -$ $ Install ftUJ.00 z.~.O'IO,(X) 9 1,042 LF Conduit-Schedule 40, PVC 3" Open Cut -Install $ 7.00 $ 72.'l'/,OO 10 4 ,194 LF Conduit-Schedule 40, PVC 2" Open Cut -Install $ ~.oo $ lS, 16~ ,00 II 2,569 LF Conduit-Schedule 40, PVC 3" Bore -Install $ ,~.(X) $ 18,SJS",OO 12 484 LF Conduit-Schedule 40 PVC, 2" Bore -Install $ /'{,{)() $ ,11,.00 13 120 LF Conduit-Rigid Metal 2 Inch-In stall $ 11..00 $ l'l'I0.00 14 4,416 LF Cable-20 Conductor # 14 Stranded Cable -Install $ l,SO $ /11 C'/0. {)() 15 10,645 LF Cable-4 Conductor# 18 Stranded Cable -Install $ /,()() $ IO,i,'/5,00 16 3 ,379 LF Cable-Num 8 XHHW Black -Install $ / ,00 $ 3379.0CJ 17 3 ,379 LF Cable-Num 8 XHHW White -Install $ J,()() $ 131',00 18 5 ,512 LF Cable-Num 8 Bare -Install $ /,00 $ SSIZ,00 19 1,856 LF Cable-Num 6 XHHW Black -Install $ /,00 $ l~h.00 20 928 LF Cable-Num 6 XHHW White -Install $ /,()() $ 9/.S.OO 21 125 LF Cable-Overhead Num 6 Triplex -Install $ /,60 $ Ux),00 22 II EA Signal-Concrete Foundation Type I -In stall $ 1~.00 $ 82S"o,00 23 2 EA Signal-Concrete Foundation T y pe 2 -In stall $ 7/JJ.OO $ ISZo.00 24 12 EA Signal-Concrete Foundation T y pe 3 -In stall $ l«xJ.oo $ l'i, 200,00 25 10 EA Signal-Concrete Foundation Type 4 -In sta ll $ Z/00,(X> $ 2 l;Dell>.00 Propo sa l 8-2 PAY APPROX. DESCRIPTION OF ITEMS UNIT COST TOTAL COST I ITEM QUANTITY 26 6 EA Signal-Concrete Foundation Type 5 -Install $ Zl00,00 $ I J, ZtKJ. ct, 27 2 EA Signal-Base for IO' or 14' Pedestal Pole Assembly -$ $ Install ZOO,()() '/(.().00 28 7 EA Signal-Cabinet Concrete Foundation -Install $ ZCX::C,DO $ /'{/)(;(),00 29 6 EA Signal -Pedestal Service-item provided by City -$ "l>O,()() $ 'l,a:>. 00 Install 30 16 EA Signal-Mast Arm Stabilizer -Install $ /C(),(X) $ /id),()() 31 7 EA Signal-Traffic Signal Miscellaneous (Testing, etc.) -$ $ Install /.()(){) .()() l~.tm.lC> 32 2,221 SF Walk-ADA Wheelchair Ramp -Install $ ~.(){) $ /~/OS.co 33 137 SF Walk-Install $ 10,«J $ /J'l:J,00 34 313 LF Curb & Gutter -Install $ '/.DO $ 28/7,()() 35 66 SF Driveway -Install $ l/5.oo $ t'i10. 00 36 147 SF Driveway -Remove $ /0,00 $ 1'17(),(X) 37 358 SF Pavement-Non Green Cement -Install $ /2,{,() $ 'IZfiJ.W 38 2 EA Signal-IO Ft Pedestal Pole-item provided by City -$ l«J,O() $ zoo.oo Install 39 4 EA Signal-24 Ft Mast Arm-item provided by City -Install $ '(((),{)() $ /IUJ,()O 40 I EA Signal-28 Ft Mast Arm-item provided by City -Install $ '{(1).00 $ '/00 .. Q') 41 I EA Signal -32 Ft Mast Arm-item provided by City -Install $ q{)b,00 $ '{tJJ,00 42 5 EA Signal-36 Ft Mast Arm-item provided by City -Install $ '/Ob,0/J $ zc«),O() 43 6 EA Signal-40 Ft Mast Arm-item provided by City -Install $ qtiJ,()O $ v1~.oo 44 3 EA Signal-44 Ft Mast Arm-item provided by City -Install $ './Ob.()() $ 1200,(X) 45 I EA Signal-48 Ft Mast Arm-item provided by City -Install $ '{C(),/)() $ L/tXJ.00 46 4 EA Signal-52 Ft Mast Arm-item provided by City -Install $ 400,00 $ /b{(),«) 47 2 EA Signal-56 Ft Mast Arm-item provided by City -Install $ 400.oo $ iw.oo 48 9 EA Signal-Type 41 Signal Pole-item provided by City -$ '(C(),00 $ J~.{X) Install 49 3 EA Signal-Type 42 Signal Pole-item provided by City-$ 400.0D $ J'la:J.()() Install 50 5 EA Signal-Ty pe 43 Sig nal Pole-item provided by City -$ 400.00 $ In sta ll UXXJ..oo 5 1 5 EA S ignal -Ty pe 44 Signal Pole-item pro vi ded by City-$ 4Cf),00 $ lat).{f) In sta ll Pro posa l B-3 PAY A PPRO X. DESCRIPTION OF ITEMS UNIT COST TOTAL COST ITEM QUANTITY 52 6 EA Signal-Type 45 Signal Pole-item provided by City -$ '{(J),(i) $ l t/{{),(X) Install 53 7 EA Signal -1 70E Controller/Cabinet Gmd-Mnt-item $ ~(X),00 $ 3~C(),(X) provided by City -Install 54 7 LS Signal-Opticom Cable and Detectors-item provided by $ 'l;o,C() $ .JI Sl), OD City-In stall 55 3 ,726 LF Signal-Coax Cable RG-11-item provided by City-$ O,~O $ /863.00 Install 56 7 LS Signal-V IVD S-item provided by City-Install $ td).00 $ I/Z00,00 57 23 EA Signal-8 Ft Street Light Assembly-item provided by $ So,oo $ /IS0,00 City-Install 58 I EA Signal-Wood Pole -Install $ C,tx),00 $ 1C().OI) 59 1,332 SF Walk -Remove $ 2,00 $ z. "'". (X) 60 884 SF Walk-ADA Wheelchair Ramp -Remove $ Z,CI) $ 11'8,00 61 198 LF Curb & Gutter -Remove $ "I ,00 $ 1~2.00 62 2 EA Signal-Salvage Existing Traffic Signal Equipment -$ 7':l),00 $ /S00,00 Remove 63 6 EA Signal -Solar Powered Flashing Beacon Assembly-$ 700,00 $ 'IZCO.oo item provided by city -Install 64 2 EA Install W3-3 (Signal Ahead) Po le Mounted Sign $ ,"0,00 $ /(X),{X) 65 15 EA Install R9-3a (No Pedestrian Crossing) Pole Mounted Sign $ ~tJ,00 $ 75'0,0D 66 I EA Install R6-IR (One Way/Right) Mast Arm Mounted $ 67,00 $ {, 1.00 Sign 67 2 EA Install R6-IL (One Way/Left) Mast Arm Mounted $ ,o.oo $ /~.C() Sign 68 12 EA Install RI 0-1 OL (Left Turn Signal) Mast Arm Sign $ 51),00 $ '10a.oo 69 8 EA In stall RI 0 -21 (Left Turn Signal Yeild on Green Ball) $ 5"0,00 $ '/00,{X) Mast Arm Sign 70 3 EA Install (Intersection Lane Control) Mast Arm Sign $ 5tJ,OO $ l'Sb.oo 71 27 EA Install METRO Ov e rhead Street Sign-Item Provided $ /(,(),()0 $ 270().QJ by City-Install TOTAL BID $ 4fo9,{l)l),(X Pro pos al 13 --I 0 fit I Propo sa l CONTRACTOR WILL BE SELECTED ON BASIS OF TOT AL BID This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20 .04 (F) of the Texas Limited Sales , Excise and Use Tax Act , The Contractor shall comply with City Ordinance 7278 , as amended by City Ordinance 7400 (Fort Worth City Code Sections l 3-A-21 through I 3-A-29), prohibiting discrimination in employment practices. The under signed agrees to complete all work covered by these contract documents within Two Hundred Eighty {280) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction " as established by the City of Fort Worth , Texas . Within ten ( 10) calendar days of receipt of notice of acceptance of this bid , the unders igned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of r F,/.t Dollars ($ 23. 4 G"O. 00 ) is to be forfeited in the event the contract and bond are not executed ithin the time set forth , as liquidated dama ges for delay and additional work caused thereby. The Bidder agrees to be g in construction within IO working days after issue of the work order, and to complete the contract within Two Hundred Eighty {280) Calendar Days after be gi nning construction as set forth in the written work order to be furnished by the Owner. (I /we), acknowledge receipt of the following addenda to the plans and specifications , all of the provi s ions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No . I (Initials) ______ Addendum No . 3 (Initials) _____ _ Addendum No . 2 (Initials) ______ Addendum No. 4 (Initials) _____ _ (SE AL) Contractor: .Dt1ra.b ,~ Sp«iG.ltce.s )ttc.. Address : Po Box .3811BB D tit\ ((ltl vd le , Tt 7 S-t 3S Tel e phone: 97z_. 21~-,JZ'/ Date B --~-0!) B-5 VENDOR COMPLIANCE TO ST A TE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders ( out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction , improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in __________ (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: i 'J. I I S A I e.. ~Cl n cl t: r AV 6 -Du 11 c an v 1 11 e.-I.X '2513<i5 C ity State Zip ?5/3 7 Signature : Title : -,-y-(". C/ -5 () V: G ~r-- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Bid Date : Project Name : Project DOE #: City Project #: MWBE Documentation. Received Department of Engineering Project Manager. I Forms submitted by: Name: Title: ./ahvfi.~ -~ J 8 -'1 1 -J l) p 1 2 : I ';/ I -~ Signature of City Staff receiv ing: ___ 71:"-"-'~--· ,....ii:;...<...,...;=·-.£.w---" ........ ~~~-.=-.-,.,,,::;;;..--------- F O RT W ORTH ~ City of Fort Worth Subcontractors/Suppliers Utilization Form r--' I -. . --• I :, / I PRIME COMPAN Y N AME: Che ck app l i cabl e bl oc k to describe pr•m ~ -----~~ M/\/>//DBE NON-M :WIC-'3" PRO JE CT NAME : T fJ W t .5 ;).. 0 0 '7 0 00 2 3 S , '1 '1 QI I 11-s 1i1'lat,o,1 s ,d-fh ,<. J nTc,·s ,;cTi o11 .5 cf 8 r cc z e wca,./;Tr ,,' r,,, Ra ,de ... /T~," J y, i---------B-I_D_D_A-TE-----~M·=--·"'I R a'h , ~'I I /l'/_, I/ c "', f3 c ,•"' y / l'I, I I c •·, l'fo .-I{ 1 VP K w y/Wc s /c .-" C c "-I c r , Ii r'1 e r-,c a " ~ . q l-'/3"'-I=" 4-LL..!_' "=" LJ...,>f+-1-l/..,.~o"-(l"-"'-+-T,._,_~.,,_,'-'-/ ~*-=:-:---:--:--:-c==-=---,---:-:-,-:-:,:---:-:-------+----=---=-c--,-J---,-.>.L,-~=---_ -~ C ity s M/W BE r j ect Goal : Prime 's MI WBE Project Utilization : PRO J ECT N U M B ER 0 % !!5 % T P T S 001 0 00 2 3 Identify all subcontractors/suppliers you will use on this project Fail.ure to complete this form , in its entirety with requesteci 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, wiU result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in t his 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 geograph ic area of Tarrant , Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier le _vel. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or do ing business at the t ime of bid opening with in the Ma rk etpla ce, th at have been determined to be bonafide minori ty or women bus inesses by the North Central Te xas Regional Certific ati on Age nc y (NCTRCA), or the Te xas Depa rtment of Transportation (TX DOT), highway d iv ision . Disadv antaged Bus iness Ente rprise (DBE ) is synon ymous wit h Minor ity/Women Business Enterpr ise (M/WBE). If hauling services are utilized , the pr ime will be given credit as long as the M /WBE listed owns a nd operates at least one fully licensed and operat ional t ruck to be used on the contract. The M/WBE m ay lease trucks from another M/WBE firm , including M/WBE owner-operators, and receive full M /WBE cred it. T he M/WBE may lease t rucks fr om non-M/WBEs , including owner-ope rators , but will only rece ive credit fo r the fees and commissi o ns earned b t h e M/WBE as outlined in the lease a reement. J )9 _/1 ,,,. 1-J9 .0 / ,, . ' -, I () I •'v t •. l ' ',: =--: ~ .1 t I i 'l J1 ' fJ8 , '~· .·.' ,:,; --- N T 1 • •. -~ -'j l j .-;. ' J : fv't : t) • 3 :... f.: R . , N ' ,: f ~ ! I Po 6oY: 204 '-I I ' I i ' l s15""' Ucc.d s .S ec I i i I Dv r lc...sot1 1Y?c;,oq1 I f ~J S,3n«I T,,r c:-f' 73 1 0.SG oo 8 1'1 C/ 2-5 1'1?q M,c v-o /oo pf.-ob es g11 t/11'1 .3185 -ta y Para d13"" T.-c,(~,c~13nals J f=-/ e..c-f r-; ca / ....J po 80 X sso '8 ,BO ,S,i;nu l J.iai-JwH,{,, A V I 1 ~ 5 IO '1 l TY.. ? (, 005 ct 5 V\I? ... e J e..J g / ') 83 I 9 4 DC 8/') &3/q4tJ1..fc,~ tJC\v-v,:~l ~Cl V' ~ I/ PoBoY 5 C6 51-/1 I/ E lcdi,, ca I 18() Da /las TY-'7535C /..lardw a vt!, n ecde) er s 2 I '-I 9 (J 5 I {JO I ?-I '-( qs; 8'101 ..ftl'f I I I I i l I I I I I i I I I I I I ! I I I i I I I I ' I ! ! I I ' ! I I i i l I l I I . I I I I ! I ; I I I I j I ! I ' i I I I I ' i 3L,2,,:i .... N )";~At:·; .JR 'JIJ ·_1p, ..... ;,,q :~Jc.1 ! I ·i \i8:i 11t--: .!\_1~,jr 2s~ \ ! • t .. ' 3 ,'.::ir- . . \ t ---------· ----·--------.;-t-1--r-,-·· -~ · " I I T I I I I ; I I I ; i I I I I I i I I I I ; I l 1 I ' ' .,_ ·, "'"!. ; I ~--· ... .............. --·-·-""-"'""'-' r--•'--• • I -I I I I I I ! /-\TT ACHMEr,1· , ''d 'J -1 ,_:)) P 7 2 : -:in FORT WORTH ~ -J I N ,~---------------------------~---------~------- Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 73C5C . (jO 1---------------------------------~'f-----------------·-{ Total Do llar Amount of Non-M/WBE Subcontractors/Suppl iers $ GG344.00 , -----------------------------+-----------~-~, I 140 ooo 1 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ / ! ._ ___________________________ ..,__ ____________ _J The Contractor will not make additions, deletions, or substitutions to this certified list without the prior app roval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed' explanation of how the. requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is riot submitted, ifwill 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 Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals , officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Contact Name/Title (if different) q 12 29 c ra3 2 Lf 9?2180 2L/II Company Name Telephone and/or Fax Address c ci vr1 f £ duvabL ~.st:L-:c~o fhc:s lOF~ E-mail Add ss / City/State/Zip PARTC GENERAL CONDITIONS See city of Fort Worth Standard Specifications For Street and Storm Drain Construction. / L r_ PARTD SPECIAL PROVISIONS SPECIAL PROVISIONS FOR STREET AND STORM DRAiN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ................................................................................................... SP-4 2. AWARD OF CONTRACT ..... _. .......... _. ...................................................................... SP-4 3. PRECONSTRUCTION CONFERENCE .................................................................... SP-4 4 . EXAMINATION OF SITE ............................................................................... _. ......... SP-5 5. BID SUBMITTAL ......................................................................................................... SP-5 6. WATER FOR CONSTRUCTION ..................... _. ......................................... _. ............ SP-5 7. SANITARY FACILITIES FOR WORKMERS ............................................................. SP-5 8. PAYMENT ................................................................................................................. SP-5 9. SUBSIDIARY WORK ................................................................................................. SP-5 10 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ....................................................................................................... SP -6 11 . WAGE RA TES .......................................................................................................... SP-6 12 . EXISTING UTILITIES ............................................................................................... SP-7 13 . PARKWAY CONSTRUCTION .................................................................................. SP-7 14. MATERIAL STORAGE ............................................................................................. SP-7 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS ............................................................................................ SP-7 16 . INCREASE OR DECREASE IN QUANTITIES .......................................................... SP -8 17 . CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS ................................. SP-8 18 . EQUAL EMPLOYMENT PROVISIONS ..................................................................... SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ........................................................................................... SP-9 20 . FINAL CLEAN UP ................................................................................................... SP-10 21 . CONTRACTOR 'S COMPLIANCE WITH WORKER'S COMPENSATION LAW .......................................................................................... SP-10 22 . SUBSTITUTIONS ..................................................................................................... SP-13 23 . MECHANICS AND MATERIALSMEN'S LIEN ........................................................... SP -14 24 . WORK ORDER DELAY ................................... ._ ...................................................... SP-14 25 . WORKING DAYS .................................................................................................... SP-14 26 . RIGHT TO ABANDON .................................................................................. ._ ...... ._.SP-14 27 . CONSTRUCTION SPECIFICATIONS ..................................................................... SP-14 28 . MAINTENANCE STATEMENT ........................ ._ ..................................... ._ ............... SP-14 29 . DELAYS ....................................................................................................... SP-14 30. DETOURS AND BARRICADES ............................................................................... SP-15 31 . DISPOSAL OF SPOIUFILL MATERIAL ....................................... ._ .......................... SP-15 32 . QUALITY CONTROL TESTING .............................................................................. SP-15 33 . PROPERTY ACCESS ............................................................................................. SP-16 34 . SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ....................... SP-16 35 . WATER DEPARTMENT PRE-QUALIFICATIONS ................................................... SP-17 36 . RIGHT TO AUDIT .................................................................................................... SP-17 37 . CONSTRUCTION STAKES ..................................................................................... SP-17 38 . LOCATION OF NEW WALKS AND DRIVEWAYS ................................................. SP-18 39 . EARLY WARNING SYSTEM FOR CONSTRUCTION .............................................. SP-18 40 . AIR POLLUTION WATCH DAYS .............. ._ .............................................................. SP-18 06/20/08 SP -1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41 . 42 . 43 . 44. 45. 46. 47 . 48. 49. 50 . 51 . 52 . 54 . 55 . 56. 57. 58 . 59 . 60. 61 . 62 . 63. 64 . 65 . 66 . 67 . 68 . 69. 70 . 71 . 72 . PAY ITEM- PAY ITEM- PAY ITEM- PAY ITEM- PAY ITEM - PAY ITEM- PAY ITEM- PAY ITEM- PAY ITEM - PAY ITEM- UNCLASSIFIED STREET EXCAVATION ....................................... SP-19 5n REINFORCED CONCRETE PAVEMENT ................................... SP-19 SILICONE JOINT SEALING ........................................................... SP-21 7" CONCRETE CURB .................................................................... SP-25 RETAINING WALL ........................... ._ ............................................ SP-25 REPLACE EXIST. CURB AND GUTTER ........................................ SP-25 HMAC TRANSITION .... ._ ................................................................. SP-25 6" PIPE SUBDRAIN ........................................................................ SP-25 TRENCH SAFETY .......................................................................... SP-26 8 " THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SU BG RADE STABILIZATION ....................................................... SP-26 PAY ITEM-6 " HMAC PAVEMENT (THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES) ............................................................. SP-26 PAY ITEM -CONCRETE FLAT WORK (CURB , CURB & GUTTER, PAY ITEM- PAY ITEM - PAY ITEM- PAY ITEM- PAY ITEM - PAY ITEM- PAY ITEM- PAY ITEM - PAY ITEM- PAY ITEM- PAY ITEM - PAY ITEM - PAY ITEM - PAY ITEM- PAY ITEM- PAY ITEM- SIDEWALKS, LEADWALKS , WHEELCHAIR RAMPS AND DRIVEWAYS) ................................................................................. SP-27 REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS , STEPS, LEADWALKS AND WHEELCHAIR RAMPS ...................... SP-28 REMOVE EXISTING CURB AND GUTTER. ................................... SP-28 REMOVE EXISTING CURB INLET. ................................................ SP-28 6 " REINFORCED CONCRETE DRIVEWAY ................................... SP-28 REMOVE AND CONSTRUCT CONCRETE STEPS ....................... SP-28 4 ' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP ..................................................................... SP-29 REMOVE AND REPLACE FENCE ................................................. SP-29 STANDARD 7" CURB AND 18" GUTTER ....................................... SP-30 REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUSSP-30 BORROW ....................................................................................... SP-30 CEMENT STABILIZATION ............................................................. SP-30 CEMENT ........................................................................................ SP-30 NEW 7" CONCRETE VALLEY GUTTER ........................................ SP-30 STORM DRAIN INLETS ................................................................. SP-31 TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN ...................................................................... SP-31 STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE) ....................... SP-31 PRE BID ITEM-PROJECT DESIGNATION S IGN ................................................... SP-33 PRE BID ITEM -UTILITY ADJUSTMENT ................................................................. SP-34 PRE BID ITEM -TOP SOIL ...................................................................................... SP-34 PRE BID ITEM -ADJUST WATER VALVE BOX ...................................................... SP-34 06/2 0/08 SP-2 . ' • 1 '' ,---, - 73 . 74 . 75 . 76 . 77. 78 . 79. 80 . 81 . 82 . 83. 84 . 85. 86 . 87 . 88 . 89. 90. 91. 92. SPECIAL PROVISIONS FOR STREET ANO STORM DRAIN IMPROVEMENTS Table of Contents PRE BID ITEM- PRE BID ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - NON-PAY ITEM - MANHOLE ADJUSTMENT ....................................................... SP-34 ADJUST WATER METER BOX ................................................ SP-36 CLEARING AND GRUBBING ................................................... SP-36 SPRINKLING FOR DUST CONTROL. ....................................... SP-36 PROTECTION OF TREES, PLANTS AND SOILS .................... SP-36 CONCRETE COLORED SURFACE ........................................ SP-36 PROJECT CLEAN-UP .............................................................. SP-37 PROJECT SCHEDULE ............................................................. SP-37 NOTIFICATION OF RESIDENTS ............................................. SP-37 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ............................................... SP-37 PRE-CONSTRUCTION NEIGHBORHOOD MEETING ............ SP-38 WASHED ROCK ...................................................................... SP-38 SAWCUT OF EXISTING CONCRETE ...................................... SP-38 LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES .............................................................. SP-38 TIE-IN INTO STORM DRAIN STRUCTURE ............................. SP-39 SPRINKLER HEAD ADJUSTMENT .......................................... SP-39 FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ... SP-39 TEMPORARY EROSION , SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ......................................................................... SP-40 NON-PAY ITEM -'GREEN ' CEMENT POLICY ...................................................... SP-41 PAY ITEM -TRAFFIC CONTROL ............................................................ .,.SP-41 06/20/08 SP -3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS CITY PROJECT NO .: TPW-TS-2007-00023 FOR: SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF : BREEZEWOOD AND TRINITY BLVD ; RAIDER DR AND TRINITY BLVD ; RAMEY AND MILLER AVE ; BERRY AND MILLER AVE ; MARK IV PKWY AND WESTERN CENTER ; AMERICAN BLVD AND TRINITY BLVD ; POST OAK BLVD AND TRINITY BLVD 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following : Construction of Traffic Signals and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work . 2 . AWARD OF CONTRACT: Submission of Bids: Unit 1 and Unit II constitute a package . If the Contractor submits a bid on both Unit 1 and Unit II and has the lowest responsive proposal price , the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate. The additive alternate must be included in any bid . Bidders are hereby informed that the Director of the Engineering Department reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City . 3 . PRECONSTRUCTION CONFERENCE : The successful Contractor, Engineer, and City - City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time , details of sequencing of the work , contact individuals for each party , request for survey , and pay requests will be covered . Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others . A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction . As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE : It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties , procedures for protecting existing improvements and disposition of all materials to be removed . Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. 06/20/08 SP-4 During the construction of this project , it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project , the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . 5. BID SUBMITTAL: Bidders shall not separate , detach or remove any portion , segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non- responsive " and rejecting bids as appropriate and as determined by the Director of the Engineering Department. 6. WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense . 7. SANITARY FACILITIES FOR WORKERS : The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT : The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans , the General Contract Documents or these special Contract Documents , in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work , the cost of which shall be included in the price bid in the Proposal for each bid item , including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No . 102 "Clearing and Grubbing " and shall be subsidiary to the other items of the contract. 10 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC : The Contractor's particular attention is directed to the requirements of Item 7 , "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction ". 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates . The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . Penalty for Violation . 06/20/08 SP-5 A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City , pay to t he City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258.023 . Complaints of Violations and City Determination of Good Cause. On receipt of information , including a complaint by a worker, concerning an alleged violation of 2258 .023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determinat ion . Upon the City 's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or cla imants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the..,violation . Arbitrat ion Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with t he Texas General Arb itration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all part ies and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work , maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract ; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall perta in to this inspection . Pay Estimates. With each partial payment estimate or payroll per iod , whichever is less , the contractor shall subm it an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. Posting of Wage Rates . 06/20/0 8 SP -6 • I . ' ,_.... i' -The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance . The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . (Wage rates are attached at the end of this section .) 12 . EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project , it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Engineering Department. 14 . MATERIAL STORAGE : Material shall not be stored on private property unless the Contractor has obtained permission from the property City . 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures , improvements and utilities , which may be encountered . The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth , they are shown on the plans as the best information available at the time of design , from the Owners of the utilities involved and from evidences found on the ground. 16 . INCREASE OR DECREASE IN QUANTITIES : The quantities shown in the Proposal are approximate . It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid . No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents . Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to 06/20/08 SP-7 the various depth categories . 17. CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City 's Engineer and Architect , and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense , the City , its officers , servants and employees , from and against any and all cla ims or suits for property loss, property damage , personal injury , including death , aris ing 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 perfo rmance of any of the te rms 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 fo r damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier . The Director may , if deemed appropriate , refuse to accept bids on other City of Fort Worth publ ic work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18 . EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sect ions 13-A-21 through 12-A-29) prohibiting d iscrimination 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 Office r who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19 . MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE : In accordance with City of Fort Worth Ordinance No. 15530 , the City has goals for the participation of minority bus iness 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 materia l 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 . 06/20 /0 8 SP -8 '' - -. ' - I· ) 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 fi les in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state , or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years . The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids . Failure to comply with the City 's M/WBE Ordinance , or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office . The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed . All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable . Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the reject ion of bid as non- responsive . Whenever a change order affects the work of an M/WBE subcontractor or supplier , the M/WBE shall be given an opportunity to perform the work . Whenever a change order exceeds 10% of the original contract , the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order . During the term of the contract the contract shall : 1. 2 . 06/20/0 8 Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Cont ractor had represented he would perform with his forces , the Contractor shall notify the C ity before subcontracts or purchase orders are let , and shall be required to comply with modifications to goals as determined by the City , and , SP-9 3 . Submit a REQUEST FOR APPROVAL OF CHANGE FORM , if the Contractor des ires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following : a . Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b . Fa i lure of Subcontractor to provide required general liabil ity of other insurance. c . Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan . d . Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten ( 10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project , inclusive of M/WBEs . 20. FINAL CLEAN -UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed . No more than seven days shall elapse after comp letion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials , and in general preparing the site of the work in an orderly manner and appearance . 21 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Worke rs Compensation Insurance Coverage a. DEFINITIONS: b . Certificat ion of coverage ("Certificate"). A copy of a cert ificate 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 t hat person contracted directly w ith the Contractor and regardless of whether that person has employees . Th is inctudes, without limitation , independent Contractors , subcontractors , leasing companies , motor carriers , City-operators , employees of any such entity , or employees of any entity which 06/2 0/0 8 SP-10 . ' . ' , l r \ I furnishes persons to provide services on the project. "Services" include , without lim itation , providing , hauling , or delivering equipment or materials, or providing labor, transportation , or other services related to a project. "Services " does not include activities unrelated to the project , such as food/beverage vendors , office supply deliveries , and delivery of portable toilets . The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) or all employees of the Contractor providing services on the project , for the durat ion of the project. c . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project , the Contractor must, prior to the end of the coverage period , file a new certificate of coverage with the governmental entity showing that coverage has been extended . e . The Contractor shall obtain from each person providing services on a project , and provide to the governmental entity : (1) a certificate of coverage , prior to that person beginning work on the project , so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g . The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known , or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation , informing all persons providing services on the project that they are required to be covered , and stating how a person may ver ify coverage and report lack of coverage . i. The Contractor shall contractually require each person with whom it contracts to prov ide services on a project , to : (1) 06/20/08 provide coverage , based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements , which SP-11 j . 06 /20/08 (2) 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; provide to the Contractor, prior to that person beginning work on the project , a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; (4) obtain form each other person with whom it contracts , and provide to the Contractor: (a) a certificate of coverage , prior to the other person beginning work on the project ; and (b) a new certificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten ( 10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project ; and (e) contractually require each person with whom it contracts , to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services . By signing this contract or providing or causing to be provided a certificate of coverage , the Contractor is represent ing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project , that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self-insured , with the commission's Division of Self-Insura nce Regulation . Providing false or mislead i ng information may subject the Contractor to administrative , criminal , civil penalties or other civil actions . SP-12 '1 '\ . 1 B . 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 . 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 512-463-3642 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage". 22 . SUBSTITUTIONS : The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified . Where the term "or equal ", or "or approved equal " is used , it is understood that if a material , product , or piece of equipment bearing the name so used is furnished , it will be approvable , as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City . If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal ", or "approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose . However, the Contractor shall have the full respons ibility of providing that the proposed substitution is , in fact , equal , and the Engineer, as the representative of the City , shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions " shall be applicable to all sections of these specifications . 23 . MECHANICS AND MATERIALMEN 'S LIEN : The Contractor shall be required to execute a release of mechanics and materialmen 's liens upon receipt of payment. 24 . WORK ORDER DELAY : All ut ilities and right-of-way are expected to be clear and easemer-its 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- 06/20/0 8 SP-13 of-ways , easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS : The Contractor agrees to complete the Contract within the allotted number of working days . 26. RIGHT TO ABANDON : The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27 . CONSTRUCTION SPECIFICATIONS : This contract and project are governed by the two following published specifications, except as modified by these Special Provisions : STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 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 Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28 . MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes . 29 . DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work , except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City . When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Engineering Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding . If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work , then such delay will entitle the Contractor to an equivalent extension of time , his application for which shall , however, be subject to the approval of the City Council ; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 06/20/08 SP-14 30 . DETOURS AND BARRICADES : The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area . Contractor shall protect construction as required by Engineer by providing barricades . Barricades , warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans . Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways " 31 . DISPOSAL OF SPOIL/FILL MATERIAL : Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of the Department of Engineering acting as the 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 Adm inistrator 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 s igned 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 obta ining the fill permit , including any necessary engineering studies , shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site , upon notification by the Director of Engineering , Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section . 32. QUALITY CONTROL TESTING : (a) The Contractor shall furnish , at its own expense, certifications by a private laboratory for all materials proposed to be used on the project , including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken . The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto . (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City . (c) Quality control testing of on site material on this project will be performed by the City at its own expense . Any retesting required as a result of fa ilure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercia l rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. 06/20/0 8 SP-15 (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing . The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested . (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33 . PROPERTY ACCESS : Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34 . SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES : The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes , derricks , power shovels , drilling rigs, pile drivers , hoisting equipment or similar apparatus . The warning sign shall read as follows : "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections . (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which wi ll 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 notify ing department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35 . WATER DEPARTMENT PRE-QUALIFICATIONS : Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work . 36 . RIGHT TO AUDIT: 06/20/08 SP-16 'I ' ' 'l ·! (a) Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents , papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits . (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract , have access to and the right to examine and photocopy any directly pertinent books , documents , papers and records of such subcontractor involving transactions to the subcontract and further , that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City . The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed . 37 . CONSTRUCTION STAKES ; The City , through its Surveyor or agent , will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework . These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water , sanitary sewer, drainage , etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving . It shall be the sole responsibility of the Contractor to preserve, maintain, transfer , etc ., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost , destroyed , or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required . An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes , at the Contactor's expense . No claims for delay due to a lack of replacement of construction stakes will be accepted , and time will continue to be charged in accordance with the Contract Documents. 38 . LOCATION OF NEW WALKS AND DRIVEWAYS ; The Contractor will make every effort to protect existing trees within the parkway , with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 06/20/08 SP -17 39. EARLY WARNING SYSTEM FOR CONSTRUCTION : Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of fa ilure to maintain the contract schedule , the following process shall be applicable : The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example : 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken : 1. A letter will be mailed to the Contractor by certified mail , return receipt requested demanding that, with in 10 days from the date that the letter is received , it provide sufficient equ ipment , materials and labor to ensure completion of the work within the contract time . In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed with in the contract time . 2. The Project Manager and the Directors of the Department of Engineering , Water Department , and Department of Transportation and Publ ic Works will be made aware of the situation . If necessary , the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may , in the City 's sole discretion , be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4 . Upon receipt of the Contractor's response , the appropriate City departments and directors will be notified . The Engineering Department 's Public Information Officer will , if necessary, then forward updated notices to the interested individuals . 5. If the Contractor fails to provide an acceptable schedule or fa ils to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately . 40 . AIR POLLUTION WATCH DAYS : The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically , the OZONE SEASON , within the Metroplex area , runs from May 1, through OCTOBER 31 , with 6:00 a .m . -10 :00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Comm ission on Environmental Quality (TCEQ), in coordination with the National Weather Service , will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10 :00 a.m . 06/20/08 SP-18 whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10 :00 a. m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions , or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m . -6 :00 p.m ., on a designated Air Pollution Watch Day , that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 41 . PAY ITEM -UNCLASSIFIED STREET EXCAVATION : See Standard Specifications Item No . 106 , "Unclassified Street Excavation " for specifications governing this item . Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to th is item and no addit ional compensation shall be given as such . During the construction of this project , it is required that all parkways be excavated and shaped at the same t ime the roadway is excavated . Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent , then actual quantities will be paid for at the unit pr ices bid . The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42 . PAY ITEM -6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement ," shall apply . The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections . The unit price bid per square yard shall be full payment for all labor, material , equipment and incidentals necessary to complete the work. (b) Once an evaluation of the pavement is made to determ ine whether the crack is due to distress or minor shrinkage , the following policy will apply: 06/20/08 (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed . (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining port ion of the panel be less than 5 feet wide after repairing the failed panel. SP-19 (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43 . PAY ITEM -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: 1. SCOPE CITY OF FORT WORTH , TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18 , 1989) (Revision 2 , May 12 , 1994) This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314 .2 . (11) "Joint Sealing Materials " of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH , and Item 2.210 "Joint Sealing " of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2 . MATERIALS 2 .1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification . Before the installation of the joint sealant , the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements . 2 .2 The manufacturer of the silicone jo int sealant shall have a minimum two-year demonstrated , documented successf ul field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted . The silicone sea lant shall be cold applied . 2.3 Self-Leveling Silicone Joint Sealant The jo int sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation , Midland , Ml 48686 - 0994 , or an approved equal. Test Method 06/20/08 Self-Leveling Silicone Joint Sealant SP-20 Requirement AS SUPPLIED **** Non Volatile Content , % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time , minutes max . 60 **** Cure Time , days 14 to 21 **** Full Adhesion , days 14 to 21 AS CURED - ASTM D 412, Die Mod . Elongation , % min. 1400 ASTM D 3583 Modulus @ 150% Elongation , psi max . 9 (Sect. 14 Mod .) ASTM C 719 Movement , 10 cycles@ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete , % Elongation min . 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt , % Elongation min . 600 (Sect. 14 Mod .) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them . Reference is made to the "Construction Detail " sheet for the various joint details with their respective dimens ions . 3 . TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement , the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail " sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints , the initial 1 /4 inch width "green " saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation . Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints .) The pavement shall be allowed to cure for a minimum of seven (7) days . Then the saw cuts for the joint sealant reservoir shall be made , the joint cleaned , and the joint sealant installed . During the application of the joint sealant , the weather shall not be inclement and the temperature shall be 40F (4C) and rising . 4. EQUIPMENT 4.1 All necessary equipment shall be furn ished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condit ion and shall be inspected by the Engineer prior to the beginning of the work . The min imum 06/20/08 SP -21 requirements for construction equipment shall be as follows: 4 .2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4 .3 High Pressure Water Pump : The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors : The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump : The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 4 . 7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4 . 4 .8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination . They shall be compatible with the join depth and width requirements . 5. CONSTRUCTION METHODS 06/20/08 5.1 General : The joint reservoir saw cutting, cleaning, bond breaker installation , and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints : The joints shall be saw-cut to the width and depth as shown on the "Construction Detail " sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing , the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination . When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev . 1, October 18 , 1989) After complete drying , the joints shall be sandblasted . The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the SP-22 face of the joint. Both joint faces shall be sandblasted in separate , one directional passes . Upon the termination of the sandblasting , the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found , the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination . Immediately upon cleaning , the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape : The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions . 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape , the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled . Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints . The pavement surface shall present a clean final condition . Traffic shall not be allowed on the fresh sealant until it becomes tack-free . Approval of Joints : A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints . He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation . The manufacturer's representative shall approve the clean , dry joints before the sealing operation commences . 6 . WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City . Also , the Contractor shall provide the Engineer a written warranty on all sealed joints . The Contractor shall agree to replace any failed joints at no cost to the City . Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT 06/20/08 Payment will be made at the Contract bid item unit price bid per linear foot (L.F .) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING ", which price of shall be full compensation for furnishing all materials and for all preparation, delivery , and application of those sealing materials and for all labor, equipment , SP-23 tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 44. PAY ITEM -7'' CONCRETE CURB: The Contractor may, at his option , construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab . The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete . 45 . PAY ITEM -RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field . All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows : Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No . S-M13 "Retaining Wall With Sidewalk" where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected . Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. PAY ITEM -REPLACE EXIST. CURB AND GUTTER: This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed . Quantities for this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST . CURB AND GUTTER " as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . 47. PAY ITEM -HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans , as specified in these specifications and at other locations as may be directed by the Engineer. This item shall be governed by all applicable provisions of Standard Specifications Item 312 . The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete .the work . 48. PAY ITEM - - 6" PIPE SUBDRAIN : No specific location for this item is designated on the plans . Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 06/20/08 SP-24 49. PAY ITEM -TRENCH SAFETY : Description : This item will cons ist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench . The Contractor shall develop , design and implement the trench excavation safety protection system . The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work " for the workman . The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration , U.S. Department of Labor, shall be the minimum governing requirement of this item and is he reby made a part of this specification . The Contractor shall , in addition , comply with all other applicable Federal , State and local rules , regulations and ordinances . Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal , which shall be total compensation for furnishing design , materials , tools , labor, equipment and incidentals necessary , including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe . 50 . PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE & CEMENT FOR SUBGRADE STABILIZATION : See Standard Specifications Item No . 210 , "Lime Treatment (Material Manipulation)" and Specification Item No . 212 , "Hydrated Lime and Lime Slurry" for specifications governing this item. Quantities for this pay item are approximate and are given only to establish a unit price for the work. The price bid per square yard for "8" THICK LIME STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor, equipment , tools and incidentals necessary to complete the work. The price bid per ton for "LIME FOR SUBGRADE STABILIZATION " as shown in the Proposal will be full payment for materials necessary to complete the work . 51. PAY ITEM - 6 " H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Test ing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift . All provisions of Standard Specification No . 312 . 7 'Construction Tolerance ' shall apply except as modified herein : 1) After completion of each asphalt paving course , core tests will be made to determine compliance with the contract specifications . The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth . The thickness of the asphaltic surface will be determined by measu rement cores taken at locations determined by the Engineer. The thickness of individual cores w i ll be determined by averaging at least three (3) measurements . If the core measurements indicate a deficiency , the length of the area of such deficient thickness shall be determined by additional cores taken along the length of 06/20/08 SP-25 the pavement in each direction until cores are obtained which are at least of specified thickness . The width of such area shall not be less than Y:z of the roadway width . 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness , the Contractor shall remove and replace the deficient area at his own expense . If the thickness is less than 15% deficient , the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness . This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan th ickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications . 6) HMAC Testing Procedure : The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference . This design shall not be more than two (2) years old . Upon submittal of the design mix a Marshal (Proctor) will be calculated , if one has not been previously calculated , for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory , through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities . The required Density for Type "B" and for Type "D" asphalt will be 91 % of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart . The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied . Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness . 52 . PAY ITEM -CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS , WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb , curb and gutter , sidewalks , leadwalks , wheelchair ramps and driveways as shown in the plans. This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item . 06/20/0 8 SP-26 . \ Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed , which includes backfilling and finished grading . 53 . PAY ITEM -REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS , LEADWALKS AND WHEEL CHAIR RAMPS : This item includes removal of ex isting concrete sidewalks , driveways , steps , leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No . 104 "Removing Old Concrete", for Specifications governing this item . 54. PAY ITEM -REMOVE EXISTING CURB AND GUTIER: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed , and for all labor, tools , and incidentals necessary to complete the job . 55 . PAY ITEM-REMOVE EXISTING CURB INLET: This item shall include all labor, materials , and equipment necessary to remove and dispose of the existing inlet and removal and connect ion of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 56 . PAY ITEM-6" THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504 , "Concrete Sidewalks and Driveways " for specifications governing this item as well as details S-S5 and S-S5A. The price bid per square foot for "6 " THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work . 57 . PAY ITEM-REMOVE AND CONSTRUCT CONCRETE STEPS : See Standard Specification Item No. 516 , "Concrete Steps " for specifications governing this item as well as details SM -3 . The price bid per each for "REMOVE CONCRETE STEPS " and "CONSTRUCT CONCRETE STEPS " as shown in the Proposal will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the removal and construction of each set of concrete steps . 58 . PAY ITEM - 4 ' STANDARD CONCRETE SIDEWALK , LEADWALK AND WHEELCHAIR RAMP : 06/20/08 SP-27 All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified . The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign , instruction sign , street name and sign or other sign which has been erected by the City . The Contractor shall contact Signs and Marking Division, TPW (Phone 817-392-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type , and shall be used in accordance with manufacturers instructions . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension , or other dimension approved by the Engineer, meeting the aforementioned specification . The sample , upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item . The method of application shall be by screen , sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM -REMOVE AND REPLACE FENCE : This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstruct ing the fence . Their constructed fence shall be equal in every way, or superior, to the fence removed . The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence , and for any damage or injury sustained by persons, livestock or property on account of any act of omission , neglect or misconduct of his agents , employees , or subcontractors . The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments , tools and incidentals necessary to complete the work . 60. PAY ITEM-STANDARD 7" CURB AND 18 " GUTIER: All provisions of Standard Specification No . 502 'Concrete Curb and Gutter' shall apply except as modified herein : Subsidiary to the unit price bid per linear foot shall be the following: A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construct ion details . If the Contractor fails to backfill either in from of the gutter or behind the curb w ith in seven (7) calendar days of pouring the curb and gutter, the amount paid fo r the curb and gutter shall be reduced by 25% until the backfill operation is complete . 06/20/08 SP-28 Standard Specifications Item No . 502 , shall apply except as herein modified . Concrete shall have minimum compressive strength of three thousand (3 ,000) pounds per square inch in twenty-eight (28) days . The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs .) of Portland Cement. The slump of the concrete shall not exceed three (3) inches . A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 61 . PAY ITEM -REMOVE AND RECONSTRUCT MAILBOXES/ MISCELLANEOUS : This item includes the removal and reconstruction of existing mailboxes , brick walls , flowerbed trim and miscellaneous items w ithin the right of way which may be damaged or removed during construction . When possible , the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply . 62 . PAY ITEM -BORROW : The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less , a plasticity index between 8 and 20 , a minimum of 35 percent passing the No . 200 sieve , a minimum of 85 percent passing the No . 4 sieve , and which are free of organics or other deleterious materials . When compacted to the recommended moisture and density , the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec , as determined by laboratory testing of remolded specimens of the actual materials proposed for the non-expansive earth fill. 63 . PAY ITEM-CEMENT STABILZATION : All applicable provisions of Item 214 , 'Portland Cement Treatment ' shall apply . 64 . PAY ITEM -CEMENT: All applicable provisions of Item 214 , 'Portland Cement Treatment ' shall apply. 65. PAY ITEM-NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determ ined in field . Removal of existing , asphalt pavement , concrete base , curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item . Furnish ing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No . 314 ", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete ", Item No . 104 , "Removing Old Concrete ", Item No . 106 , "Unclassified Street Excavation" Item No . 208 "Flexible Base." Measurement for final quantities of valley gutter 06/20/08 SP-29 will be by the square yard of concrete pavement and the curb and gutter section will be included . Contractor may substitute 5" non-reinforced (2 :27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch . Contractor shall work on one-half of Valley gutter at a t ime , and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 66. PAY ITEM -STORM DRAIN INLETS: An alternative method of construction for these items will be "Pre-Cast" manholes and inlets . If the Contractor desires to use this method , he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable . The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets" and said construction shall be in compliance with all other requirements of Item 444 where applicable. 67 . PAY ITEM-TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN : Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area . Payment will be made for the quantity of earth excavated/backfilled . The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications . All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be , but not limited to : rocks , concrete , asphalt , debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 68. PAY ITEM -STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http ://www . tnrcc. state. tx. us/permitting/water perm/wwperm/construct. htm I. Soil stabi I ization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply .to this project. Best Management Practices are construction management techniques that , if properly utilized , can minimize the need for physical controls 06/20/08 SP-30 . \ and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi}: If the project will result in a total land disturbance equal to or greater than 5 acres , the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. The NOi shall be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-228 P.O. Box 13087 Austin , TX 78711-3087 A copy of the NOi shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth , TX 76119 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity , the Contractor shall sign , prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to : Texas Commission on Environmental Quality Storm Water & General Permits Team ; MC-228 P.O. Box 13087 Austin , TX 78711-3087 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering . The selected Contractor shall be provided with three copies of the SWPPP after award of contract , along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality . LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES : A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee . A SWPPP that meets all TCEQ requirements prepared by the Engineer shall be prepared and implemented at least 48 hours before the commencement of construction activities. The SWPPP shall be incorporated into in the contract documents . The Contractor shall subm it a schedule for implementation of the SWPPP. Deviations from the plan must be submitted to the engineer for approval. The 06/20/08 SP-31 SWPPP is not warranted to meet all the cond itions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP . Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construct ion site . Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the engineer for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee , or, when another permitted operator assumes control over all areas of the site that have not been finally stab ilized . SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES : Submission of a NOi form is not required. However, a TCEQ Site Notice form must be completed and posted at the site . A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above . A SWPPP , prepared as described above , shall be implemented at least 48 hours before the commencement of construction activities . The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion , sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to, silt fences , straw bale dikes , rock berms , diversion dikes , interceptor swales , sediment traps and basins, pipe slope drain , inlet protection, stabilized construction entrances , seeding , sodding , mulching, soil retention blankets , or other structural or non-structural storm water pollution controls . The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the engineer for approval. PAYMENT FOR SWPPP IMPLEMENTATION : Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP . FOR DISTURBED AREAS LESS THAN 1 ACRE , SPECIAL PROVISION 23 -40 SHALL BE APPLICABLE . 69. PRE BID ITEM -PROJECT DESIGNATION SIGN : The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction . Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of o/.i " 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 . 06/20/08 SP-32 The work , which includes the painting of the signs , installing and removing the signs , furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70 . PRE BID ITEM -UTILITY ADJUSTMENT: This item is included for the basic purpose of establ ishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal ; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" respons ibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence , where such lines would not have required adjustment or repair otherwise , the lines shall be repaired and adjusted by the Contractor at the Contractor's expense .. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71 . PRE BID ITEM -TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site . Payment will be made on the basis of loose truck volume (full truck w ith sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed . 72 . PRE BID ITEM -ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces . The unit price bid will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work . 73 . PRE BID ITEM -MANHOLE ADJUSTMENT : This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows : Included as part of this pay item shall be the appl ication of a cold-applied preformed flexible butyl rubber or plastic sealing compound for seal ing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 06/20/08 SP-33 74. PRE BID ITEM -ADJUST WATER METER BOX : This item shall include raising or lowering an existing meter box to the parkway grade specified . No payment will be made for existing boxes , which are within 0 .1' of specified parkway grade . The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 75 . NON-PAY ITEM -CLEARING AND GRUBBING : All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102 , "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM -SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200 , "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns , yards , shrubs, trees , etc. shall be preserved or restored after complet ion of the work to a condition equal or better than existed prior to start of work . By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming , removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City . To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended . 78. NON -PAY ITEM -CONCRETE COLORED SURFACE : Concrete wheelchair ramp surfaces , excluding the side slopes and curb , shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M . Scofield Company or equal , shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension , or other dimension approved by the Engineer , meeting the aforementioned specifications . The sample , upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. 06/20/08 SP-34 The method of application shall be by ·screen , sifter, sieve , or other means in order to provide for a uniform color distribution . 79. NON-PAY ITEM -PROJECT CLEAN-UP : The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of . the contracted work and as such shall be considered subsidiary to the appropriate bid items . Clean up work shall be done as directed by the Engineer as the work progresses or as needed . If, in the opinion of the Engineer it is necessary , clean up shall be done on a daily basis . Clean up work shall include , but not be limited to : • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of res idents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition , on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM -PROJECT SCHEDULE : Contractor shall be responsible for producing a project schedule at the pre-construction conference . This schedule shall detail all phases of construction , including project clean up , and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in . Project schedule will be updated and resubmitted at the end of every estimating period . All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81 . NON-PAY ITEM -NOTIFICATION OF RESIDENTS : In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents , in writing , at least 48 hours in advance of saw-cutting joints during the construction of paving projects . All costs involved with providing such written not ice shall be considered subsidiary to this contract. 82 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEG INNING CONSTRUCTION : .. Prior to beginning construction on any block in the project , the Contractor shall , on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction . The notice shall be prepared as follows : The notification notice or flyer shall be posted seven (7) days pr ior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the 06/20/08 SP-35 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 Contracto r's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification ' flyer is attached . The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition , a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 817- 392-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made . 83 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING : After the pre-construction conference ,has been held but before construct ion is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule , including construction start date, and answer any construction related questions . Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM -WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion : (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 1/2 " 40-75 3/8" 55 -90 #4 90-100 #8 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M . Designation C-131 . 85. NON-PAY ITEM -SAWCUT OF EXISTING CONCRETE : When existing concrete or H.M .A.C. is cut , such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses . All sawing shall be subsidiary to the unit cost of the respective item. 86 . NON PAY ITEM -LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES : 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. 06/20/08 SP-36 . ' . ' • 1 •• '1 " The Contractor shall attempt to include the construction engineer (if he is available) in the observation and marking activity . In any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly . The following are utility contact persons: Company AT&T TXU ATMOS Energy Dig TESS Telephone Number 817-338-627 5 1-800-233-2133 817-215-0366 880-344-8377 Of course, under the terms of this contract , the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H .M .A.C . overlay adjacent to said facilities . Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines . 88. NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section . No other compensation will be provided . 89 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : A fee for street use permits is in effect. In addition , a separate fee for re-inspections for . parkway construction, such as driveways , sidewalks , etc., will be required . The fees are as follows : The street permit fee is $50 .00 per permit with payment due at the time of permit application . A re-inspection fee of $25 .00 will be assessed when work for which an inspection called for is incomplete . Payment is due prior to the City performing re-inspection . 06/20/08 SP-37 Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 90. NON PAY ITEM -TEMPORARY EROSION , SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION : This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . The temporary measures shall include dikes , dames , berms , sediment basins , fiber mats , jute nett ing , 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 eros ion 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 condit ions make such limitations unrealistic , temporary soil-erosion-control measures shall be performed as directed by the Engineer. 06/20/0 8 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 2 . Frequent fordings of live streams will not be permitted ; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Enginee r, mechanized equipment shall not be operated in live streams. 3 . When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. SP-38 ' ' • l . ' < I . 1 --, 4. All waterways shall be cleared as soon as practicable of false work , piling, debris or other obstructions placed during construction operations that are not part of the finished work . 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels , oils , bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of migratory fish . E. SUBMITTAL: Prior to the start of the applicable construction , the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum . He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials . No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . 91 . GREEN CEMENT POLICY : As per Fort Worth City Council Resolution 3536, the City Manager is authorized to specify the purchase of dry kiln cement as the base bid in City of Fort Worth bid projects, with an alternative bid for the purchase of cement from an unspecified source and preferential purchasing for bids from a cement kiln with emissions not exceeding 1.7 pounds of NOx per ton of clinker produced . In cases where cement meeting the above requirements is not available , and where cement from a non-compliant source must be utilized , the Contractor shall furnish good faith effort documentation in the form of letters from two North Texas cement suppliers of green cement stating that no stock of green cement is available for the contractor at that time . These letters shall be considered valid for a maximum of one week after which new letters must be submitted to the Project Inspector if green cement continues to remain unavailable . All related costs for complying with the Green Cement Policy shall be considered subsidiary to the applicable project pay items . The contractor shall submit the Green Cement Policy Compliance Statement or the good faith effort documentation at the time the of bid opening of the project. A copy of the Compliance Statement is attached at the end of this section . Failure to comply with the Green Cement Policy may result in rejection of the bid as non-responsive . 92. TRAFFIC CONTROL : The contractor will be required to obtain a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701 d Vernon 's Civil Statutes , pertinent sections being Section Nos . 27 , 29 , 30 and 31. Unless otherwise included as part of the Construction documents , the Contractor shall submit a traffic control plan (duly sealed , signed and dated by a Registered Professional 06/20/08 SP-39 Engineer (P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference . The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as 'Typicals" on the City 's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued 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 upeak traffic periodsv 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 ." The lump sum pay item for traffic control shall cover design , and I or installation and maintenance of the traffic control plans. 06/20/08 SP-40 ' I '' ( ' ,-, • I ' I .. - (To be printed on Contractor's Letterh ead) Date: ____ _ DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: -- LIMITS OF CONST.: -------------Estimated Duration of Construction on your Street : _ days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL< REPLACE WATER AND/OR SEWER LINES -RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HA VE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 06/20/08 SP-41 - PARTE SPECIFICATIONS The City of Fort Worth 's "Standard Specifications for Street and Storm Drain Construction " will govern this project, except as modified by the Contract Documents and the plans. A copy of these Standard Specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2°ct Floor, Municipal Building, Fort Worth , TX 76102. "Texas Department o(Transportation Standard Specifications (or Constru ction o(Highways, Streets and Bridges ", latest edition , are also referenced by the plans and Contract Documents for signal installations . "Standard Specifications for Public Works Construction ", lates t edition, as published by the North Central Texas Counci l of Governments (NCTCOG) shall cover any remaining items not included by the Fort Worth or TxDOT Standard Specifications or modified specifically by the plans or Contract Documents. .I • I I .. ) SECTION NUMBER 1.0 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 TRAFFIC SIGNAL SPECIFICATION TABLE OF CONTENTS DESCRIPTION GENERAL SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNALS MATERIALS General Notes Traffic Signal Heads LED Traffic Signal Lamp Units Traffic Signal Head Louvers Traffic Signal Head Mounting Hardware Pedestrian Signal Head LED Pedestrian Signal Lamp Unit Pedestrian Signal Head Mounting Hardware Pedestrian Pushbutton Assemblies Luminaires Conduits and Related Hardware Microwave Vehicle Detectors Video Vehicle Detection Units Detector Cable Multi-Conductor Cable Power Lead-In Cable Ground Boxes Traffic Signal Structures Foundations Hardware Paint (Non Streetscape Structures) Grounding Conductor and Grounding Rod INSTALLATION OF TRAFFIC SIGNAL COMPONENTS Installation of Electrical Service Installation of Conduit Installation of Cab le Grounding Vehicle Detector Loop Installation Concrete Foundations for Signal Structures Installation of Traffic Signal Structures Installation of Signal Heads, Pedestrian Heads and Push Buttons Controller Cabinet Preparation Traffic Signal Specifications -Part E City of Port Worth PAGE NUMBER 3 5 5 6 7 8 8 10 10 11 12 12 13 13 16 19 19 19 19 20 21 21 22 22 22 22 25 28 28 29 30 32 33 July 2008 Page 1 SECTION NUMBER 3.10 3.11 3.12 4 .0 5.0 6.0 6.1 6.2 6.3 6.4 6.5 7.0 7.1 7.2 7.3 7.4 7.5 8.0 9.0 10.0 11.0 12.0 TRAFFIC SIGNAL SPECIFICATION TABLE OF CONTENTS DESCRIPTION Installation of Microwave Detector Units Installation of Video Detection Units Installation of Emergency Vehicle Detector Units INSTALLATION AND RELOCATION OF TRAFFIC SIGNS AND DAMPERS PRESERVATION OF LANDSCAPING , SPRINKLER SYSTEMS, AND PRIVATE PROPERTY REMOVAL OF MISCELLANEOUS ITEMS Removal of Traffic Signal Equipment Removal and Replacement of Curbs and Walks Removal of Foundations Removal of Ground Boxes Removal of Signs SAMPLING AND TESTING General Notes Concrete Vehicle Detector Loops Signal Cables Controller Cabinets WARRANTIES/GUARANTEES TRAFFIC SIGNAL MAINTENAN CE DURING CONSTRUCTION BARRICADES PAYMENT FOR FURNISHING AND INSTALLING CONTRACT ITEMS EXPERIENCE AND QUALIFICATIONS Traffic Signal Specifications -Part E City of Fort Worth PAGE NUMBER 33 33 33 33 34 34 34 34 35 35 35 35 35 36 36 36 36 37 37 37 38 39 July 2008 Page2 n I l n n n - - . I I ·-I TRAFFIC SIGNAL SPECIFICATIONS 1.0 GENERAL SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNALS 1.1 1.2 1.3 This specification, the General Conditions and the Special Provisions for construction in the City of Fort Worth (the City), where applicable, shall govern the materials and installation of traffic control signals, including illumination, at the intersections. In the event of a conflict, the plan set and detail sheets shall control. This project shall consist of installing materials and equipment necessary to complete the traffic signal at locations as set out in the construction plan set. The Contractor shall furnish all required materials and equipment not provided by the City, and shall install signal systems in the sequence specified by the Traffic Services Manager or designee. The City will issue the anticipated sequence of work locations at the time the Notice to Proceed is issued. All installation work shall be in accordance with the applicable sections of the National Electrical Code (NEC), local ordinances and regulations, these specifications, the standard detail sheets accompanying the plans, and those applicable sections of the City's Standard Specifications for Street and Storm Drain Construction. In the event that these specifications should be less restrictive than the NEC, the NEC shall prevail. Any deviation from these specifications or standard detail sheets shall be considered unacceptable unless authorized in writing by the Traffic Services Manager or designee. All workmanship shall be of the highest quality. Finished work shall be neat and uncluttered in appearance. The City will have the authority to bar from this project any Contractor's employee whose work is judged substandard and unacceptable by the project City Inspector with approval of the Traffic Services Manager or designee. The Contractor shall schedule his work so as to cause the minimum interference with traffic and the operation of the existing signal system. Existing signals may be turned off or placed on flash for modification and/or equipment installation only with the approval of the Traffic Services Manager or designee with a minimum of 48 hour notice. The Contractor's responsibility in regard to Traffic Signal installation work shall consist of the following items: (A) Furnishing and installing signal equipment including: signal structures , conduits, ground boxes, signal head assemblies, detector units, AC service, conductors, concrete, · reinforcing steel, forms for structure foundations, grouting materials , painting materials, detector loop saw cut and sealing materials, signs, miscellaneous nuts, bolts , and washers, and all other miscellaneous equipment as required to complete the project, including all necessary barricades or devices required to maintain proper traffic control in accordance with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page3 1.4 (B) Installing and connecting equipment supplied by the City, including but not limited to controller-cabinet assemblies, signal poles, mast arms , emergency pre-emption devices and video detection systems. (C) Maintaining existing traffic signal operations including providing all materials and labor. (D) Removing and salvaging existing traffic signal or street light equipment as designated in the plans . (E) It shall be the responsibility of the contractor to perform the following at no additional compensation: 1. Prevent any property damage to property owner's poles, fences , landscaping, mailboxes, etc., and repair any damages. 2. Provide access to all driveways during construction. 3. Protect all underground and overhead utilities , including sprinkler systems, and repair any damages The Contractor's responsibility for correcting any substandard workmanship and/or materials shall extend for a period of twenty four (24) months from the date the signal is accepted by the City. This workmanship and materials shall include, but not be limited to, signal pole construction, signal head assembly, vehicle detector systems, ground box and conduit installation, signal head and cable installation. 1.5 The Contractor shall coordinate with the Inspector to have a qualified technician on the project site when the traffic signal is placed into operation. n n n During the thirty (30) day test period, the City shall be the first respond to any trouble calls. If n the City Troubleshooter determines that the repairs are the result of poor workmanship, the Contractor shall complete the repairs. The Contractor shall provide a local telephone number (not subject to frequent changes) where trouble calls are to be received on a 24-hour basis. n 1.6 The Contractor's response time to reported calls shall be within a reasonable travel time, but not more than two (2) hours maximum. Appropriate repairs shall be made within 24 hours . If, after further diagnosing the problem, the qualified technician determines the problem is in the equipment supplied by others , the Contractor shall notify the Inspector. NO EXTRA COMPENSATION WILL BE ALLOWED FOR FULFILLING THE REQUIREMENTS STATED ABOVE . The City of Fort Worth, Traffic Services Division will furnish the traffic signal controller and cabinet. The Contractor shall connect all field wiring to the controller-cabinet assembly. The City will assist in determining how the detector loop lead-in cables are to be connected in the cabinet. The City will program the controller, the conflict monitor, detector units , and other equipment in the controller cabinet and tum on the traffic signals. The contractor shall obtain the signal cabinet from the City of Fort Worth, Traffic Services Division, 5001 James Avenue. The Contractor shall notify the In spector at least 3-working days prior to picking up the controller-cabinet assembly . Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page4 R ' ., 1. 7 The locations of traffic signal foundations , bases , conduit , detectors , etc ., shown on the plans are approximate. The Contractor shall give the Inspector 48 hours notice of his intention to establish the final location of any foundations , bases , conduit, detectors, etc ., and have the locations approved on the ground by the Project Engineer or an authorized representative. 1.8 The location and depth of all utilities shown on the plans are approximate and there may be other unknown utilities existing not shown on the plans that should be field verified and protected by the contractor prior to the start of construction. The contractor shall contact DIG TESS and all appropriate utility companies as needed 48 hours prior to doing any work in the area including the following City of Fort Worth offices: 1.9 a. City Utility Mains (Water, Sewer) 817-871-8275 b. City Traffic Signals, Street Lights and Storm Drains 817-392-8100 Whenever the work provided for and contemplated under the contract has been found by the Inspector to be completed to his / her satisfaction on any individual signalized intersection, or interconnected system of signalized intersections , as shown in the plans , final cleaning up of said signalized intersection has been performed and the traffic signal equipment supplied by the contractor has operated continuously for a minimum of thirty (30) days in a satisfactory manner, the Contractor will be released from further maintenance on that particular intersection. Such partial acceptance will be made in writing and shall in no way void or alter any terms of the contract. 2.0 MATERIALS 2.1 General Notes 2.1.1 It is the Contractor's responsibility to furnish all materials necessary to complete each traffic signal installation , whether the item is specifically mentioned or not. All unspecified materials (i.e., electrical tape, bolts , and nuts , etc.) shall meet the requirements of the National Electrical Code. All materials supplied by the Contractor shall be new un-depreciated stock. 2.1.2 Certain sections of these specifications list examples of acceptable brands and model numbers of the items described. Items of equal durability, performance , and design may be substituted upon City acceptance. Bidders may be required to submit to the Traffic Services Division information on materials they desire to furnish and install. A two year warranty shall be required on all other equipment furnished . A list of cities , towns , etc., where the equipment being bid has been in field service for at least two (2) years may be required by the City of Fort Worth for reference . The list shall contain names and phone numbers of persons who can be contacted for such reference. If the guidelines listed above are not met, the bid • and the equipment shall not be accepted. 2.1.3 If more than one unit of a given bid item is required, then the Contractor shall ensure that all units are the product of one manufacturer, unless otherwise directed by the Traffic Services Manager or designee. 2.1.4 All materials furnished by the Contractor shall become the property of the City of Fort Worth , effective upon successful completion of a 30 day test period . Except for materials supplied Traffic Signal Specifications -Part E July 2008 City of Fort Worth Page 5 by the City, the Contractor shall have full responsibility for materials until the date of acceptance with respect to damage, theft , or loss. 2.1.5 Prior to final acceptance by the City, the Contractor is responsible for removal, replacement and reinstallation of any damaged material at the Contractor's expense. 2.2 Traffic Signal Heads Each traffic signal head supplied shall meet the following requirements: 2.2.1 The housing and doors of the signal head shall be made of die cast aluminum alloy in accordance with A.S.T.M. Specification B85-57T. Sandcast aluminum alloy shall be used for other parts of the signal head if in accordance with A.S.T.M. Specification B26-57T. The visors shall be fabricated from aluminum sheet conforming to the A.S.T.M . Specification B-209-57T. All miscellaneous parts such as hinge pins, lens clips, locking devices, etc. shall be made of a non-corrosive material. 2.2.2 The housing of the signal heads shall be constructed of interchangeable sections . All exterior mating surfaces shall be flat to assure waterproof and dust-proof assembly of sections. The top and bottom of the sections will have an opening approximately two (2) inches in diameter to permit the entrance of one and a half (1-Yz) inch pipe nipples. Each section shall have serrated openings or equivalent, for providing a positive and locked positioning of signal sections when used with serrated mast arm or span wire mounting brackets. 2 .2.3 The door and lens housing shall be equipped with a watertight and dust-tight molded neoprene gasket. The door of each signal section shall be attached to the housing in a watertight and dust-proof manner. Non-corrosive hinge pins and two (2) wing screws will be furnished on each door for opening and closing without the use of special tools. These hinges and screws shall be of such design as to allow even gasket pressure. 2.2.4 Each signal head section shall be furnished with a detachable tunnel type visor unless otherwise specified. Visors shall be a minimum of ten (10) inches in length (depth) for twelve (12) inch signals, or a minimum of seven (7) inches in length (depth) for eight (8) inch signal heads where specifically called for in the construction plans. Visors shall be attached to the door assemblies in a manner that facilitates field removal and installation. Visors shall be fabricated from aluminum and shall not form a complete circle and shall have the bottom open, unless louvers are required. 2.2.5 Traffic signal housing shall be furnished with LED inserts that comply with section 2.3 of these specifications and shall be in the standard red , amber and green configuration as spe;ified by the most current version of the "Texas Manual on Uniform Traffic Control Devices " (TMUTCD). 2 .2.6 A screw down type terminal block shall be provided with each signal head for facilitating field wiring. The pigtail leads from the lamp receptacles shall be connected to a common terminal block within the head assembly. Each terminal block will be at least a six (6) position, twelve (12) terminal strip securely fastened at both ends to the signal housing. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page6 r 1 fl n n n r I I n n n n ~ I 2.2.7. All traffic signal heads shall conform to the requirements of the most current version of the Texas Manual On Uniform Control Devices in color and arrangement. The housing and outside surface of the visors shall be "Federal Yellow" in color. The inside surface of visors shall be a "Dull" or "Flat-black" color. The outside surface shall have a minimum of two (2) coats of baked chrome yellow enamel (TT-C-595El310), Munsell notation O.YP 47/15 /3, per FAA Specification L-802-B and ASTM D 1535. 2.3 LED Traffic Signal Lamp Unit 2.3.1 This specification describes the minimum acceptable design and performance requirements for a 12 in. (300mm) or 8 in (200 mm) LED (light emitting diode) traffic signal lamp unit. The equipment furnished shall conform to these Specifications. Further, the equipment shall conform to the applicable requirements of: the Underwriter 's Laboratory Incorporate (UL); the American Society for Testing and Materials (ASTM); the American Standards Institute (ANSI); the National Electrical Manufacturer 's Association (NEMA); and other applicable standards and specifications . (A) The LED traffic signal lamp unit shall comply at a minimum ·with the Institute of Transportation Engineers (ITE) specification for Vehicle Traffic Control Signal Head -Light Emitting Diode (LED) Circular Signal Supplement (VTCSH); adopted June 2005 , for circular indications and Vehicle Traffic Control Signal Head Part 3: Light Emitting Diode (LED) Arrow Traffic Signal Modules for arrow indications . (B) The LED shall have an "incandescent" look, using the minimum number of LED's that comply with the ITE specification . (C) If proper orientation of the LED unit is required for optimum performance , a clear, durable and unmistakable marking shall be provided on each lens as to its proper orientation (top or bottom). (D) The manufacturer 's name , serial number and other necessary identification shall be permanently marked on the backside of the LE D traffic signal lamp unit. A label shall be placed on the unit certifying compliance to ITE standards. 2 .3.3 Documentation Requirements (A) Each LED traffic signal lamp unit shall be provided with the following documentation: ( 1) Complete and accurate installation guide . (2) Contact name , address , and telephone number for the representative , manufacturer, or di stributor for warranty rep a ir. (B) A copy of a test report certified by an independent laboratory that the LED traffic signal lamp model submitted m eets all the re quirements of these specifications in accordance with ITE VTSCH Part 2 . Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 7 (C) The Inspector shall select at random at least five (5) splices to be thoroughly inspected. The Contractor shall, in the presence of the Inspector, sectionalize each selected splice to expose the various layers of materials and the connector. These splices shall be thoroughly checked for compliance to these special provisions. Each splice shall then be remade by the Contractor. This work shall not require extra payment, but is considered subsidiary to other items in the Contract. All of the splices selected for this inspection shall conform to the requirements of these special provisions. If any splices fail to meet these requirements, then ten more splices shall be selected at random by the Inspector for examination. 3.3.8 Identification of Signal Wires and Cables (A) IMSA color coded signal cable shall be used for all signal systems. Colors shall be continuous from the point of origin to the point of termination. (B) Each signal cable, detector lead-in cable and communication cable shall be designated with permanent marking labels or (panduit type PLM, Thomas and Betta type 548M standard single marker type or equivalent) and color coded tape at each pull box and in the controller cabinet. n ( ,f] n 3.4 Grounding J ) 3.4.1 There shall be a properly installed and connected ground rod for each controller cabinet, power drop and signal pole pier to reduce any extraneous voltage to a safe level. The ground q rod shall be located so as to minimize the length of the grounding-conductor run. For pole mounted cabinets a grounding rod and grounding conductor shall be installed at the nearest foundation or ground box. All grounding circuits shall be substantial and permanent and n shall be electrically continuous with an ohms-to-ground resistance not to exceed 10 ohms when tested by volt-ohm-meter. 3.4.2 Grounding Connectors and Electrodes (A) When the location precludes driving a single ground rod to a depth of 2.4 m (8 feet), or when a multiple ground rod matrix is used to obtain the required resistance to ground, ground rods shall be spaced at least six feet apart and bonded by a minimum No. 6 A WG copper wire. (B) Connection of grounding circuits to grounding electrodes shall be by devices which will ensure a positive, fail-safe grip between the conductor and the electrode (such as lugs or pressure connectors). No splice joint will be permitted in the grounding conductor. (C) Each grounding rod shall be driven into the ground to a depth sufficient to provide the required resistance (10 ohms) between electrodes and ground . 3.5 Vehicle Detector Loop Installation (Does not apply to this contract) 3.5.1 Detector lead-in cables shall be identified as shown on the plans (phase Traffic Signal Specifications -Part E City of Fort Worth 1, etc.) with July 2008 Page 28 n n n I f ) I \ n permanent marking labels (panduit type PLM, Thomas and Betts type 548M standard single marker tie or equivalent) at each ground box, pole base , and controller. 3.5.2 It is required that all work related to the installation of a particular detector loop, with the exception of the layout task, shall be completed in the same work day. All loop installation work shall be performed during off-peak traffic hours . Loop installation shall not be made during any type of precipitation. 3.5.3 Installation of detector loops shall be in accordance with the plans. Lead-in saw cuts from the street to the pull box shall maintain a maximum separation from other loops of 12 in.(500 mm) and a minimum separation of 6 in. (150 mm) from other lead-in saw cuts. The saw cut depth, as specified in the standard detail sheets of the plan set shall be consistent, including the entry point into the curb . The maximum number of wires placed in a single saw slot shall be four ( 4) wires. Each lead-in shall enter the curb through a separate hole . 3.5.4 3M Loop sealant or approved equal shall be used to seal all loop wire within the roadway. 3.5.5 Detector lead-in cables shall be run continuously without splices from the curbside ground box to the controller. If splices must be made, they shall be solder connected and the splice connection shall be insulated and waterproofed with 3M DBR-6 Direct Bury Splice Kits or approved equal. Splices at the curbside pull boxes shall be made in the same manner (see Section 3.3.6). Splices in detector cables must be pre-approved by the Inspector in writing. 3.5.6 In all cases where detector loop lead-ins pass from pavement through a curb to an existing ground box for a splice point, conduit shall be installed from the curb entry point up into the ground box. A minimum one inch diameter conduit shall be provided from the curb entry point to the ground box for each loop. 3.5.7 All loop wire from the loop in the street to the ground box shall be tightly twisted a minimum of 5 times per foot (16 times per meter) as it is placed in the lead-in saw cut. 3.6 Concrete Foundations for Signal Structures 3.6.1 All foundations shall be staked by the contractor and approved by the Inspector prior to excavation. While staking the pole locations, the contractor, along with the Inspector, shall be cognizant of pedestrian needs by verifying the location of the push buttons and the pedestrian heads. 3.6.2 Concrete foundations for signal structures shall be located so that the closest face is a minimum of 3 ft . (900 mm) from the face of the nearest vertical curb . The Contractor shall probe before excavating foundations to determine the location of utilities and structures. Foundations shall be p aid for once, regardless of extra work caused by obstructions . The Contractor shall furnish all supplementary items necessary for proper foundation installation. 3.6.3 Excavation for all foundations shall be done in accordance with lines and depths indicated on the standard detail sheets of the plan set. All loose material shall be removed from the excavation before concrete is placed. Any water shall be removed by pumping or bailing . The use of explosives will not be permitted . Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 29 3.6.4 Foundations shall be constructed to the dimensions shown on the plans. The Contractor is required to make certain that the top of the finished foundation is level and formed. Anchor bolts and conduits shall be held rigidly in place by a template until the concrete is set. A mechanical vibrator shall be used for compacting and working the concrete. After the concrete has been placed and the top struck off, it shall be covered with wet cotton or burlap mats or other appropriate form of curing, for not less than 96 hours. All bracing and templates for anchor bolts shall remain in place for 96 hours after the concrete is poured. During that time, the anchor bolts and conduit shall not be subjected to any applied strain. Transformer bases shall not be installed on any foundations until approval has been given by the Inspector. 3.6.5 Backfill shall be tamped with mechanical tamps in 6 in. (150 mm) layers to the density of the surrounding ground. Where excavation is made in the roadway shoulder, the shoulder shall be replaced with material equal to the original composition. 3.6.6 All excavated material , not required for backfill, shall be promptly removed and disposed of by the Contractor, outside the limits of the project. The work site shall be kept clean and neat at all times. 3 .6.7 No concrete shall be placed when the atmospheric temperature drops below 40 F (40 C) n n n (temperature reading taken in the shade away from artificial heat) unless permission to do so r l is given by the Inspector. 3.6.8 The City shall supply to the contractor the controller cabinet anchor bolts and specific cabinet templates. The cabinet door shall generally open away from the intersection. 3.6.9 Pole anchor bolts shall be aligned to be parallel to the tangent of the street curb that the pole is intended to serve. 3 .6 .10 Tubing used to form pole foundations shall not be visible and all exposed concrete shall be finished with vinyl concrete patch mix to provide a smooth quality finish with all voids filled and no aggregate exposed. The cost of the work shall be included in the unit bid price for this item. 3 .7 Installation of Traffic Signal Structures 3 .7.1 The Contractor shall install all traffic signal structures in accordance with the plans. Deviation from the plans because of physical obstructions, such as overhead utilities or in appropriate mast arm length to fit a relocated foundation , shall be worked out with the Inspector and approved prior to installation. Poles shall have nuts on top and bottom of the pole base plate. Anchor bolts for mast arm signal poles shall be set so that two are in tension and two are in compression. The traffic signal pole heights and mast arm lengths shown on the plans and in the material summary are to be used for bidding purposes only. Prior to fabrication , the contractor, in cooperation with the Inspector, shall make field measurements to determine the actual pole height necessary to ensure a vertical clearance of 17 Ft. (5.2M) minimum, and 19 ft. (5.8M) Traffic Signal Specifications -Part E July 2008 City of Fort Worth Page 30 n n 'l maximum from the roadway surface to the bottom of the lowest point on the signal head assembly or mast arm and to determine the mast arm lengths required to mount the traffic signal heads over the traffic lanes. The masts arms shall be straight and level in the area where the signal heads are attached . These field measurements and evaluations shall be determined from the actual field location of the pole foundations , considering all above and below ground utilities and the existing roadway elevations and lane widths . 3.7.2 Transformer bases for pedestal poles shall be leveled and tightly secured to the foundation before the structure is placed on the base. If shims are required for leveling, total shim height shall not exceed 1/2 in. (127 mm). Foundation anchor bolts shall extend a minimum of 1 in. (25.4 mm) through each nut in the base . 3. 7 .3 Except as modified herein, erection of traffic signal structures shall be in accordance with the applicable specifications and standards of the AISC Manual of Steel Construction. Erecting equipment shall be suitable for the work and shall be in proper working condition. Where parts cannot be assembled or fitted properly as a result of errors in fabrication or deformation due to handling or transportation shall be reported immediately to the Inspector. Straightening of plates and angles or other shapes shall be done by approval of the manufacturer. No corrections will be allowed that will void the manufacturer's warranty. A letter from the manufacturer approving the corrections shall be required or the material may be rejected by the Inspector. 3. 7.4 The steel structure frame shall be lifted as shown in the manufacturer's specifications and all match marking shall be followed. Temporary bracing shall be used wherever necessary to support all loads to which the structure may be subjected, including equipment, operation, and material loading. Such bracing shall be left in place as long as may be required for safety. The various members , after being assembled, shall be aligned and adjusted accurately before being fastened. Fastening of splices on compression members shall be done after the abutting surfaces have been brought completely into contact. No welding or bolting shall be done until the structures have been properly aligned. 3.7.5 Bearing surfaces and surfaces which will be in permanent contact with each other shall be cleaned before the members are assembled. Bearing plates shall be set in exact position and shall have a full and even bearing upon the concrete. As erection progresses, the work shall be bolted to take care of all dead load, wind and erection stresses . All erection bolts used in welded construction may be tightened securely and left in place . If removed, the holes shall be filled with p lug welds. 3.7.6 Field bolting shall be in accordance with the requirements specified for shop fabrication . Untrue holes shall be corrected by reaming. Where the surface of a bolted part has a slope of more than 1 :20, a beveled washer shall be used to compensate for the lack of parallelism. Bolt heads and nuts shall be drawn tight against the work with a suitable wrench not less than 15 inches long. Bolt heads shall be tapped with a hammer while the nut is being tightened. 3.7.7 Field Painting of Structures: Surfaces where the shop coat of paint has been damaged shall be retouched after installation in compliance with Section 2.20.1. The cleaning, pretreatment, and priming of welds and the areas adjacent thereto shall be done promptly after the acceptance of the weld. Care shall be Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 31 taken to properly mask signals heads , signs, pedestrian pushbuttons and their mounting hardware to keep paint from splashing onto these components. Masking shall be removed after completion of the painting process. A sufficient number of paint coatings shall be applied to each structure to result in a uniform finish once completed. All structures shall be air blasted using high pressure air to remove peeled paint and dust prior to application of new paint. 3.7 .8 Bolted parts shall fit solidly together when assembled and shall not be separated by gaskets or any other interposed compressible material. When assembled, all joint surfaces, including those adjacent to the bolt heads , nuts , or washers , shall be free of scale, except tight mill scale , and shall also be free of burrs, dirt, and other foreign material that would prevent solid seating of the parts. Each fastener shall be tightened to at least the minimum bolt tension as recommended by the pole manufacturer using ASTM A325 or A490 bolts for the size of fastener used. Threaded bolts shall be tightened with properly calibrated wrenches or by the "tum-of-nut" method. Bolts may be installed without hardened washers when tightening takes place by the "tum-of-bolt" method. Any bolt tightened by the calibrated wrench method ( or by torque control) shall have a hardened washer under the element (nut or bolt head) turned in to a point not closer than 7 /8 ths of the bolt diameter from the center of the washer. 3.7 .9 Grouting: The Contractor shall perform all work required to complete the grout work associated with installing the signal structure and furnish all supplementary items necessary fl n n n I n , 1 for its proper installation. I l 3.7.10 Where signal poles and/or mast arms exist on raised foundations that are to be removed and installed on new foundations, the Contractor shall store these poles , mast arms, street lights , n and wiring until they can be installed on their new foundations . 3.8 Installation of Signal Heads, Pedestrian Heads and Pedestrian Push Buttons n 3.8.1 The Contractor shall be required to assemble all signal head units as specified in the plans or as directed by the Inspector. Signal and pedestrian heads shall be securely tightened immediately after signal head assembly has been installed. If any signal head assembly is found to be loose or asymmetrical in any manner, the Contractor shall be required to remove and rebuild the signal head assembly to the satisfaction of the Inspector. n 3.8.2 The Contractor shall mount signal heads level and plumb. The Contractor shall position and secure the signal heads so they are visible as stipulated, in Table 4-1 of the TMUTCD. 3.8.3 All signal heads or parts of heads not in operation shall be covered with burlap or fabric material until placed into operation. When the signal heads become operational, all existing heads no longer required shall be removed immediately. 3.8.4 Pedestrian head assemblies installed such that the wiring to each head shall pass from the mast arm through the signal head bracing or attachment hardware to the signal head. No exposed cable or wiring will be permitted . Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 32 I I f1 fl fl J 3.9 Controller Cabinet Preparation 3.9.l Each controller cabinet shall be modified for use at a specific intersection in accordance with the instructions included in the plans. Each cabinet shall be prepared and tested for on-the- street use by the Traffic Services Division of Transportation and Public Works Department prior to field installation of the cabinet. 3.9.2 All wiring modifications made in conjunction with preparing the cabinet for use at a specific intersection shall be documented on the cabinet prints for that intersection. 3.10 Installation of Microwave Detector Units (Does not apply to this contract.) 3.10.1 Microwave detector units shall be installed as shown the Signal Layout Sheet of the signal construction plans. 3.10.2 The Contractor shall provide a technician to assist with adjusting and aiming the detector unit at the time of traffic signal turn-on, in order to comply with Engineer 's desired detection areas as shown on the construction plans. 3.11 Installation of Video Detection Units 3.11.1 The Contractor shall install the video cameras in accordance with the manufacturer's recommendations in order to achieve the detection areas as shown on the construction plan sheets. The camera mounts shall be neat and plumb. The detector unit outputs shall be programmed by a manufacturer representative at the time of signal turn-on in accordance with the detector table shown on the construction plan sheets. 3 .11.2 Video detection camera cables shall be installed in the conduit system at the same time as the other signal cables in accordance with Section 3 .3 .1. 3.12 Installation of Emergency Vehicle Detection Units 3.12.1 Any emergency vehicle detection (EVD) equipment required in the construction plan set will be supplied by the City. Where practical , EVD receiver units shall be mounted to a rigid metal arm supplied by the City and banded to the mast arm pole upright on the intersection comer designated on the Traffic Signal Layout sheet of the plan set. The Inspector shall determine if the roadway sight line permits this type of EVD installation. Otherwise the EVD receiver units shall be mounted on the mast arms for the intersection approaches as designated on the Traffic Signal Layout sheet of the plan set. 4.0 INSTALLATION AND RELOCATION OF TRAFFIC SIGNS AND DAMPERS 4.1 The contractor shall furnish , install and relocate existing signs as shown in the plan set. Mast-arm signs shall be mounted with astro-sign brae or signfix aluminum channel or equal as approved by the engineer. 4.2 Metro street name signs shall be mounted level with the ground as shown on the standard Construction detail sheets. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 33 4.3 Dampers shall be installed using Astro Sign Brae or Signfix Aluminum Channel or equal. 5.0 PRESERVATION OF LANDSCAPING, SPRINKLER SYSTEMS, AND PRIVATE PROPERTY 5.1 The Contractor shall assume full responsibility for the preservation of existing landscaping (sod, shrubbery, trees , and etc.), sprinkler systems, and/or other private property at the site during the installation of items in this contract document. Damaged landscaping, sprinkler systems, and/or other private property shall be replaced within a reasonable time, by the Contractor at his own expense, to the satisfaction of the Inspector. 5.2 The contractor shall relocate the existing EVD equipment. 5.3 No trees or shrubbery shall be cut except upon the specific authority of the Inspector. 5.4 6.0 6.1 Removal of mail boxes in the way of construction requires 48 hours advance notice to the post office . REMOVAL OF MISCELLANEOUS ITEMS Removal and Salvaging of Traffic Signal Equipment All salvage materials will be delivered by the Contractor to the City at a locations designated n n n I l by the Inspector. The Inspector, assisted by authorized representatives, will serve as the n receiving agent for salvage material. The Contractor will ship and handle all salvage material (heads, poles, cabinets, cable, signs, n amplifiers, etc.) in a manner so as to prevent damage to these items. Signal heads will be removed from poles prior to shipping. All cables must be secured in controller cabinets to prevent damage during shipment and handling. All screws will be tightened into their respective slots to prevent loss during shipping. The controller and all supplemental control equipment (conflict monitors, detector amplifiers, load switches, etc.) will be removed from the cabinet prior to cabinet removal and given to the Inspector at the time of the signal turn-n on. The Inspector will identify existing damage to salvageable material and mark damaged items in the field before they are delivered to the City yard. If damage to material is the fault of the Contractor, he or she will have three (3) working days to make repairs or supply like items, at his/her expense, for damaged items. If the Contractor fails to repair or replace damaged items in said time, the City may charge the Contractor for the assessed value as determined by the Traffic Services Manager or designee. 6.2 Removal and Replacement of Curbs and Walks (A) Contractor shall secure permission from the Inspector before cutting into or removing any walks or curbs which might be required during construction. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 34 -1 1 ·l (B) Where possible, dig under sidewalks. If the Contractor chooses to remove or cut the sidewalk, the concrete must be sawed and broken out and then restored to an equal or better condition than the original. 6.3 Removal of Foundations All foundations subject to removal (as indicated on the plans) shall be razed to a level at least 12 inches below the ground surface if the foundation subject to removal is located within a sidewalk, the foundation shall be removed to a depth equal to or greater than the thickness of the walkway. Once the foundation is removed, the ground surface shall be restored to surrounding conditions. 6.4 Removal of Ground Boxes 6.5 7.0 7.1 If the construction plans call for the removal of abandoned ground boxes, then the hole remaining from ground box removal shall be filled and the ground surface shall be restored to surrounding conditions. Any conduit elbows found the ground box to be removed shall be cut back to a minimum of 12 inches below the natural ground surface. Removal of Signs The existing stop sign panels, or any grounded mounted signs, as shown on the plans, will be removed after the traffic signals are placed in flash and before the signal is turned to full colors by City forces. SAMPLING AND TESTING General Notes (A) Initial testing of all materials, construction items, or products incorporated in the work will be performed at the direction of the City and at the expense of the Contractor, including initial compaction and density tests deemed necessary in connection with the construction of embankment, backfill of structures, or excavation. (B) In the event that a material , construction item , product incorporated in the work, embankment, backfill, excavation or any other item tested, fails to satisfy the minimum requirements of the initial test described above, appropriate prove-out tests shall be made as directed by the Inspector to determine the extent of the failure and to verify that corrective measures have brought the item up to specification requirements. The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures shall be the responsibility of the Contractor. (C) The failure to require tests of materials by the Inspector shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to these specifications . (D) Tests, unless otherwise specified, shall be made in accordance with the latest methods of the ASTM or other approved test methods. The Contractor shall provide such Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 35 facilities , as the Inspector may require , for the collecting and forwarding of samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. 7.2 Concrete 7.3 (A) All concrete materials, reinforcing steel, and preparation shall be in accordance with the requirements of the City of Fort Worth Standard Specifications for Street and Storm Drain Construction. Vehicle Detector Loops (Does not app ly to this contract) (A) (B) Prior to termination of the loop lead-in in the controller cabinet an installation test shall be made by applying not less than 500 volts DC to the completed detector loop . A minimum resistance of 1 megohm shall be obtained by use of a meger. After the above tests are completed and the lead-in cable has been terminated in the cabinet, the Contractor shall assist the Inspector in determining the loop inductance of each loop detector. A detector loop analyzer shall be used to determine the total inductance of the loop in the pavement and its associated lead-in cable as well as to determine the percentage shift in loop inductance for various size vehicles that actuate the detector. 7.4 Signal Cables (A) (B) The Traffic Services Manager or designee may require that all cables shall be checked for insulation resistance upon installation and prior to termination. The tests shall be made with a test set operating at a minimum of 500 volts DC applied to the conductors. Each conductor in the multi -conductor signal cables shall be tested for insulation resistance relative to each other and to the outer covering of the cable. The minimum acceptance value for insulation resistance shall be one megohm. 7.5 Controller Cabinets (A) If the controller cabinet is to be supplied by the Contractor for this project, the cabinet shall be tested at a facility located within the Dallas/Fort Worth area. (B) The Contractor shall notify the Inspector or his representative a minimum of three working days prior to beginning the test period of his intent to test a cabinet or group of cabinets. At this point, the City may schedule an inspection team and notify the Contractor of the earliest date and time the team can visit. (C) Each cabinet shall be tested with a controller unit for a minimum of 24 continuous hours . The cabinet test will include conflict monitor functions, detector unit function and load switch operation for conformance with cabinet hardware specifications , etc . The cabinet must successfully pass all items. Otherwise the test is restarted for another 24 hour period. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 36 q n 'l n f I r I fl n n n [1 8.0 WARRANTIES/GUARANTEES 8.1 The Contractor guarantees all work performed and materials furnished under this project for a period of twenty-four (24) months following the date of final acceptance . In addition, the Contractor shall furnish any normal manufacturer warranties with effective beginning dates the same as the date of the project acceptance. 8.2 All faulty equipment shall be repaired within 15 working days of the Contractor being notified. 9.0 TRAFFIC SIGNAL MAINTENANCE DURING CONSTRUCTION 9.1 While performing work under this contract, the Contractor bears the sole risk of loss for damages to or destruction of any traffic signal equipment or appurtenances , on equipment that was not to be replaced or installed under this Contract, but which was damaged or destroyed through the fault or negligent acts of the Contractor. The Contractor shall replace such damaged or destroye d equipment, etc., at no cost to the City, regardless of whether or not the damaged or destroyed equipment, etc., was a part of this contract or any warranties under this contract. The Contractor's responsibility shall cease under this paragraph upon written acceptance of an intersection by the City. 9 .2 The Contractor's responsibility for full operation and maintenance of all traffic signal equipment shall begin when he starts any type of work which effects active intersection control at the first intersection and shall extend through the period of final project acceptance of each intersection. This maintenance responsibility includes existing controllers/masters, existing interconnect and cabling systems, existing signal indications, existing vehicle detectors , new controllers/masters, new signal hardware , new cabling systems, and other hardware elements which are considered part of either the existing or the new traffic signal system. 9.3 It is recognized that the City may continue to make a first response to any trouble call. Action on such response will , however, be limited to placing the intersection on flash , replacing load switches or detector amplifiers , erecting temporary control devices , requesting immediate traffic control by uniformed police officer, or other such action deemed necessary to provide a safe operation. Such action will in no way relieve the Contractor of his operation and maintenance responsibility. 9.4 The Contractor shall be required to notify the Inspector or Traffic Services Division at least 24 hours in advance of any planned controlled change-outs or any other operational procedures. 10.0 BARRICADES 10.1 The Contractor shall be required to obtain a Street Use Permit from the Street Management Section of the Traffic Engineering Division, 311 W 10 111 St. The traffic control plan (TCP) for this project shall be as detailed on the Traffic Control Plan Detail sheets of the plan set. A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 37 10.2 If the Inspector discovers that the Contractor has failed to comply with applicable federal and state laws (by failing to furnish the necessary flagmen, warning devices , barricades, lights, signs , or other precautionary measures for the protection of persons or property), the Inspector may order such additional precautionary measures be taken to protect persons and property. 10 .3 In addition, the Contractor shall be held responsible for all damage to work items and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property . Whenever evidence is found of such damage , the Inspector may order the damaged portion immediately removed and replaced by the Contractor at his expense. 10.4 Subject to the approval of the Inspector, portions of this project, which are not affected by or in conflict with the proposed method of handling traffic or utility adjustments, can be constructed during any phase. 10.5 Barricades and signs shall be placed in such a manner as to not interfere with the sight distance of drivers entering the highway from driveways or side streets . To facilitate shifting, barricades and signs used in lane closures or traffic staging may be erected and mounted on portable supports. The design of these supports are subject to the approval of the engineer. 10.6 The contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and contractor's personnel, and as shown on the plans or as directed by the engineer . These flaggers shall be located at each end of the lane closure and shall be properly attired. The two flaggers shall be in two way radio contact with each other at all times. Paddles will be required for this project. 10 . 7 The contractor will not be permitted to commence work on the road before sunrise and shall arrange his work so that no machinery or equipment shall be parked closer than 30 ft. (9 .14M) to the traveled roadway after sunset except as authorized by the engineer. 10.8 The contractor shall keep traveled surfaces used in his hauling operation clear and free of dirt or other material. 10.9 The use of rubber-tired equipment will be required for moving dirt and other materials along or across paved surfaces. 10.10 No lane closures will be allowed prior to 9:00 a.m. or after 4:00 p.m., Monday thru Friday unless otherwise directed by the engineer. 11 n n n n n f I n n 10.11 If at any time the existing traffic signals become inoperable, the contractor shall provide r ) portable stop signs with two orange flags , as approved by the engineer , to be used for traffic control. 11.0 PAYMENT FOR FURNISHING AND INST ALLING CONTRACT ITEMS 11.1 The unit bid price shall be full compensation for placing and testing all materials as well as use of equipment, tools , labor and incidentals necessary to complete the work. Portions of Traffic Signal Specifications -Part E July 2008 City of Fort Worth Page 38 the work that have not been approved by the Inspector will not be considered complete and payment shall be withheld until the Contractor has completed the work to the satisfaction of the Inspector. 12.0 EXPERIENCE AND QUALIFICATIONS 12.1 The Bidder may be required to supply a list of cities, towns, etc ., where previous Contract work as been completed. The list shall contain names and phone numbers of persons who can be contacted for such reference . If the guidelines li sted above are not met, the bid may not be accepted. 12.2 The Bidder shall also furnish information, as outlined above on each major subcontractor (i.e. manufacturer or fabricator of traffic signal structures , etc.) that will participate in this project. The City reserves the right to reject any and all subcontractors. 12.3 The City reserves the right to reject any and all bids and to waive formalities. Traffic Signal Specifications -Part E City of Fort Worth July 2008 Page 39 PARTF CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE MAINTENANCE BOND PERFORMANCE BOND PAYMENT BOND F-1 CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER ACCORD FORM DESCRIPTION OF OPERATIONS SECTION CONTINUED CERTI FICATE HOLDER: City of Fort Worth 1000 Throckmorton St r eet Fort Worth TX 76102 DESCRIPTION OF OPERATIONS CONTINUED : IN SURED : Durable Specialties, Inc. 12 1 1 S . Al exander St Duncanville TX 75138 DATE 12 /16 /2009 and limits provided by the policy and the addi t ional insured endorsement . Waiver of Subrogation applies to the City on the Workers' Compensation, General Liability and Auto Liability policies. DOC (10/20 03) ?ase 3 o f ] 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 Installation of Seven Traffic Signals and City of Fort Worth Project No .TPW-TS-2009-00029. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR: "3 e_ '.f--fi' ~ C . fitJ a a Title : -~-'--'-fi-""'-e J..c..L.)-""-'-d en=-:......:.....-\-.;.___ __ _ Name : Date : ---'-"'d~-_,_,,15""'--~cq..::;___i__ __ Before me , the undersigned authority , on this day personally appeared ::J~ r .. ~cm known to me to be the person whose name is subs: ~ to the foregoing instrument , and acknowledged to me that the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this ~ day of [)?(em t?e[ , 20 ft}. Notary Public in and for th Texas ,- DuRABLE SPECIAL TIES, INC. P. 0 . BOX 381788 • DUNCANVILLE, TX 75138 • PHONE : 1 -972-296-6324 • FAX : 1-972-780-7411 DURABLE SPECIAL TIES, INC . W ORK EXPERIENCE MAJOR CONTRACTS 2009 CO NTRACT SCOPE OF WORK YEAR/JOB# LOCATED NAME AND AMT ADDRESS $ 129 ,849 .00 SIGNAL MODIFICATION 2009/901 W . 7TH & CURRIE ST . CONATSER CONSTRUCTION CITY OF FORT WORTH 5327 WICHITA ST. FT . WORTH , TEXSA 76102 $ 260 ,077 .00 TRAFFIC SIGNAL 2009/902 IH 20 (GREAT SOUTHWEST MCMAHON CONTRACTING TXDOT TARRANT COUNTY PARKWAY) PO BOX 153086 IR V ING , TEXAS 75015-3086 s 302 ,700.00 TRAFFIC SIGNAL 2009/904 VARIOUS LOCATIONS CITY OF NORTH RICHLAND HILSS IMPROV EMENTS 7200 A DICK FISHER DR S NORTH RICHLAND HILLS , TEXAS 76182-0609 $ 1,098 ,700 .00 TRAFFIC SIGNAL 2009/906 LOOP 12 MICA CORPORATION TXDOT DALLAS PO BOX 161609 FT. WORTH , TEXAS 76161 $ 367 ,900 .00 TRAFFIC SIGNAL 2009/910 VARIOUS LOCATIONS TOWN OF ADDISON SYSTEM IMPROVEMENTS PO BOX 9010 ADDISON , TEXAS 75001-9010 $ 149 ,000 .00 TRAFFIC SIGNAL 2009/911 SH 171 PRATER EQUIPMENT CO , INC TXDOT PARKER COUNTY PO BOX 746 COMANCHE , TEXAS 76442 $ 585 ,148 .00 VITRUVIAN PARK PUBLIC 2009/914 VI TR UVIAN PARK NORTH TEXAS CONTRACT ING INFRASTRU CTURE PO BOX 468 PHASE 1B ( ~ KELLER , TEXAS 76244 TOWN OF ADDISON $ 471 ,658.40 INSTALL 4 NEW TRAFFIC 2009/915 VARI OU S LOCATIONS CITY OF AL LEN SIGNALS 305 CENTURY PARKWAY A LLEN , TEXAS 75013-8042 s 122 ,660 .00 STREETSCAPE 2009/916 E M ST -FROM AKARD TO T,EXAS STANDARD CONSTRUCTION IMPROVEMENTS ERVAY PO 60)(216768 CITY OF DALLAS DALLAS , TEXAS 75211 $ 315 ,517 .00 02 13-PGB-06 -CN -E N 2009/918 SOUTH OF MAIN ST . TO MICA CORPORAT ION SECTION XXXI NORTH OF SHOR OF LAKE PO BOX 161609 NTIA RAY HUBBARD FT . WORTH , TEXAS 76161 $ 482 ,330 .00 TRAFFIC SIGNAL 2009/919 BEL TLINE RD TO CASH CONSTRUCTION CO , INC . DALLAS COUNTY WHEATLAND RD .. PO BOX 1279 FLUGERVILLE , TEXAS 78691 $ 122 ,820 .00 TRAFFIC SIGNAL 2009/920 DEBB IE LANE @ BEN CITY OF MAN S FIELD BARBER ACADEMY 1200 E . BROAD ST . MANSFIELD , TEXAS 76063 s 121 ,120 .00 INTERSECTION 2009/921 SARA JANE@ GREAT MCMAHON CONTRACTING IMPROVEMENTS SOUTHWEST PARKWAY PO BOX 153086 IRVING , TEXAS 75015-3086 s 149 ,505 .00 TRAFFIC SIGNAL 2009/922 FM 1382 REBCON , INC . TXDOT DALLAS 1868 W. NORTHWEST HWY DALLAS , TEXAS 75220 s 150 ,700 .00 TRAFFIC SIGNAL 2009/924 W. PIPELINE RD@ AUi CONTRACTORS CITY OF HURST FUTURE RD 4775 N. FREEWAY FT . WORTH , TEXAS 76106 s 1,0 16,435 .20 REVERSIBLE LANE SYS 2009 /92 7 ROAD T O S IX FLAGS , C ITY OF ARLINGTON COLLINS & DIVISON ST. 10 11 W. MAIN ST. ARLINGTON , TEXAS 76013 s s s s DuRABLE SPECIAL TIES, INC. P. 0 . BOX 381788 • DUNCANVILLE , TX 75138 • PHONE: 1 -972-296 -6324 • FA X : 1-972 -780-7411 DURABLE SPECIAL TIES, INC . WORK EXPERIENCE MAJOR CONTRACTS 2009 CONTRACT AMT SCOPE OF WORK 169 ,819.45 INTERSECTION IMPRVTS PHASE 1B 233 ,000 .00 TRAFFIC SIGNAL INSTALL 590 ,113 .80 TRAFFIC SIGNAL INSTALL AT 4 LOCATIONS 128 ,807 .50 TRAFFIC SIGNAL INSTALL YEAR/JOB# LOCATED 2009/929 TOWN EAT BLVD & NORTH GALLOWAY AVE 2009/930 2009/931 2009/937 FM 1378 & COUNTRY CLUB DRIVE RIDGEVIEW DR. & ALMA EXCHANGE PKWY & RIDGEVIEW DR . RIDGEVIEW DR . & WALNUT SPRINGS DR . EXCHANGE PKWY & TWIN CREEKS DR . SH 289 & LEGACY DR . NAME AND ADDRESS JIM BOWMAN CONSTRUCITON 11 11 SUMMIT AVE , #1 PLANO , TEXAS 75074 L. H. LACY COMPANY , LTD . PO BOX 54 1297 DALLAS , TEXAS 75354 -1 297 CITY OF ALLEN 305 CENTURY PARKWAY ALLEN , TEXAS 75013 MICA CORPORATION PO BOX 16 1609 FT . WORTH , TEXAS 76161 EXPERIENCE RECORD L . t f . t . f h 1s o pro1ec s your orgamza 10n as success full 1 t d LY comp e e : 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 F-4 DuRABLE SPECIAL TIES, INC. P. 0 . BOX 381788 • DUNCANVILLE , TX 75138 • PHONE: 1-972-296-6324 • FAX : 1 -972 -7 80-7411 EQUIPMENT SCHEDULE EQUIPMENT OWNED BY 2005 -F450 W/AL TEC BUCKET DURABLE SPECIALTIES , INC . 2005 -VERMEER RT650 DURABLE SPECIALTIES , INC . 2007 -CATERPILLAR EXCAVATOR 302C DURABLE SPECIALTIES , INC. 2006 -BOBCAT SKID STEER LOADER DURABLE SPECIALTI ES , INC . 2006 -VERMEER D24X4011 NAVIGATOR DURABLE SPECIALTIES , INC. 2007 -MACK CTP713 DURABLE SPECIALTIES , INC . 2005 -IH 4200CR 18 TON CRANE DURABLE SPECIALTIES , INC. 2001 -INTERNATIONAL CRANE DURABLE SPECIALTIES , INC. 2004 -MACK CH 613 CAB TRUCK DURABLE SPECIALTIES , INC . 2000 -VERMEER V5750 TRENCHER DURABLE SPECIALTIES , INC . 2000 -SPOIL VAC DURABLE SPECIALTIES , INC . 2008 -S160 BOBCAT LOADER DURABLE SPECIALTIES , INC . 2!5Ub ~~niue~M-1:(I I -' 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: F-5 THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond# 2053478 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we , (1) Durable Specialties, Inc , as Principal herein , and (2) Grear Am e ric a n Insura nce Compan y of New York a corporation organized and existing under the laws of the State of (3) New York , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein , in the amount of Four Hundred Sixty Nine Thousand, Dollars and No Cents Dollars ($469,000.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents : WHEREAS , the Principal has entered into a certain written contract with the Obligee dated the 10th 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 cop ied at length, for the following project: Installation of Seven Traffic Signals TPW Project No. TS-2009- 00029. 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 10th day of November , 2009. Durable Specia lties, Inc. PRI ~ /) ATTEST: r'· M &>1 W\\M1 fu~J &, By ~kJ7_'4 Nam: ·s~ e;_j (,. ex-~QQ (Principal) Secretary Title : rvve~\Oeot (SE AL) Secretary (SE AL) n NOTE: (1) (2) (3) Address : ~. D, t)l51 33 )1 t>D -D Tunca.D,f11\e ;Th -1 5 (~ Gr; =.ca=-.:~:....R..:..:~=~..:::.;e r::..:i::..:c:..:ca=~n~_I=n=s:....:.u...c:.r..::.:..an:....c:....e_~_.:.C..c.om_,p'=, a::-n-=-y_o_f_N_ew York By ~ h;z::::_ Name: Jack M. Crowley Attorney in Fact Address: 13355 Noel Road, t/400 Dallas. TX 75240 Telephone Number: 972-715-6232 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. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK NewYork Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No :O 16961 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of t he laws of the State of New York, does hereby nominate, constitute and appoi~t the person or persons named below its true and lawful attorney-in-fact, for it and in its name , place and stead to execute in behalf of the sa!d Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof ; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JACK M . CROWLEY WAYNE A COBLE PATRICIA A. SMITH Address ALL OF DALLAS, TEXAS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power All $75,000 ,000 IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22 day of OCTOBER 2009 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK DAVID C. KITCHIN (513-412-4602) STATE OF OHIO, COUNTY OF HAMILTON-ss: On this 22ND day of OCTOBER 2009 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of t he Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,· to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this lOtltlay of November , 2 009 S1185E (4/08) THE STATE OF TEXAS COUNTY OF TARRANT Bond# 2053478 ------------- PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we, (1) __ D_u_r_a_b_le_S~p_e_c_ia_l_ti_e_s_, l_n_c __ as Principal herein, and (2) Great American Insurance Company of New York , a corporation organized under the laws of the State of (3) New York , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the sum of Four Hundred Sixty Nine Thousand, Dollars and No Cents Dollars ($469,000.00)) for the payment of which sum we bind ourselves, our heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , Principal has entered into a certain written contract with the Obligee dated the 1 oth day of November , 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Installation of Seven Traffic Signals TPW Project No. TS-2009-00029. 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 10th day of November , 2009. ATTEST: ~~,10;~) (Principal) Secretary (SE AL) (SE AL) NOTE: (1) (2) (3) Name: --'J'-a_c_k_M_._C_r_ow_l_e..,,_y ____ _ Attorney in Fact Address : 13355 Noel Road, 11400 Dallas, TX 75240 Telephone Number: 972-715-6 2 3 2 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. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK NewYork Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 16961 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obl igations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. · Name JACK M. CROWLEY WAYNE A COBLE PATRICIA A. SMITH Address ALL OF DALLAS, TEXAS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above . Limit of Power ALL $75,000 ,000 IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22 day of OCTOBER 2009 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK DAVID C. KITCHIN (513-412-4602) STATE OF OHIO, COUNTY OF HAMILTON-ss: On this 22ND day of OCTOBER 2009 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds,· undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this lOtltlay of November , 2009 S11 BSE ( 4/08) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS : § § § Bond#~~2_0_5_34_7_8~~~~~~~~~ MAINTENANCE BOND That Durable Specialties, Inc ("Contracto r''),as principal , and , Gr e a t Am e ri can Insuranc e Compan y of Ne w York a corporation organized under the laws of the State of NY , ("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 , ("C ity ") in Tarrant County , Texas, the sum Four Hundred Sixty Nine Thousand, Dollars and No Cents Dollars ($469,000.00) lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors , said Contractor and Surety do hereby bind themselves , the ir 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 Cont ract with the City of Fort Worth , dated the 1 oth of November , 20 09 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : Installation of Seven Traffic Signals the same being referred to herein and in said contract as the Work and being designated as project number(s) TPW Project No. TS-2009-00029 and said contract , including all of the specifications, conditions , addenda , change orders and written instruments referred to therein as Contract Documents being incorporated here in and being made a part hereof; and , WHEREAS , in said Contract , Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City ; and WHEREAS , said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two) Years ; and WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Department of Transportation and Public Works , it be necessary; and , WHEREAS , said Contractor binds itself, upon receiving notice of the need therefore to repa ir or reconstruct said Work as herein provided. NOW THEREFORE , if said Contractor shall keep and perform it said agreement to maintain , repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void , and have no force or effect. Otherwise , this Bond shall be and remain in full force and effect, and Bond# 2053478 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 10th day of November , AD. 2009 . Inc. ATTEST: CA)\ tit l,V\jV'j\,J fulliv (Principal) Secretary . (SE AL) (SE AL) NOTE : (1) (2) (3) Address : Name : Jack M. Crowley Attorney in Fact Address: 10355 Noel Road, #400 Dallas, TX 75240 Telephone Number: 972 -715 -6232 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. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK NewYork Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 16961 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JACK M. CROWLEY WAYNE A COBLE PATRICIA A. SMITH Address ALL OF DALLAS, TEXAS This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. Limit of Power ALL $75,000,000 IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22 day of OCTOBER 2009 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK STATE OF OHIO, COUNTY OF HAMILTON-ss: DAVID C. KITCHIN (513-4 12-4602) On this 22ND day of OCTOBER 2009 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,· to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at anytime. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this lOtlday of November , 2009 S1185E (4/08) THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL MEN BY THESE PRESENTS : COUNTY OF TARRANT This agreement made and entered into this the 1 oth day of November , 20 09 by and between the CITY OF FORT WORTH , a municipal corporation of Tarrant County, Texas , organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.O., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas , and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Durable Specialties, 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: INSTALLATION OF SEVEN TRAFFIC SIGNALS Designated as project number: TPW-TS-2009-00029 . 2 . That the work herein contemp lated 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 . 3 . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 250 (Two Hundred Fifty) 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 penalty but as liquidated damages , the Contractor and his Surety shall be liab le to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications , and Contract Documents , then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 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 terms and conditions of this C-2 OFFICIAL RECORD CITY SECRETARY 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 cla im 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 FOUR HUNDRED SIXTY NINE THOUSAND DOLLARS AND NO CENTS $469,000.00 C-3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 copies verbatim herein. 11 . The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12 . It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF , the City of Fort Worth has caused this instrument to be signed in Six (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary , with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six (6) counterparts with its corporate seal attached. C-4 OFFICIAL RECORD CITY SECRETARY FT. WO RTH, TX Done in Fort Worth , Texas , this the APPROVED: D1RECT0R.TRAN8-RTATI0N AND PUBLIC WORKS DEPARTMENT 1 oth day of November ,20_09 __ contract Authorizatioa \\j 10ID J 1)urable ~cn!:h ~s ;:To~ -ATIEST (Contractor) (TITLE) 1. o.<u§f 3 5JJ ffi (Address) DuvYaofi \\(Ti\ .15 135 (C ity/State/Zip) -/ Rev ised June 2008 -- APPROVED AS TO FORM & LEGALi Y: OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX