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Home My WebLink AboutContract 41296SPECIFICATIONS AND CONTRACT DOCUMENTS FOR --CONlMClOll'I-CG. V:: CIIY IECRETMY . __ cmwmOMCI __ ....... __ ,...,uca,r CONCRETE RESTORATION (2010-11) CITY SECRETARY ATVARIOUSLOCATIONS CONTRACTNO . 4-t)9(p IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01593 P--: TPW PROJECT NO. C293-541200-20,A'330159383 MIKE MONCRIEF MAYOR 2010 DALE A. FISSELER, P.E. CITY MANAGER WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ANDY ANDERSON, P.E., ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE GROUP OFFICIAL RECORD CITY ECRETARY ORTH,TX I ' - - &CRe view http://apps.cfwnet.org/counci I _packet/me _review .asp?ID= I 4329&coun Offi:ial ste of the Cly of Fort Worth, Tex as CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 11/16/2010-0rd. No.19433-11-2010 DATE: 1111612010 REFERENCE NO.: CODE: C TYPE: **C-24594 LOG NAME: PUBLIC CONSENT HEARING: 20CONCRETE RESTORATION 2010-11 NO SUBJECT: Authorize the Execution of a Contract in the Amount of $519,984.90 with Westhill Construction, Inc., for Concrete Restoration 2010-11 at Eighteen Locations and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 , 4, 5, 6 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $519,984.90 from the Contract Street Maintenance Fund to the General Fund ; 2 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $519,984.90 in the General Fund from available funds; and 3. Authorize the City Manager to execute a Contract with Westhill Construction, Inc., in the amount of $519,984.90 for 150 calendar days for Concrete Restoration 2010-11 at eighteen locations. DISCUSSION: M&C G-16824 transferred funds from the General Fund to the Contract Street Maintenance Fund for the purpose of tracking annual capital contracts. Since this concrete repair contract is strictly of a maintenance nature , funds are being transferred back to the General Fund. Concrete Restoration 2010-11 at 18 locations provides for the repair of panels in concrete streets at various locations. The City reserves the right to increase or decrease quantities of individual pay items within the contract -provided that the total contract amount remains within plus or minus 25 percent of the contract award . o f2 This project was advertised for bid on August 12, 2010 and August 19, 2010, in the Fort Worth Star-Telegram. On September 9, 2010, the following bids were received: BIDDERS Westhill Construction, Inc. Laughley Bridge and Construction , Inc. Conaster Construction TX LP Estrada Concrete Co. LLC Ken-Do Contracting , LP McMahon Contracting LP AMOUNT $519,984.90 $524 ,135.00 $538,556.17 $607,996.60 $642 ,827.00 $692 ,099.66 11 /1 8/2 010 8:09 AM &CReview http://apps .c fw net.orglcouncil_packet/mcJ eview.as p?ID=l4329&co . of2 The Fain Group, Inc. Northstar Construction, Inc. Ed A Wilson , Inc. $833 ,103.25 $856,300.50 $1,050 ,318.50 Westhill Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's goal on this project is 18 percent. This project is located in COUNCIL DISTRICTS 2 , 4 , 5, 6 and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget as appropriated, of the General Fund. TO Fund/Account/Centers 1&2) GG01 472293 0202002 $519,984 .90 2} GG01 53711 O 0202002 $519,984.90 Submitted for Citv Manager's Offace by: Originating Deparbnent Head: Additional Information Contact: ATTACHMENTS 20CONCRE 2010-11 MAP PAGE 01 .Qdf 20CONCRE 2010-11 MAP PAGE 02 .Qdf 20CONCRE 2010-11 MAP PAGE 03.Qdf 20CONCRE 2010-11 MAP PAGE 04 .Qdf 20CONCRE 2010-11 MAP PAGE 05 .Qdf 20CONCRE 2010-11 MAP PAGE 06.Qdf 20CONCRE 2010-11 MAP PAGE 07 .Qdf 20CONCRE 2010-11 MAP PAGE 08 .Qdf 20CONCRE 2010-11 MAP PAGE 09.Qdf 20CONCRETE RESTORATIO 2010-11 AO.doc FROM Fund/Account/Centers 1) C293 538070 201629990100 $519 ,984 .90 3} GG01 537110 0202002 Fernando Costa (8476) William Verkest (8255) Tariqul Islam (2486) $519.984 .90 11/18/2010 8 :09 AM /\ u Li. J.. b. L 11 U 1 : J. 4 F ~11 CJT V CF FORT WORTH NO . 32 0 P 1/9 --· I /,./1,s f}u·I/ eo.~"1{.,,,, ~ 1>,,. I ~ TO: FROM: ~YJ2~ fil#ll FAX : 811 -~-or~ NO. OF PAGES, INCLUDING THIS SHEET: ? /1:J - . DATE: 1i/-l.'1 /2•/0 TIM E: rSUBJECT: ~~ ~~-fer't't ./,• n, -' •ttJ -// ,___ ___ COMMENTS: At~ No-I --~ L---·--· ~ l--- ~ i ---~ ----·----,------------------' IN CASE OF A PROBLEM WITH OUR FAX TRANSMISSION OR DIFFICULTY IN TRANSMITTING TO US, PLEASE CAL L 817-392-7913 . AUb .16.1.010 ::22PM CI TY OF FORT WORTH W\ '1')2 'hi, J L CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NOJ Issued: August 26, 20 l 0 FOR CONCRETE RESTORATION (lOl.0-11 ) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH CITY PROJECT NO. 01593 TP\V PROJECT NO. C293-541200-202 '330159383 Prospective Bidders are hereby notified of the following revision: P. 1/ 1 1. Attached ''Other Detai ls " (10tal 8 pages) to be added after ''Project Designation Sign'i detail page . Please acknowledg e receipt of th is addendum by inserting signed copy of same i.nto yo ur proposal at time of bidding. Failure to returo a signed copy of this addendum shall be grounds of rendering the bid non-responsive. Najib Fares, P .E ., Infrastructure Mana.ger By: Tariqul Islam, Project Manager NO . ~ 2 i CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADUENDUM NO. 1 Issued: August 26, 2010 FOR CONCRETE RESTORATION (2010-11) AT VARIOUS LOCATIONS IN THE CITY OF FORT \\i.ORTH CITY PROJECT NO. 01593 TP\V PROJECT NO. C293-541200-202330159383 Prospective Bidders are hereby notified of the following revision: P. 1/1 1. Attached "Other Details" (total 8 pages) to be added after "Project Designatio Sign '' detail page. Please acknowledge receipt of this addendum by inserting signed copy of same in1o yo ·n proposal at time of bidding. Failure to return a signed copy of this addendum shali be grounds c ,. rendering the bid non-responsive. 1 Najib Fares, P.E., Infrastructure Manager By: Tariqul Islam, Project Manager NO . 32 C F'. 9/~ ri v'.;. LO. LU,, i :L Jr'M ... ,. ., ,. ,. .. ~ Typical Curb and Gutter ....._ ___ ___;__:.. ___________________ ._ -·-------' •...:...-.;.-L.:.'.-.:.1 '.:;.;:,'""' .. ~~ ~ -.-~ ~-~ {''';i,J _... ~ -b-8 ~~~J .r..:;:1'1 #4 ·u~ BARS O 18" O.C. TI-IESE BA.RS MUST BE PLAC£0 AT fH£ llME TH£ PA\IINC SLAR IS POt.lRED L. , \ I"~~ t·:Jd ,r =J . •} 9t ' • . • ~ . SUPERIMPOSE'IJ CURB NOT TO SCI\U. NOTE: IF CURB SECTION IS POURED AFTER irlE :>AV!NG SLAB HAS BffN CONSTRUCTEO. 1HE S[CTION il.#,Y & !JS£0 AS AN ALl[Rt,j.111[ METI-IOD FOR CONSTRUCTiNG rnE A. TI ACHED CURB. NO. 4 BARS 18" C-C BOTH WA Y'S PA\liNG St.AB-..,,_ 1 J/4"-Lr ' ) ' . P ~::t ..,.rr. J ' j . . . . \ . . . . . • : ... = ... ,~ • -.. , ... MONOLITHIC CURB HOT TO SCAl..E' l:f"·\J ':~ .·.2J -:-;;; '.J L (FOR ATTAcHE_v_c_uR_s_1 ________ _ :)C' C C ,..__ a ,..__ = -· = "-' --,· -:;~ ·< 0 _) _...,,,...., --j .::.:: .::::, c= --1 .r .2':. q ._,,_, i's.:> = .:, co ·----... -c, t3 Nu• BARS o 1a• o.c. niESE BARS MUST BE PLACfD A. i THE TIM£ THC PA VINC SLAB IS POURED OOSllNG SUBGRADE r ·" --=--12·----=·L !'--=---6· ___ j _, ____ .I . ..:;;...--t •• ~ I 7" CURB REPAIR DETAIL NOT JO SCALE MlNIMUM EXCAWJ ION OUTUN£ FOR STREET CONSTRUCl?ON "· C C C .,. C = s TEEL RE I NFORCEMENT I PLACEMENT _J 1 PAVEMENT CLEAR DISTANCE-, H <.: ROM FACE OE_ PAVEM NT T = 6" 2" 1 T = 7" 2 1/3" T = 8" 2 2/3" NOTE: ALL DOWELS TO BE PLACED@ T/2 • .:r. C c; ..... c, C .- ·,- c ;....,: ~ C = = SlLlCON£ JOINT SEALANT ( REMOVE &. REPLACE) ±3/4 11 ii #6 SMOOTH <EXISTt.lG REBAR ) • I--~~ ' l=:;=;:r-~~ • POLYETHYLENE BONO --~BREAKER TAPE ~----+~-----~-CREMOVE & REPLACE> ., L-~~R(DWOOO EXPANSCON JOINT FILLER <EX1ST"4G TO BE REPLACED- IF ADJACENT PAVEMENT SLA8 IS TO BE REPLACED) --..L-<'---'~--LJ----->~- EXISTLNG DOWEL SUPPORT BASKET JOl!VT DETAIL NO. 1 SEAL FOR TRANSVERSE EXPANS/0/\I JOINT NOT TO SCALE NOTES; :c 1-- ,. V ' '<'.:"" 0. -+--, w 0 1-z 0 , 0 z I- V1 ~ ,q- ~ :!:1/4" • • JOINT SAWEO JOINT FACE 3/Bn DIA. CLOSED CELL EXPANDED POLYETHYLENE FOAM BACKER ROD _._ ___ ,___-_; X w JOINT DETAIL NO. 2 SEAL FOR SAWED ·ouMMY JOINT NOT TO SCALE · A-DETAI L JOlNT 1& 2 APPLY TO JOINTS WITH EXlSTING PAVEMENT SECT]ONS ON BO TH SIDES OF CENTERLINE OF JOINT & WHERE CO NTRAClOR JS CLEANING & REJ..OVlNG EXISTJNG JOINT MATERlAL & REPLACING WITH SILICONE JOINT SEALANT B-DETAJL JOJNT 1 ~ 2 APPLY TO JOINlS WITH EXISTING .PAVEMENT SECTIONS NEXT REPLACED CONCRETE SECTIONS TO ----·----------------- "· 0 -.; f C C .. .. C = ~ C = :.r. 2' ~ v > I'-.> = I ·,::, ,_n .... ,_ T :l: SI C t, z -t- VI xl w I T/2 f TRANSVERSE CONSTRUCTION BUT1 JOINT WITH '1/SILICONE JOINT SEALAN T. SE£ JOINT DETAIL 2 #4 @ 18 " C-( i NEW CONCRETE SL AB L •• • • • * TRANSVERSE CONSTRUCTION BUTT JOINT NOi TO SC ALE L DNGJT UO INA L CONSlR UCT JON BUTT JO lN T WI TH S ILJCOWE JOlHT SEALANT . SEE JO l NT DET AI L No , 2 LONGI TUDINAL CONSTRUCTION B UTT JOINT NOT TO SCALE ' ::i: C G "-a -- F .. "-0 ' ' ( - ·< C -,- -,- c::: ·"'- ~ C ;_-x.::. -a ::c. ...... '-'· ________________ ____,[ 12" TRA\IERSt EXPANSION JOINT WITHOUT DOWEL SUPPOR T 6ASK£T SEE 0£TAIL 1 ------ TRANSVERSE EXPANSION CONSTRUCTION BUTT JOINT lBETWEEN EXIST. AND PROP. PAVEMENT) NOT TD SCALE. #4 ct 1B " C-1' DOWEL SLE[Vt OR CAP TO flT #5 DOWEL~ 6£ SECURED i l C: -. _, C -,- .., .. C = ::!= C = = j w.5££ TAB LE ~JOINT SEALA~T. SE[ JOINT DETAIL 2 VERTICAL CUT SAW~/ ... . z 4 u .. .. •4 • . . • . <I .. • • • .d SAW£[) DUAi/MY JOINT TRANSVERSE EXPANSI ON JO!N T fORMEO GROOVE ROUNDED TO '/~" . RADIUS WITH SILICONE JO INT SEALANT AND REDWOOD EXPANSION JO!NT FJLLER. REPLACE FLLER JF NEEOCD . SEE JOINT DET A!L 1 NO. 3 8ARS @ 24 " C-C BOTH WAYS NOT TO SCA LE I O. 6X24" SMOOTH DOWEJ::---1 @ 24" c-c 16" DOWEL COAT I NC • EXISTING TRANSVERSE EXPANSION JOINT NOT TO SCALE • .a 1 1/4H MIN, CLEARANCE DOWEL SLEEVE OR CAP TO FIT #6 DOWEL~ BE SECURED NO. 3 BARS@ 24w C-C BOTH WAYS . \ • :c C. C, .,..: .... ·,. 11 .::-: -·. ·< -,- c; = ::,;;, 0 = --j = ,_._:, "-> ll ,-._;, ·....._. ----------·-_::-_--_-_-_---------------------------------------Jl SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE RESTORATION (2010-11) ATV ARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 01593 ~ TPW PROJECT NO. C293-541200-20~30159383 <3-'f-{o S,P.E. DATE INF STRUCTURE MANAGER TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Minority and Women Business Enterprise Specifications 4. Proposal 5. Special Provisions 6. Item 360, Concrete Pavement (Modified Specification) 7. Prevailing Wage Rates 8. Vendor Compliance 9. Contractor Compliance with Worker's Compensation Law 10. Certificate of Insurance 11. Equipment Schedule 12. Experience Record 13. Performance Bond 14. Payment Bond 15. Maintenance Bond 16. Contract 17. Notice of Construction Detail 18. Project Designation Sign Detail 19. Other Details 20. Street Locations Sealed Proposals for the following : CONCRETE RESTORATION (2010-11) AT VARIOUS LOCATIONS CITY PROJECT NO. 01593 >-- TPW PROJECT NO. C-293-541200-2~30159383 Subm it package to City of Fort Worth , Purchasing D iv ision , in the lower level of the Municipal Bu ild ing , 1000 Throckmorton Street, Fort Worth , Texas 76 102 until 1:30 P.M., Thursday, September 9, 2010, and then publicly read aloud at 2 :00 p.m., in the Counc il Chambers. Specifications and Contract Documents for this project can be purchased for a non-refundable fee of twenty dollars ($20 .00) per set at the office of Transportation and Public Works Department, second floor of Municipal Building , 1000 Throckmorton Street , Fort Worth , Texas 76102 . These documents contain additional information . A pre -bid conference will be held at 10:00 A.M . August 26, 2010, in Conference Room 270 , 2nd Floor , Mun icipal Build ing . The major work on the above-referenced project shall cons ist of the follow ing items : 9 ,444 2 ,171 1,654 SY LF CY Reinforced Concrete Pavement 7" Concrete Curb Replacement Flex ible Base Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications . For additional information , please contact Tariqul Islam, Project Manager at (817) 392 -2486 . DALE A. FISSELER, P.E. CITY MANAGER Advertising Dates: August 12, 2010 August19,2010 1 - 1 WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By:~-~--.,- TARIQUL ISLAM Graduate Engineer SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may 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 Transportation and Public Works Department at (817) 3 92- 2486 . Bids that do not acknowledge all applicable addenda will be rejected as non- responsive . SPECIAL INSTRUCTIONS TO BIDDERS - I - 4. AW ARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine ( 49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS : The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100 ,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS - 2 - 6. LIQUIDATED DAMAGES: The , Contractor's attention is called to Part 1 -General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RA TES: All bidders will be required to comply with prov1s1on 5159a of "Vemons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Transportation and Public Works for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS - 3 - D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A .M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than work er'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 INSTRUCTIONS TO BIDDERS - 4 - - "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or SPECIAL INSTRUCTIONS TO BIDDERS -s - not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "O" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor -City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be SPECIAL INSTRUCTIONS TO BIDDERS - 6 - 13. 14. grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation ( other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period oftime of not less than three years. 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. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6 :00 a .m . -10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until SPECIAL INSTRUCTIONS TO BIDDERS - 7 - 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a .m. if use of motorized equipment is less than I-hour. or if equipment is new and certified by EPA as "Low Emitting". or equipment 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. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C . The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D . If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the SPECIAL INSTRUCTIONS TO BIDDERS - 8 - ... coverage period, file a new certificate of coverage with the governmental entity . showing that coverage has been extended. E. The contractor shall obtain from each person 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: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 ( 44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -9 - (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6), notify the governmental entity in writing by certified mail or personal delivery , within ten days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs ( 1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J . By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will pro vide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions . K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City . "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered , and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." SPECIAL INSTRUCTIONS TO BIDDERS -IO - "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11 - FORT WORTH -"-,-·w· City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000 , the M/WBE oal is not a licable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project is .JJL% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more , bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded : opening date, exclusive of the bid opening date . 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date . stated aoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation : openina date , exclusive of the bid opening date . 4. Prime Contractor Waiver Form , if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/suoolier work: opening date, exclusive of the bid opening date . 5. Joint Venture Form , if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. openina date , exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questi ons, please contact the M/WBE Office at (817) 392-6104. Rev. 11 /1/05 FORT WORTH ~-City of Fort Worth ATIACHMENT 1A Page 1 of 4 09 -70-70AQ( :33 Subcontractors/Suppliers Utilization Form Rcvo PRIME COMPANY NAME: Check applicable block to describe prime W£-sr .Jiu.. eo~re."c...~,od ::G,ic._ / I M!W/DBE 11 NON-M!W/DBE PROJECT NAME: BID DATE (!!i) µc..flU' ~ tZ.i!!~"f"ek,,,A rt o~ ZOIO ..-JI q .. q .. 2.£> to City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 18% ,~ % Ot5C/~ Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geograph ic area of Tarrant, Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women bus inesses by the North Central Texas Reg ional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway d ivision . Disadvantaged Bus iness Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators , and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators , but w ill only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. 7 - 1 Rev . 5/30/03 - --- -1 ~ j J ---.. :1 ~ -- ~ -I J 1 I I I J I~ I i ~ ' D .... fORTWOR TH ---......,....-~- ATIACHMENT 1A Page 2 of 4 v~-,u -/U A0 9 :33 RCV D Primes are requ ired to identify ALL subcontractors/suppliers, regardless of status ; i.e ., Minori ty, Women and non-MNv'BEs. Please li st MNv'BE fi rms first , use add itiona l sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Detail Company Name i N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A (!_l) oS'T' evl ~ (<e.p;, ._,{,~ 4 &,Is,. () 0 0 ~; l(t,t-J v I (!e~'('c::. ;/;6 ,@ o o-~Jal!-'f"f:. ~~ {..J'~fi. L ~dA (!£)1-Lr /Uk.:f 41 r1l» el:-, 'µ G:, I V rtl-L,~ ,,J.., 2-l?J.) ()£50 rDM /..µe/l:Z"t ./ (!__6)µ c..tl.e:r <...;, J 6)tl'l.'t .J.. l?e.~.:t/L.ltf" t){i.~ V ~~dfl' 2 '1 , oeo l <Jo . 7 2 -Rev . 5/30 /03 - ATIACHMENT 1A fORTWORTH Page 3 of 4 ~ I Primes are requ ired to identify ALL subcontractors/suppliers, regardless of stat us; i.e ., Minori ty , Women and non -M/WBEs . 1 Please li st M/WBE fi rms first , use additiona l s heets if necessary. Certification N -(check one) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Deta il -Company Name I N I C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D V\ l Telephone/Fax r B B R 0 B E E C T E I A J _J I I - \ I J ! ... I i J I . I 1 i .. I I ~J I I I] ·1 l , 7 -3 Rev . 5/30 /03 FORT WORTH ~- 0 9 -1" - l Total Dollar Amount ofM/WBE Subcontractors/Suppliers ~ 1UA 09 :33 $ Cl4 ,oi'f§ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 'Z-'11 voo 1 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ \21,een ATTACHMENT 1A Page 4 of 4 The Contractor will not make additions , deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of l contract and may result in debarment in accord with the procedures outlined in the ord inance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination . By affixing a signature to this form , the Offerer 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 part icipating in City work for a period of time not less than one (1) year . ~ Title Contact Name/Title (if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date 7 -4 Rev . 5/30/03 - FORT WORTH -"-, w· . City of Fort Worth 0 9_ 7 0 ATIACHMENT 1 B Page 1 of 1 -10 Ao9 . Prime Contractor Waiver Form · 3 3 Rcvo PRIME COMPANY NAME: Check applicable block to describe prime lJ'f: 'S~l U. ~ ..S,."J" :£:.p..<-I M/W/DBE I X NON-M/W/DBE PROJECT NAME: ZOJ6J.--/f BID DATE CJ) J..l ~-('G ~>"("E#~A '('rD;tJ City's M/WBE Project Goal: PROJECT NUMBER 10% O t t;~~ If both answers to this form are YES, do not complete ATIACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a deta iled explanation provided , if applicab le . If the answer to either question is NO , then you must complete ATTACHMENT 1C. This form is only appl icable if .both answers are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result In the bid being considered non-responsive to bid specifications . Will you perform this entire contract without subcontractors? YES If yes , please provide a detailed explanation that proves based on the size and scope of this )< NO project, this is your normal business practice and provide an operational profile of your business . Will you perform this entire contract without suppliers? YES If yes , please provide a detailed explanation that proves based on the size and scope of this IJ, project, this is your normal business practice and provide an inventory profile of your bus iness . NO .. The bidder further agrees to provide , directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors , including M/WBE(s) on this contract , the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books , records and files held by their company that will substantiate the actual work performed by the M/WBEs on th is contract , by an authorized officer or employee of the C ity . Any intentional and/or knowing misrepresentation of facts will be grounds for term inating 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 fai lure to comply w ith th is ord inance creates a ma terial breach of contract may result in a determination of an irresponsible offeror and barred from partic ipating in City work for a perio f time not less than one 1 ear. Printed Signature Title Contact Name (if d ifferent) W<->~(-+lLC-~tL.,$-C.: r,.,c. t3 t ,z . ,; ,; 8 > Z ~o <t Company Name Phone Number Fax Number Address C.,,le-.b ~<; T.:_.-t, ~CiJ~~ Email Address C ity/State/Zip Date Rev . 5/30/03 VENDOR COMPLIANCE TO STATE LAW 0 9_10_70 A09 :33 The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in------(give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business , are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas . ~ BIDDER: (?10 t?o:/: w,~ (!..lc.);1 f c.f . City State Zip Title : __ 0 ....... th_e--_>....:'-------- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6-1 Re Vo Bld Date: Project Name: Project DOE #: City Project #: Project Manager. MWBE Documentation. Received Department of Engineering \l o.oo,.\.S \ .C\c o~aos 0\S9:?> Forms submitted by: Name: -D-..!.... ~tr\~-~~R-j~L-l:....)'1,,.q..,:·\d1io...1-___________ _ Title : Company : _.::..:CD:::::..,~~..:....ln.....!.'..l-a\ \..:...\ ~W.:::..,f\~'Q""-:\ru~Q,,;Q::...,ti;I..!' .:-O!.l...0 ...1...,-· -1,.l\ O~C ...:..· --- . Signature of City Staff receiving: _j~a.,,...M~~~ ...... ,,,;..(D~· -~.i.:::""-=~~---------- TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH, TEXAS 76102 FOR: CONCRETE RESTORATION (2010-11) ATV ARIOUS LOCATIONS CITY PROJECT NO. 01593 ~ PROPOSAL TPW PROJECT NO. C293-541200-20/330159383 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Transportation and Public Works Department of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2EA. Project Designation Sign @ Two Hundred Dollars & No Cents Per EA. $ 200.00 $ 400.00 P-1 '. SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 2 LUMPSUM Utility Adjustment@ Four Thousand Dollars & No Cents Per L.S . $ 4,000.00 $ 4,000.00 S.P. 3. 9,444 S.Y. Remove & Replace Failed Reinforced 314 Concrete Pavement @ 360 fb-rz-,r '1. ~ <L ..__ Dollars & $ 4-5~ $ 4Z.tt/f 80 HO Cents Per SY . S.P. 4. 26,119 L.F. Silicon Joint Sealing for Concrete Pavement@ (),.lt, Dollars l~ "ti,? 130!2 & ,u1: Cents Per LF. $ $ S.P. 5. 2,171 L.F. Remove & Replace 7" Concrete Curb@ Tc.vo Dollars $ 2.~ $ 4342~ NP & Cents Per LF. S.P. 6. 1,654 C.Y. Flex BaseJi F, ~ Dollars & t-lo Cents Per CY. $ 5~ $ E?,21b~ S.P. 7. 1,512 C.Y. Unclassified Street Excavation @ {) ,-1. ~ Dollars ,~ (5112..~ NO $ $ & Cents Per CY. ~ S.P. 8. 525 C.Y. Concrete -Install@ 4i1Z5°? N,..tt.~1 Dollars qf)~ ~ $ $ & Ho Cents Per CY. S.P. 9. I EA. Remobilization @ Five Hundred Dollars & No Cents Per Each $ 500.00 $ 500.00 TOTAL BID s51CJ 5~4~ ) P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within fil!£ hundred fifty (150) 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 undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached check in the sum of -------------------------- ____________________ .Do II a rs($ _________ __, is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any of the locations. If the contractor fails to begin the work within ten {10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. l (Initials) -~ /J /I f Addendum No. 2 (Initials)~ Addendum No. 3 (Initials)_ (Seal) Date: _____ _ P-3 Respe(lfully submitted, W f1... ~'fi z...<.. ~as-r: ~ ,. Company N By: ___ _,,,__ _________ _ Sig~e -:'?. _ "i? I ~ t<..JJ!-f tlo c.1.>> -t A$-~ Printed Name of Principal Address :l7o 'BO't.. 'tl)>Cir .. eJc..b.,~1 Tc',7' E-mail Address : l,..Jc.,4,r,J.., .. '"' e«JI'-~ -1-c. a.a i.e .. -.. Telephone: ~t'J ~ ~~ .~St,4- VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that , in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in ______ (give State), our principal place of business, are required to be percent lower than resident bidders by State law . A copy of the Statute is attached. Nonresident vendors in (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 : (!,)eb v n # c TLf , l o°7> 3 City Sta\e Zip By : riF 1&i i,u o<-P~ ( leas n ~ -_ Signature:(~ Title : __,f7_,n_~_>_-'_J_-_~------- (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6 - 1 SPECIAL PROVISIONS FOR: CONCRETE RESTORATION (2010-11) ATV ARIOUS LOCATIONS CITY PROEJCT NO. 01593 p,,, TPW PROJECT NO. C293-541200-20,'330159383 1. SCOPE OF WORK: / The work, covered by these specifications , includes removing failed reinforced concrete pavement and replacing with a minimum of 7-inches of new reinforced concrete pavement and removing failed joint material and replacing with new joint material and new silicone joint sealant. The work also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work . The Contractor shall mobilize within ten (10) working days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) working days, a $200 dollars liquidated damage will be assessed per block per day. It shall be the responsibility of the prospective bidder to visit the project sites 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. The contractor shall verify these locations with the Construction Engineer. For street locations , see list at the back of this document. At the sole discretion of the City, the City reserves the right to add , delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award . The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. All short turnouts that intersect with a street to be repaired shall be included in this contract, even though they may not be listed with the street locations at the back of this document, due to their size. The contractor shall verify these locations with the Construction Engineer prior to construction. The construction of these turnouts includes ; but, is not limited to , milling, cleaning, tack coating, overlaying and facility adjusting . I SP-1 Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. AW ARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. 3. SUBMITT ALS FOR CONTRACT AW ARD: The City reserves the right to require the contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 4. CONTRACT TIME: The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. The contract time will be counted from the date set at the pre-construction conference and will continue until a time the inspector determines the project is ready for a final inspection. At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the final inspection will be cancelled and time will continue to be counted. A five working day period is required for the rescheduling of a final inspection. The Contractor also agrees to complete the final punch list within ten (10) working days after receiving it. If the Contractor fails to complete the work within ten ( 10) working days, the counting of the number of days to complete the Contract will resume and liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth, Texas. SP-2 5. 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 failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more ( example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail; return receipt requested, demanding that within 10 days from the date that the letter is received, to provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contracted time. B. The Construction Engineer and the Director of the Transportation and Public Works Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that, in the City's sole discretion, is required to be provided to interested individuals will be distributed by the Construction Engineer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Construction Engineer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract; the bonding company will be notified appropriately. 6. 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. SP-3 7. CONSTRUCTION SPECIFICATIONS: This contract and projects 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 and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. A copy of these specifications may be purchased at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as detennined by the Director of the Transportation and Public Works Department. 9. 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 by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No . 14 for further requirements. 10. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Penn it" prior to starting work. As part of the "Street Use Pennit" 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 Unifonn Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Unifonn Act Regulating Traffic on SP-4 Highways", codified as Article 6701d Vernon's C iv il Statues, pertinent sections being Section Nos . 27 , 29, 30 and 31 . A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @817-392-8712 at least 10 working days prior to the preconstruction conference . Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign , street name sign , or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Depart- ment, Signs and Markings Division (phone number 817-392-7738), 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 re-installed, the Contractor shall again contact the Signs and Markings Div ision to re-install the permanent sign and shall leave his temporary sign in place until such re -installation is completed . The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets (primarily arterials) during "peak traffic periods (7 a.m. to 9 a .m . and to 4 p.m. to 6 p.m .)"; or, as determined 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 ." See "Street By Street Quantity Determination Spread Sheet", in the back of this document, for designated locations. The contractor will be responsible for coordination , of proposed construction activities , with public or private school administration . The proposed construction activities shall accommodate school operating schedules, including school bus/parent drop off and pick up periods. The contractor shall provide proper traffic and pedestrian control to ensure safety at all times. Construction areas shall be properly barricaded/fenced to prevent public entry. 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any street in this contract, the contractor shall , prepare and deliver a notice/flyer of the pending construction to the front door of each residence or business that will be impacted by construction . SP-5 The notice/flyer shall be posted three (3) working days prior to beginning construction activity along each street. The flyer shall be prepared on the Contractor's letterhead and shall include the following: o Project name/Contract name o Project number o Expected dates of construction o Contractors and project inspector's contact information A sample notice/flyer is included in the contract documents . The Electronic version of the notice/flyer can be obtained from the Office of the Transportation and Public Works Department (817) 392-2486 It will be the contractor 's responsibility to create and distribute a follow-up notice/flyer informing residents if for any reason work should stop on a project for more than five (5) working days after construction begins. The flyer should also include the anticipated date of when the work will begin again. It will be the contractor's responsibility to re-distribute a three (3) working day notification/flyer prior to beginning the construction activity. In addition, all copies of the notice/flyer shall be delivered to the City inspector for his review prior to distribution. The contractor will not be allowed to begin construction on any street until the flyer is delivered to all residents/businesses of the street. All work involved with the notice/flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 12. PAYMENT: Payment will be made to the contractor twice a month for work completed during the pay periods ending on the 15th and the 30th day of each month. Checks (less 5% retainage) will be sent to the contractor within the two (2) week window following each payment period . Payment of the retainage will be made with the final payment upon acceptance of the project. See Special Instructions to Bidders Item No . 14 for further requirements. 13. 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 SP-6 compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer 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 and no such extension of time sh~ll release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. 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 signage and barricades shall conform to the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. I". 15. 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) and a flood plain permit issued . All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain . Approval of the Contractor 's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site , upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at SP-7 its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material, rubble, equipment or vehicles within parkway is allowed . Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 16. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth . 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. CONSTRUCTION SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, special coordination with schools (see Item No. 10 Traffic Control for details), including project clean up, and allow the contractor to complete the work in the allotted time. Contractor will not move onto the job site 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. Contract start date would be outlined in the pre-construction work order notice. 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. 19. SAFETY RESTRICTIONS -WORK NEAR IDGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) 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: SP-8 "WARNING --UNLAWFUL TO OPERA TE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (3) 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. ( 4) When necessary to work within six feet of high voltage electric lines , notification shall be given to the power company (TXU Electric Delivery) which will erect temporary mechanical barriers , de-energize the line, or raise or lower the line . The work done by the power company shall not be at the expense of the City of Fort Worth . The notifying department shall maintain an accurate log of all such calls to TXU Electric Delivery and shall record action taken in each case. (5) The Contractor is required to make arrangements with TXU Electric Delivery for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 20. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract is made by City, 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. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits . Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. SP-9 21. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Cov enants and agrees to indemnify City 's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence . In addition, Contractor co venants and agrees to indemnify, hold harmless and defend , at its own expense, the City, its officers, servants and employ ees, 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 the City, its officers , servants, or employees . Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City 's officers , servants and employees and any damage , loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caus ed in whole or in part by the negligence or alleged negligence of the City, its officers, servants or employ ees. In the ev ent the City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to the City satisfactory evidence that the claim has been settled and /or a release from the claimant involved , or (b) provides the City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 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 approved, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor . Where the term "or equal ", or "approved equal " is not used in the specifications , this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is , in fact , equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. SP-10 23. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor, at his own expense. 24. 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. 25. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained written permission from the property Owner. A copy of the written permit shall be provided to the assigned inspector prior to utilization of the property . 26. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all ex isting structures, improvements and utilities , which may be encountered. And it shall be the contractor 's responsibility to call DIG- TESS prior to construction activities on any street. 27. 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". 28. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined, as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess SP-II and use the equipment necessary to comply with this program . The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, con struction, etc .). 29. 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 asphalt 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 in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City . The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than twenty four (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 deli v ered to the job site. The ticket shall specify the name of the pit supplying the fill material. NON-PAY ITEM No. 1 -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. SP-12 .... NON-PAY ITEM NO. 2 -REMOVAL OF TRAFFIC BUTTONS AND INSTALLATION OF TEMPORARY LANE TAPE: The Contractor shall be responsible for the documentation of all street markings prior to the removal and disposal of the pavement markings. All traffic buttons shall be removed from the existing pavement before replacement. The contractor shall be responsible for the removal and disposal of all buttons and markings. Upon completion of the job the City will install new buttons after proper notification . The contractor shall also be responsible for all materials , equipment and labor to place temporary adhesive lane marking tape to control and direct traffic in the same way as they were prior to start of construction. Any corrective action required on the temporary lane markings shall be the total responsibility of the Contractor and at no extra cost to the City. The contractor shall notify the Construction Engineer and T/PW Traffic Services to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.). All costs to the contractor shall be figured as subsidiary to this contract. NON-PAY ITEM No. 3-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. Upon completion of a street the contractor shall notify the utilities companies of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company AT&T-Telephone ONCOR Electric Delivery ATMOS Energy (Gas) CFW -Street Light CFW -Street Light Signal CFW -Pavement Marking Telephone Number 81 7-338-6202 214-384-3 732 Cell 81 7-215-6688 81 7-215-4366 469-261-2314 Cell 817-392-8033 81 7-392-8 775 81 7-360-6364 cell 817-392-810 7 SP-13 Contact Person Mr. Gary Tillory Mr. Robert Martinez Mr. John Crane Mr. Jim Wakefield Mr. K en Brock Mr. Chuck Sny der CFW -Storm Drain 817-392-5196 Mr. Juan Cadena CFW-Water 817-212-2699 Mr. Roger Hauser 817-925-2360 Cell CFW-Sewer 817-212-2699 Mr. Rick Davis 817-944 -8399 Cell NON-PAY ITEM NO. 4 -PROTECTION OF TREES, PLANTS, SOIL, ETC.: All property along and adjacent to the Contractor's operations including lawns, yards, irrigation systems, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Urban Forestry Office at (817) 392-7933 . 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 withhe ld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM NO. 5 -PROJECT CLEAN-UP: During the construction of this project, all parkways that are excavated shall be shaped, including bar ditches, and backfilled at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. 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 SP-14 • Keeping trash of any kind off of the roadway and residents ' property If it has been determined that the jobsite has not been kept in an orderly condition, the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. The Contractor shall make a final cleanup of each street as soon as the paving and curb and gutter has been constructed . No more than five (5) working days shall elapse after completion of construction before the roadway and right-of-way is cleaned and restored . Failure to do so will be cause to stop the contractor from starting work on other streets . Project time will not be suspended, and a $200 charge per day will be made as liquidation damages. The Contractor shall make a final cleanup of all parts streets before acceptance of the project is made . 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. NON-PAY ITEM NO. 6 -STORM DRAIN INLET PROTECTION: All streets with storm drain inlets shall use inlet protection for sediment control , in accordance with the Standard Specifications for Public Works Construction-North Central Texas . The contractor shall be responsible for all materials , equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. NON-PAY ITEM NO. 7 -AGREEMENT OF QUANTITIES The streets will be measured and all quantities per street will be documented , a copy of the measured quantities will be provided to the contractor. If the Contractor in agreement of the measured quantities, then the Contractor is required to sign it and return it w ith in five (5) working days. If the Contractor is not in agreement, then the Contractor is required to , within five (5) working day s, arrange a field trip with the assigned inspector to show proof of the difference. PAY ITEM NO. 1 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. SP-15 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 Y4 inch fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 2 Utility Adjustment: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent ( 10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PAY ITEM No. 3 -Remove & Replace Failed Reinforced Concrete Pavement: This item shall include the removal of failed reinforced concrete pavement as designated by the construction Engineer with same day haul off of the removed material to a suitable dumpsite, and replacement with 7-inches reinforced concrete pavement. SP-16 Included in this pay item will be the placement of joint mate rial and silicone joint sealant. Joint material and silicone joint sealant shall be in accordance with the enclosed technical specification for "Silicone Joint Sealing for Concrete Pavement" and joint details . Also subsidiary to this pay item, Contractor shall adjust the top of existing manholes and water valve boxes as needed to match proposed grade. For specifications governing this item, see Standard City Specifications, Item No. 104 "Removing Old Concrete", Item No . 314 "Concrete Pavement", Item Nos . 450 "Adjusting Manholes and Item No . 360 "Concrete Pavement" (enclosed). For situations where extensi ve slab replacement is next to existing deteriorated or damaged curb , the contractor shall replace both slab and curb . The Engineer shall determine locations of curb replacement. Payment for slab replacement shall be addressed under this Pay Item and pay ment for curb replacement shall be addressed under Pay Item No. 5 "Remove & Replace 7" concrete curb". Contractor must remove ex isting failed pavement in a manner that subgrade is not disturbed . Contractor must re-compact subgrade and areas re-compacted shall have a uniform density not less than 95 % of maximum density (ASTM 0-698). In place density test per each repaired surface area shall be undertaken . The guidelines for compacting, per standard specification Item No. 202 , "Rolling", may be waived due to physical con struction restrictions. Engineer may accept other compaction methods . Payment for compacting, including labor and equipment, shall be incidental to other pay items in the contract. If in the process of removing failed concrete pavement, it is revealed that the subgrade, even after attempts to compact and re-shape, is not meeting requirements of standard specification Item No . 204 "Subgrade Preparation", and is ex hibiting severe ruts and poor material composition that can not be manipulated and compacted, the Contractor shall remove 6-inches of top subgrade and replace with flexible base. The cost of removing and disposing of subgrade and placing of fle x ible base shall be covered in Pay Item No . 6, "Flex Base". If failed concrete pavement has a depth that is less than 7-inches (distance between top of new pavement surface and re-compacted subgrade surface), the Contractor shall remove excess subgrade material. Subgrade must be re-shaped and re-compacted to allow replaced 7-inches thick concrete pavement section. Cost of removing and proper disposal of excess excavated material shall be covered under Pay Item No . 7, "Excavation ". If replaced pav ement section depth exceeds 7-inches and subgrade meets compaction requirements, the Contractor must pour a uniform pavement section ex ceeding 7-inches in depth. The cost of additional concrete shall be covered under Pay Item No. 8, "Concrete" and shall be full compensation for labor, material and equipment used . SP-17 The concrete shall be designed to include a minimum of 6 sacks of Type I, or Ty pe III cement. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A T y pe A water- reducing admixture and a Type C non-chloride set-accelerating admixture may be used with minimum 5 .5 sacks of type I or Type III cement to achieve the earliest possible concrete-setting times. The use of a set-retarding admixture will not be permitted. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch in seventy two (72) hours. Concrete pavement may be opened to traffic as long as the minimum compressiv e strength requirement of 3000 pounds per square inch has been met. If the concrete fails to reach the required 48-hour stre ngth, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Slump shall not e x ceed 3 inches. An entrained air content of three (3) to six (6) percent, as directed by the Engineer, shall be provided. The fine aggregate shall have fineness modules of 2 .60 to 2.80 . All admixtures used shall conform to the requirements of standard specifications Item No. 314, "Concrete Pavement" except that the Type C set-accelerating admi xture may require addition , at the job site, when the temperature of the concrete is above 55 ° F . Either transit-mix or central-mix concrete will be permitted . Existing concrete pavement shall be sawed full depth . Reinforcing bars (No. 3 @ 24" OCBW), dowels and tie bars shall be placed as shown on the enclosed joint details . All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Engineer. Screeds will not be allowed except if approved by the Engineer. Actual measured material in square yards, in place, shall be the basis for payment. Payment shall be full compensation for labor, material and equipment used , at the locations determined by the Engineer. PAY ITEM No. 4 -Silicon Joint Sealing for Concrete Pavement: This pay item shall includes removal and clean up of existing joints as out lined by the construction Engineer, and replacement of polyethylene bond breaker tape and redwood expansion joint filler at an expansion joint (when a slab is replaced at one side of a joint, Joint Detail No . I), backer rod at a dummy joint (Joint Detail No.2) and reinstallation of silicone joint sealant. Silicone joint sealant shall be applicable for existing joints (transverse, longitudinal , either construction or an expansion joint). The newly formed joints that require new joint sealant also included in this pay item. Silicone joint sealant for joints between new and old concrete slabs shall be included in PAY ITEM No . 3 -Remove & Replace Failed Reinforced Concrete Pavement. SP-18 Joint material and silicone joint sealant shall be in accordance with the enclosed technical specification for "Silicone Joint Sealing for Concrete Pavement" and joint details. Removal and clean up of existing joint surfaces must yield uniform straight surface that would allow the proper installation of silicone sealant per manufacturer guidelines. Removal of existing joint material must be removed by an appropriate method such as a joint plow, a router or hooks . Sand blasting or water could be used to clean inside surfaces of joint in preparation of silicon application . Joint surfaces must be free of all contaminants and residue as called for by silicone manufacturer criteria and as indicated in the construction method of the technical specification for "Silicone Joint Sealing for Concrete Pavement". 1. SCOPE TECHNICAL 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 meets these requirements. 2.2. The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated , documented successful 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 sealant shall be cold applied. 2.3. Self-Leveling Silicone Joint Sealant: The joint sealant shall be Dow Coming 890-SL self-leveling silicone joint sealant as manufactured by Dow Coming Corporation, Midland , MI 48686-0994, or an approved equal. SP-19 Test Method AS SUPPLIED **** MIL-S-8802 ASTM D 1475 **** **** **** AS CURED - ASTM D 412 , ASTM D 3583 (Sect. 14 Mod.) ASTM C 719 ASTM D 3583 (Sect. 14 Mod.) ASTM D 3583 (Sect. 14 Mod.) Self-Leveling Silicone Joint Sealant Test Non Volatile Content,% min. Extrusion Rate , grams/minute Specific Gravity Skin-Over Time, minutes max . Cure Time, days Full Adhesion, days Mod. Elongation, % min. Modulus @ 150% Elongation, psi max. Movement, 10 cycles @ +l00/-50% Adhesion to Concrete, % Elongation min. Adhesion to Asphalt,% Elongation min . Requirement 96 to 99 275 to 550 1.206 to 1.340 60 14 to 21 14 to 21 1400 9 No Failure 600 600 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 dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial 1/4 inch width "green" saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days . Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F ( 4C) and rising. 4. EQUIPMENT SP-20 4 .1. All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work . The minimum 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 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. l, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes . Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. SP-21 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 Payment will be made at the Contract bid item unit price bid per linear foot (L.F .) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING", which price of shall be full compensation for furnishing all materials and for all preparation, delivery , and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. SP-22 PAY ITEM No. 5 -Remove and Replace 7" Concrete Curb: This item includes the replacement of curb where extensive slab replacement is required next to existing deteriorated or damaged curb with same day haul-off of the removed material to a suitable dumpsite . The contractor shall replace both slab and curb . The Engineer shall determine locations and limits of curb replacement. Standard specification Item No . 104 "Remove Old Concrete" and Item No .502, "Concrete Curb and Gutter", 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 no more than thirty (30) minutes after the concrete in the slab is placed. In situations where only curb replacement is called for , new slab and curb shall be drilled into existing pavement per detail sheet. Concrete slab shall be paid for under Pay Item No. 3 , "Reinforced Concrete Pavement" and curb shall be paid under this Pay item. Contractor shall backfill behind the curb within five (5) working days from the day of completing the curb, if the contractor fails to complete the backfill within five (5) working days, $100 dollar liquidated damage will be assessed per block per day. Required backfilling shall be at finish grade and shall be completed in order for the curb and gutter to be accepted and measured as completed. Top soil as per specification Item No . 116 "Top Soil", if needed, shall be added and leveled to finishing grade. Cost of back filling , top soil , and grading shall be included in this pay item . The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM No. 6 -Flex Base: This item addresses subgrade that has irregularities, weak spots; ruts, and not meeting compaction requirements as determined by the Engineer. Contractor shall excavate these areas and replace with flexible base material. Application of flexible base material shall be accordance with standard specification Item No. 208, "Flexible Base ". Measurement is in cubic yard and shall cover actual area of material used. Payment is full compensation and covers the cost of labor, material , and equipment used in excavating and hauling off failed subgrade material and manipulating, spreading, and compaction of flexible base material. Use of material shall be determined in the field by the Engineer or his Representative . SP-23 PAY ITEM No. 7 -Unclassified Street Excavation: This item covers the cost of removing excess subgrade material in areas where the existing failed pavement section is 6-inches or less in thickness and the proposed pavement is 7-inches or greater in thickness . This item covers the removal and proper disposal of excess subgrade material and shall be in accordance with standard specifications Item No. I 06, "Unclassified Street Excavation". Measurement is in cubic yards and payment shall be for all labor, equipment used and the removal and disposal of material. (Manipulation , re-shaping, and compaction of subgrade is covered under Pay Item No. 3, "Remove and Replace Failed Reinforced Concrete Pav ement".) Excavation shall be determined in the field by the Engineer or his Representative . PAY ITEM No. 8 -Concrete -Install: This item covers the cost of additional concrete used in the replaced pavement sections that exceeds 7-inches in depth. Replaced pavement section to be uniform and the concrete should be cast monolithically . Mix requirement, material selection , compressive strength , etc., shall match requirements highlighted in Pay Item No. 3, "Remove and Replace Failed Reinforced Concrete Pavement". Actual measured material in cubic yards, in place, shall be the basis for payment. Payment would be full compensation for labor , material and equipment used . Additional concrete shall be determined in the field by the Engineer or his Representative . PAY ITEM NO. 9 -Remobilization: This Item shall compensate the Contractor to remobilize personnel, equipment, supplies and material to perform additional work as directed by Engineer. Request for reimbursement of remobilization expenses shall be denied unless prior approval is granted by the Engineer. Remobilization shall be determined by the Engineer. The unit price per bid per each will be full compensation for all labor, equipment, material, tools , and all incidentals necessary to complete the work. END OF SECTION SP-24 ITEM 360 CONCRETE PAVEMENT 360.1. Description. Construct hydraulic cement concrete pavement with or without curbs on the concrete pavement. 360.2. Materials. A. Hydraulic Cement Concrete. Provide hydraulic cement concrete in accordance with Item 421 , "Hydraulic Cement Concrete," except that strength over-design is not required . Provide Class P concrete designed to meet a minimum average flexural strength of 570 psi or a minimum average compressive strength of 3,500 psi at 7 days or a minimum average flexural strength of 680 psi or a minimum average compressive strength of 4,400 psi at 28 days . Test in accordance with Tex-448-A or Tex-418-A . When shown on the plans or allowed , provide Class HES concrete for very early opening of small pavement areas or leave-outs to traffic. Design Class HES to meet the requirements of Class Panda minimum average flexural strength of 400 psi or a minimum average compressive strength of2,600 psi in 24 hr., unless other early strength and time requirements are shown on the plans or allowed. No strength over-design is required . Type III cement is allowed for Class HES concrete. Use Class A or P concrete for curbs that are placed separately from the pavement. Provide concrete that is workable and cohesive, possesses satisfactory finishing qualities, and conforms to the mix design and mix design slump . B. Reinforcing Steel. Provide Grade 60 deformed steel for bar reinforcement in accordance with Item 440, "Reinforcing Steel." Provide approved positioning and supporting devices (baskets and chairs) capable of securing and holding the reinforcing steel in proper position before and during paving. Provide corrosion protection when shown on the plans . 1. Dowels. Provide smooth, straight dowels of the size shown on the plans, free of burrs, and conforming to the requirements of Item 440, "Reinforcing Steel." Coat dowels with a thin film of grease or other approved de-bonding material. Provide dowel caps on the lubricated end of each dowel bar used in an expansion joint. Provide dowel caps filled with a soft compressible material with enough range of movement to allow complete closure of the expansion joint. 2. Tie Bars. Provide straight deformed steel tie bars. Pi;ovide either multiple-piece tie bars or single- piece tie bars as shown on the plans . Provide multiple-piece tie bars composed of2 pieces of deformed reinforcing steel with a coupling capable of developing a minimum tensile strength of 125% of the design yield strength of the deformed steel when tensile-tested in the assembled configuration . Provide a minimum length of33 diameters of the deformed steel in each piece . Use multiple-piece tie bars from the list of "Prequalified Multiple Piece Tie Bar Producers" maintained by the Construction Division, or submit samples for testing in accordance with Tex-711-I. C. Curing Materials. Provide Type 2 membrane curing compound conforming to DMS-4650 , "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants ." Provide SS-1 emulsified asphalt conforming to Item 300 , "Asphalts, Oils, and Emulsions," for concrete pavement to be overlayed with asphalt concrete under this Contract unless otherwise shown on the plans or approved . Provide materials for other methods of curing conforming to the requirements of Item 420 , "Concrete Structures ." D. Epoxy. Provide Type III epoxy in accordance with DMS-6100, "Epoxies and Adhesives ," for installing all drilled-in reinforcing steel. E. Evaporation Retardant. Provide evaporation retardant conforming to DMS-4650 , "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." F. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint-sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size, shape, and type shown on the plans in accordance with DMS-6310, "Joint Sealants and Fillers." 360.3. Equipment. Furnish and maintain all equ ipment in good working condition. Use measuring, mixing, and delivery equipment conforming to the requirements ofltem 421 , "Hydraulic Cement Concrete." Obtain approval for other equipment used. A. Placing, Consolidating, and Finishing Equipment. Provide approved self-propelled pav ing equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine-fini shed consolidated concrete pavement conforming to plan line and grade . Provide an approved automatic gr ade control system on slip-forming equipment. Provide approved mechanically operated finishing flo ats capable of producing a uniformly smooth pavement surface . Provide equipment capable of providing a fine , light water fog mist. Provide mechanically operated vibratory equipment capable of adequately consolidating the concrete . Provide immersion vibrators on the paving equipment at sufficiently clo se intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer's recommendations. Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute. Provide enough hand-operated immersion vibrators for timely and proper consolidation of the concrete along forms, at joints and in areas not covered by other vibratory equipment. Surface vibrators may be used to supplement equipment- mounted immersion vibrators. Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved , the paving equipment described in this Section is not required. B. Forming Equipment. t. Pavement Forms. Provide metal side forms of sufficient cross-section, strength, and rigidity to support the paving equipment and resi st the impact and vibration of the operation without visible springing or settlement. Use forms that are free from detrimental kinks , bends, or warps that could affect ride quality or alignment. Provide fle x ible or curved metal or wood forms for curves of 100-ft. radius or less. 2. Curb Forms. Provide curb forms for separately placed curbs that are not slipformed that conform to the requirements of Item 529, "Concrete Curb, Gutter, and Combined Curb and Gutter." C. Reinforcing Steel Inserting Equipment. Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details . D. Texturing Equipment. t. Carpet Drag. Provide a carpet drag mounted on a work bridge or a moveable support system . Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture. Obtain approval to vary the length and width of the carpet to accommodate specific applications . Use an artificial grass-type carpet having a molded polyethy lene pile face with a blade length of5/8 in . to I in ., a minimum weight of70 oz. per square yard, and a strong , durable , rot-resistant backing material bonded to the facing . 2. Tining Equipment. Provide a self-propelled transverse metal tine device equipped with 4-in. to 6-in. steel tines and with cross-section approximately 1/32 in . thick by 1/12 in . wide, spaced at I in., center-to-center. Hand-operated tining equipment that produces an equ ivalent texture may be used only on small or irregularly shaped areas or , when permitted , in emergencies due to equipment breakdown. E. Curing Equipment. Provide a self-propelled machine for applying membrane curing compound using mechanically pressurized spraying equipment with atomizing nozzles . Prov ide equipment and controls that maintain the required uniform rate of appli cation over the entire paving area . Provide curing equipment that is independent of all other equipment when production rates are such that the first application of membrane curing compound cannot be accomplished immediately after te xturing and after free moisture has disappeared. Hand-operated pressurized spraying equipment with atomizing nozzles may only be used on small or irregular areas or, when permitted, in emergencies due to equipment breakdown. F. Sawing Equipment. Provide power-driven concrete saws to saw the joints shown on the plans . Provide standby power-driven concrete saws during concrete sawing operations. Provide adequate illumination for nighttime sawing. G. Grinding Equipment. When required, provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades. Provide equipment with automatic grade control capable of grinding at least a 3-ft. width longitudinally in each pass without damaging the concrete. H. Testing Equipment. Provide testing equipment regardless of job-control testing responsibilities in accordance with Item 421 , "Hydraulic Cement Concrete," unless otherwise shown in the plans or specified . I. Coring Equipment. When required, provide coring equipment capable of extracting cores in accordance with the requirements ofTex-424-A . J. Miscellaneous Equipment. Furnish both I 0-ft . and 15-ft. steel or magnesium long-handled standard straightedges. Furnish enough work bridges , long enough to span the pavement, for finishing and inspection operations . Furnish date stencils to impress pavement placement dates into the fresh concrete, with numerals approximately 2 in . high by I in. wide by 1/4 in . deep . 360.4. Construction. Obtain approval for adjustments to plan grade-line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage. Maintain subgrade or base in a smooth, clean , compacted condition in conformity with the required section and established grade until the pavement concrete is placed . Keep subgrade or base damp with water sufficiently in advance of placing pavement concrete . Adequately light the active work areas for all nighttime operations . Provide and maintain tools and materials to perform testing . A. Paving and Quality Control Plan. Submit a paving and quality control plan for approval before beginning pavement construction operations . Include details of all operations in the concrete paving process, including longitudinal construction joint layout, sequencing, curing, lighting, early opening, leave-outs, sawing, inspection, testing, construction methods , other details and description of all equipment. List certified personnel performing the testing . Submit revisions to the paving and quality control plan for approval. B. Job-Control Testing. Unless otherwise shown on the plans, perform all fresh and hardened concrete job-control testing at the specified frequency . Provide job-control testing personnel meeting the requirements of Item 421, "Hydraulic Cement Concrete." Provide and maintain testing equipment, including strength testing equipment at a location acceptable to the Engineer . Use of a commercial laboratory is acceptable . Maintain all testing equipment calibrated in accordance with pertinent test methods . Make strength-testing equipment available to the Engineer for verification testing. Provide the Engineer the opportunity to witness all tests. The Engineer may require a retest if not given the opportunity to witness . Furnish a copy of all test results to the Engineer daily . Check the first few concrete loads for slump, air , and temperature on start-up production days to check for concrete conformance and consistency . Sample and prepare strength test specimens (2 specimens per test) on the first day of production and for each 3,000 sq. yd. or fraction thereof of concrete pavement thereafter . Prepare at least I set of strength-test specimens for each production day. Perform slump, air, and temperature tests each time strength specimens are made. Monitor concrete temperature to ensure that concrete is consistently within the temperature requirements . The Engineer will direct random job- control sampling and testing . Immediately investigate and take corrective action as approved if any Contractor test result, including tests performed for verification purposes, does not meet specification requirements. When job-control testing by the Contractor is waived by the plans, the Engineer will perform the testing; however, this does not waive the Contractor's responsibility for providing materials and work in accordance with this Item . 1. Job-Control Strength. Unless otherwise shown on the plans or permitted by the Engineer, use 7-day job-control concrete strength testing in accordance with Tex-448 -A or Tex-418-A . For 7-day job-control by flexural strength, use a flexural strength of 520 psi or a lower job-control strength value proven to meet a 28-day flexural strength of 680 psi as correlated in accordance with Tex-427-A. For 7-day job-control by compressive strength, use a compressive strength of 3,200 psi or a lower job-control strength value proven to meet a 28-day compressive strength of 4,400 psi as correlated in accordance with Tex-427-A. Job control of concrete strength may be correlated to an age other than 7 days in accordance with Tex-427-A when approved . Job-control strength of Class HES concrete is based on the required strength and time. When a job-control concrete strength test value is more than I 0% below the required job-control strength or when 3 consecutive job-control strength values fall below the required job-control strength, investigate the strength test procedures, the quality of materials, the concrete production operations, and other possible problem areas to determine the cause. Take necessary action to correct the problem, including redesign of the concrete mix if needed . The Engineer may suspend concrete paving if the Contractor is unable to identify, document, and correct the cause oflow strength test values in a timely manner . If any job-control strength is more than 15% below the required job-control strength, the Engineer will evaluate the structural adequacy of the pavements. When directed, remove and replace pavements found to be structurally inadequate at no additional cost. 2. Split-Sample Verification Testing. Perform split-sample verification testing with the Engineer on random samples taken and split by the Engineer at a rate of at least I for every IO job-control samples. The Engineer will evaluate the results of split-sample verification testing. Immediately investigate and take corrective action as approved when results of split-sample verification testing differ more than the allowable differences shown in Table I, or when the average of IO job-control strength results and the Engineer's split-sample strength result differ by more than I 0%. Table 1 V ·ri f T f L' ·t en 1ca ion es m2 1m1 s Test Method Allowable Differences Temperature Tex-422-A z op Slump, Tex-415-A I in . Air content, Tex-414-A or Tex-4 16-A 1% Flexural strength, Tex-448-A 19% Comoressive strength, Tex-418-A 10% C. Reinforcing Steel and Joint Assemblies . Accurately place and secure in position all reinforcing steel as shown on the plans . Place dowels at mid-depth of the pavement slab, parallel to the surface. Place dowels for transverse contraction joints parallel to the pavement edge . Tolerances for location and alignment of dowels will be shown on the plans. Stagger the longitudinal reinforcement splices to avoid having more than 1/3 of the splices within a 2-ft. longitudinal length of each lane of the pavement. Use multiple-piece tie bars or drill and epoxy grout tie bars at longitudinal construction joints. Verify that tie bars that are drilled and epoxied into concrete at longitudinal construction joints develop a pullout resistance equal to a minimum of3/4 of the yield strength of the steel after 7 days. Test 15 bars using ASTM E 488 , except that alternate approved equipment may be used . All 15 tested bars must meet the required pullout strength . If any of the test results do not meet the required minimum pullout strength, perform corrective measures to provide equivalent pullout resistance. Repair damage from testing. Acceptable corrective measures include but are not limited to installation of additional or longer tie bars . 1. Manual Placement. Secure reinforcing bars at alternate intersections with wire ties or locking support chairs. Tie all splices with wire. 2. Mechanical Placement. If mechanical placement ofreinforcement results in steel misalignment or improper location, poor concrete consolidation, or other inadequacies, complete the work using manual methods. D. Joints. Install joints as shown on the plans . Joint sealants are not required on concrete pavement that is to be overlaid with asphaltic materials. Clean and seal joints in accordance with Item 438, "Cleaning and Sealing Joints and Cracks (Rigid Pavement and Bridge Decks)." Repair excessive spalling of the joint saw groove using an approved method before installing the sealant. Seal all joints before opening the pavement to all traffic. When placing of concrete is stopped, install a rigid transverse bulkhead, accurately notched for the reinforcing steel and shaped accurately to the cross-section of the pavement. 1. Placing Reinforcement at Joints. Where the plans require an assembly of parts at pavem ent joints, complete and place the assembly at the required location and elevation with all parts rigidly secured in the required position . Accurately notch joint materials for the reinforcing steel. 2. Transverse Construction Joints. a. Continuously Reinforced Concrete Pavement (CRCP). Instal) additional longitudinal reinforcement through the bulkhead when shown on the plans . Protect the reinforcing steel immediately be yond the construction joint from damage, vibration, and impact. b. Concrete Pavement Contraction Design (CPCD). When the placing of concrete is intentionally stopped , instal) and rigidly secure a complete joint assembly and bulkhead in the planned transverse contraction joint location . When the placing of concrete is unintentionally stopped , install a transverse construction joint either at a planned transverse contraction joint location or mid-slab between planned transverse contraction joints. For mid -slab construction joints, instal) tie bars of the size and spacing used in the longitudinal joints. c. Curb Joints. Provide joints in the curb of the same type and location as the adjacent pavement. Use expansion joint material of the same thickness , type, and quality required for the pavement and of the section shown for the curb . Extend expansion joints through the curb . Construct curb joints at al) transverse pavement joints. For non-monolithic curb s , place reinforcing steel into the plastic concrete pavement as shown on the plans unless otherwise approved. Form or saw the weakened plane joint across the ful) width of concrete pavement and through the monolithic curbs. Construct curb joints in accordance with Item 529 , "Concrete Curb, Gutter, and Combined Curb and Gutter ." E. Placing and Removing Forms. Use clean and oiled forms. Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment. Pin every form at least at the middle and near each end . Tightly join and key form sections together to prevent relative displacement. Set side forms far enough in advance of concrete placement to permit inspection. Check conformity of the grade , alignment, and stability of forms immediately before placing concrete, and make al) necessary corrections. Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met. Stop paving operations if forms settle or deflect more than 1/8 in. under finishing operations. Reset forms to line and grade , and refinish the concrete surface to correct grade. A void damage to the edge of the pavement when removing forms . Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr. after form removal unless otherwise approved . Clean joint face and repair honeycombed or damaged areas within 24 hr . after a bulkhead for a transverse construction joint has been removed unless otherwise approved . When forms are removed before 72 hr. after concrete placement, promptly apply membrane curing compound to the edge of the concrete pavement. Forms that are not the same depth as the pavement but are within 2 in. of that depth are permitted if the subbase is trenched or the ful) width and length of the form base is supported with a firm material to produce the required pavement thickness . Promptly repair the form trench after use . Use flexible or curved wood or metal forms for curves of 100-ft. radius or less . F. Concrete Delivery. Clean delivery equipment as necessary to prevent accumulation of old concrete before loading fresh concrete . Use agitated delivery equipment for concrete designed to have a slump of more than 5 in . Segregated concrete is subject to rejection . Place agitated concrete within 60 min . after batching. Place non-agitated concrete within 45 min . after batching. In hot weather or under conditions causing quick setting of the concrete, times may be reduced by the Engineer. Time limitations may be extended if the Contractor can demonstrate that the concrete can be properly placed, consolidated, and finished without the use of additional water. G. Concrete Placement. Do not aUow the pavement edge to deviate from the established paving line by more than 1/2 in . at any point. Place the concrete as near as possible to its final location, and minimize segregation and rehandling . Where hand spreading is necessary , distribute concrete using shovels . Do not use rakes or vibrators to distribute concrete. 1. Pavement. Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment. Use immersion-type vibrators that simultaneously consolidate the full width of the placement when machine finishing . Keep vibrators from dislodging reinforcement. Use hand- operated vibrators to consolidate concrete in areas not accessible to the machine-mounted vibrators . Do not operate machine-mounted vibrators while the paving equipment is stationary. Vibrator operations are subject to review. 2. Date Imprinting. Imprint dates in the fresh concrete indicating the date of the concrete placement. Make impressions approximately 1 ft . from the outside longitudinal construction joint or edge of pavement and approximately 1 ft . from the transverse construction joint at the beginning of the placement day . Orient the impressions to be read from the outside shoulder in the direction of final traffic . Impress date in DD-MM-YY format. Imprinting of the Contractor name or logo in similar size characters to the date is allowed . 3. Curbs. Where curbs are placed separately, conform to the requirements of Item 529 , "Concrete Curb , Gutter, and Combined Curb and Gutter." 4. Temperature Restrictions. Place concrete that is between 40 °F and 95 °F when measured in accordance with Tex-422-A at the time of discharge , except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum . Take immediate corrective action or cease concrete production when the concrete temperature exceeds 95 °F. Do not place concrete when the ambient temperature in the shade is below 40 °F and falling unless approved . Concrete may be placed when the ambient temperature in the shade is above 35 °F and rising or above 40°F. When temperatures warrant protection against freezing , protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period . Submit for approval proposed measures to protect the concrete from anticipated freezing weather for the first 72 hr . after placement. Repair or replace all concrete damaged by freezing . H. Spreading and Finishing. Finish all concrete pavement with approved self-propelled equipment. Use power-driven spreaders, power-driven vibrators , power-driven strike-off, and screed, or approved alternate equipment. Use the transverse finishing equipment to compact and strike off the concrete to the required section and grade without surface voids . Use float equipment for final finishing. Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface. Use the minimal amount of water fog mist necessary to maintain a moist surface . Reduce fogging if float or straightedge operations result in excess slurry. 1. Finished Surface. Perform sufficient checks with long-handled I 0-ft. and 15-ft. straightedges on the plastic concrete to ensure that the final surface is within the tolerances specified in Surface Test A in Item 585, "Ride Quality for Pavement Surfaces ." Check with the straightedge parallel to the centerline. 2. Maintenance of Surface Moisture. Prevent surface drying of the pavement before application of the curing system . Accomplish this by fog applications of evaporation retardant on the pavement surface . Apply evaporation retardant at the rate recommended by the manufacturer. Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied . Do not use evaporation retardant as a finishing aid . Failure to take acceptable precautions to prevent surface drying of the pavement will be cause for shut down of pavement operations. 3. Surface Texturing. Perform surface texturing using a combination of a carpet drag and metal tining. Complete final texturing before the concrete has attained its initial set. Draw the carpet drag longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface . A metal-tine texture finish is required unless otherwise shown on the plans . Provide the metal-tine finish immediately after the concrete surface has set enough for consistent tining . Operate the metal-tine device to obtain grooves spaced at 1 in., approximately 3/16 in. deep, with a minimum depth of 1/8 in., and approximately 1/1 2 in . wide . Do not overlap a previously tined area . Use manual methods for achieving similar results on ramps and other irregular sections of pavements . Repair damage to the edge of the slab and joints immediately after texturing . Do not tine pavement that will be overlaid . 4. Small or Irregular Placements. Where machine placements and finishing of concrete pavement are not practical, use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade . 5. Emergency Procedures. Use hand-operated equipment for applying texture , evaporation retardant, and cure in the event of equipment breakdown. I. Curing. Keep the concrete pavement surface from drying by water fogging until the curing material has been applied. Maintain and promptly repair damage to curing materials on exposed surfaces of concrete pavement continuously for at least 3 curing days . A curing day is defined as a 24-hr . period when either the temperature taken in the shade away from artificial heat is above 50 °F for at least 19 hr . or when the surface temperature of the concrete is maintained above 40 °F for 24 hr . Curing begins when the concrete curing system has been applied. Stop concrete paving if curing compound is not being applied promptly and maintained adequately. Other methods of curing in accordance with Item 420, "Concrete Structures," may be used when specified or approved. 1. Membrane Curing. After texturing and immediately after the free surface moisture has disappeared, spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more than 180 sq. ft . per gallon . Apply the first coat within IO min . after completing texturing operations. Apply the second coat within 30 min. after completing texturing operations . Before and during application, maintain curing compounds in a uniformly agitated condition, free of settlement. Do not thin or dilute the curing compound . Where the coating shows discontinuities or other defects or if rain falls on the newly coated surface before the film has dried enough to resist damage , apply additional compound at the same rate of coverage to correct the damage. Ensure that the curing compound coats the sides of the tining grooves. 2. Asphalt Curing. When an asphaltic concrete overlay is required, apply a uniform coating of asphalt curing at a rate of 90 to 180 sq . ft . per gallon as required. Apply curing immediately after texturing and just after the free moisture (sheen) has disappeared . Obtain approval to add water to the emulsion to improve spray distribution. Maintain the asphalt application rate when using diluted emulsions. Maintain the emulsion in a mixed condition during application . 3. Curing Class HES Concrete. For all Class HES concrete pavement, provide membrane curing in accordance with Section 360.4 .1.1, "Membrane Curing," followed promptly by water curing until opening strength is achieved but not Jess than 24 hr. J. Sawing Joints. Saw joints to the depth shown on the plans as soon as sawing can be accomplished without damage to the pavement regardless of time of day or weather conditions. Some minor raveling of the saw cut is acceptable . Use a chalk line, string line, sawing template, or other approved method to provide a true joint alignment. Provide enough saws to match the paving production rate to ensure sawing completion at the earliest possible time to avoid uncontrolled cracking . Reduce paving production if necessary to ensure timely sawing of joints. Promptly restore membrane cure damaged within the first 72 hr. of curing. K. Protection of Pavement and Opening to Traffic. Testing for early opening is the responsibility of the Contractor regardless of job-control testing responsibilities unless otherwise shown in the plans or directed . Testing result interpretation for opening to traffic is subject to the approval of the Engineer. 1. Protection of Pavement. Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified . Before opening to traffic, protect the pavement from damage due to crossings using approved methods . Where a detour is not readily available or economically feasible , an occasional crossing of the roadway with overweight equipment may be permitted for relocating equipment only but not for hauling material. When an occasional crossing of overweight equipment is permitted , temporary matting or other approved methods may be required . Maintain an adequate supply of sheeting or other material to cover and protect fresh concrete surface from weather damage . Apply as needed to protect the pavement surface from weather. 2. Opening Pavement to All Traffic. Pavement that is 7 days old may be opened to all traffic. Before opening to traffic, clean pavement, place stable material against the pavement edges , seal joints, and perform all other traffic safety related work . 3. Opening Pavement to Construction Equipment. Unless otherwise shown on the plans , concrete pavement may be opened early to concrete paving equipment and related delivery equipment after the concrete is at least 48 hr. old and opening strength has been demonstrated in accordance with Section 360.4.K.4, "Early Opening to All Traffic," before curing is complete . Keep delivery equipment at least 2 ft. from the edge of the concrete pavement. Keep tracks of the paving equipment at least 1 ft. from the pavement edge. Protect textured surfaces from the paving equipment. Restore damaged membrane curing as soon as possible . Repair pavement damaged by paving or delivery equipment before opening to all traffic. 4. Early Opening to All Traffic. Concrete pavement may be opened after curing is complete and the concrete has attained a flexural strength of 450 psi or a compressive strength of 2,800 psi, except that pavement using Class HES concrete may be opened after 24 hr . if the specified strength is achieved. a. Strength Testing. Test concrete specimens cured under the same conditions as the portion of the pavement involved . b. Maturity Method. Unless otherwise shown on the plans, the maturity method, Tex-426-A, may be used to estimate concrete strength for early opening pavement to traffic . Install at least 2 maturity thermocouples for each day's placement in areas where the maturity method will be used for early opening. Thermocouples, when used, will be installed near the days final placement for areas being evaluated for early opening. Use test specimens to verify the strength-maturity relationship in accordance with Tex-426-A , starting with the first day's placement corresponding to the early opening pavement section. After the first day , verify the strength-maturity relationship at least every 10 days of production. Establish a new strength-maturity relationship when the strength specimens deviate more than 10% from the maturity-estimated strengths . Suspend use of the maturity method for opening pavements to traffic when the strength-maturity relationship deviates by more than 10% until a new strength-maturity relationship is established. When the maturity method is used intermittently or for only specific areas, the frequency of verification will be as determined by the Engineer . 5. Emergency Opening to Traffic. Under emergency conditions, when the pavement is at least 72 hr . old , open the pavement to traffic when directed in writing. Remove all obstructing materials, place stable material against the pavement edges , and perform other work involved in providing for the safety of traffic as required for emergency opening. L. Pavement Thickness. The Engineer will check the thickness in accordance with Tex-423-A unless other methods are shown on the plans . The Engineer will perform 1 thickness test consisting of 1 reading at approximately the center of each lane every 500 ft. or fraction thereof. Core where directed in accordance with Tex-424-A to verify deficiencies of more than 0 .2 in. from plan thickness and to determine the limits of deficiencies of more than 0. 75 in . from plan thickness. Fill core holes using a concrete mixture and method approved by the Engineer . 1. Thickness Deficiencies Greater than 0.2 in. When any depth test measured in accordance with Tex-423-A is deficient by more than 0.2 in . from the plan thickness , take one 4-in . diameter core at that location to verify the measurement. If the core is deficient by more than 0 .2 in . but not by more than 0.75 in . from the plan thickness, take 2 additional cores from the unit (as defined in Section 360.4 .L .3, "Pavement Units for Payment Adjustment") at intervals of at least 150 ft. and at locations selected by the Engineer, and determine the thickness of the unit for payment purposes by averaging the length of the 3 cores . In calculations of the average thickness of this unit of pavement, measurements in excess of the specified thickness by more than 0 .2 in. will be considered as the specified thickness plus 0.2 in . 2. Thickness Deficiencies Greater than 0.75 in . If a core is deficient by more than 0.75 in ., take additional cores at IO ft. intervals in each direction parallel to the centerline to determine the boundary of the deficient area . The Engineer will evaluate any area of pavement found deficient in thickness by more than 0 .75 in. but not more than I in. As directed, remove and replace the deficient areas without additional compensation or retain deficient areas without compensation. Remove and replace any area of pavement found deficient in thickness by more than I in . without additional compensation. 3. Pavement Units for Payment Adjustment. Limits for applying a payment adjustment for deficient pavement thickness from 0 .20 in . to not more than 0.75 in . are 500 ft . of pavement in each lane . Lane width will be as shown on typical sections and pavement design standards. For greater than 0 .75 in . deficient thickness, the limits for applying zero payment or requiring removal will be defined by coring or equivalent nondestructive means as determined by the Engineer. The remaining portion of the unit determined to be less than 0 .75 in. deficient will be subject to the payment adjustment based on the average core thickness at each end of the IO ft . interval investigation as determined by the Engineer. Shoulders will be measured for thickness unless otherwise shown on the plans . Shoulders 6 ft. wide or wider will be considered as lanes. Shoulders less than 6 ft . wide will be considered part of the adjacent lane . Limits for applying payment adjustment for deficient pavement thickness for ramps, widenings, acceleration and deceleration lanes, and other miscellaneous areas are 500 ft. in length . Areas less than 500 ft . in length will be individually evaluated for payment adjustment based on the plan area. M. Ride Quality. Unless otherwise shown on the plans , measure ride quality in accordance with Item 585, "Ride Quality for Pavement Surfaces." 360.5. Measurement. This Item will be measured as follows: A. Concrete Pavement. Concrete pavement will be measured by the square yard of surface area in place . The surface area includes the portion of the pavement slab extending beneath the curb . B. Curb. Curb on concrete pavement will be measured by the foot in place . 360.6. Payment. These prices are full compensation for materials, equipment, labor, tools, and incidentals . A. Concrete Pavement. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the adjusted unit price bid for "Concrete Pavement" of the type and depth specified as adjusted in accordance with Section 360 .6.B , "Deficient Thickness Adjustment." B. Deficient Thickness Adjustment. Where the average thickness of pavement is deficient in thickness by more than 0 .2 in . but not more than 0 .75 in., payment will be made using the adjustment factor as specified in Table 2 applied to the bid price for the deficient area for each unit as defined under Section 360.4 .L.3, "Pavement Units for Payment Adjustment." Table 2 e 1c1en 1c ness nee IIUS men D ti . t Th' k P . Ad ' t tF t ac or Deficiency in Thickness Determined by Proportional Part of Contract Price Cores (in.) Allowed (adjustment factor) Not defici ent 1.00 Over 0 .00 through 0.20 1.00 Over 0 .20 throue:h 0 .30 0 .80 Ove r 0.30 through 0.40 0 .72 Over 0.40 through 0 .50 0 .68 Over 0 .50 throue:h 0 .75 0 .5 7 C. Curb. Work performed and furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Curb" of the type specified. HEAVY & HIGHWAY CONSTRUCTION PREY AILING WAGE RA TES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Ot>erator Bulldozer Ooerator Caroenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe Derrick, Dragline, Shovel Operator Electrician Fla1t11:er Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipe layer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheeln-'amping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Ooerator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator Pneumatic Traveling Mixer Operator Truck Driver Lowboy-Float Truck Driver Single Axle, Heavy Truck Driver, Single Axle Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill, BorinR Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer ·- $10 .06 $13 .99 $12 .78 $11.01 $ 8.80 $14 .15 $ 9.88 $13 .22 $12 .80 $12 .85 $13 .27 $12 .00 $13 .63 $12 .50 $13 .56 $14.50 $10.61 $14.12 $18 .12 $ 8.43 $ I 1.63 $11.83 $13 .67 $16.30 $12.62 $ 9 .18 $10.65 $16 .97 $11.83 $ I 1.58 $15 .20 $14 .50 $14 .98 $13 .17 $10 .04 $11.04 $14 .86 $16 .29 $11.07 $10 .92 $ J 1.28 $11.42 $12 .32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10 .91 $1175 $12 .08 $14 .0 0 $13 .57 -1!.Q:09 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 Concrete Restoration (2010-11) at Various Locations and City of Fort Worth Project No. 01593. STATE OF TEXAS COUNTY OF TARRANT § § § By~ Name: ~ 'T&'lfuu~J l Title : T1 ~7 Date : O(.rq~ 'VJ 11> ~ ~fore m~. the undersigned authority, on this day personally appeared p lU"(ivo ld) , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same as the act and deed of lt.,2e-}< ,.i,u_ & vY'1"., :C>o <-. for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this qµ--day of ~e;rn\oer 20 ~~ . 9 -1 ~~~.~ Notary Public in and for the State of Texas e MARILYN K. NEWBY Notary Public STATE OF TEXAS My Cornm. Exp. 03/2312012 Bond No. 5086849 PERFORMANCE BOND THE STA TE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS : That we, (1 ), WESTHILL CONSTRUCTION, INC., as Principal herein , and (2) SURETEC INSURANCE COMP ANY , a corporation organized under the laws of the State of (3) TEXAS, and who is authorized to issue surety bonds in the State of Texas, Surety herein , are held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties, Texas , Obligee herein , in the sum of: FIVE HUNDRED NINETEEN THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS AND NINETY CENTS ...... ($519,984.90) Dollars for the payment of which sum we bind ourselves, our heirs , executors, administrators , successors and assigns , jointly and severally , firmly by these presents: WHEREAS, Principal has entered into a certain contract with the Obligee dated the 16th of NOVEMBER, 2010, a copy of which is attached hereto and made a part hereof, for the construction of: CONCRETE RESTORATION 2010-11 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 30th day of November, 2010. ATIEST: ~.,~~ (SE AL) ATIEST: Secretary (SE AL) ~dvcL Witness as to Surety 777 Main Street, Suite C-50, Fort Worth, TX 76102 (Address) WEST ILL CONSTRUCTION INC. PRI I Name: ------'-T-=-ed=-a...R=e.,_yn""""o""'"ld=s=----- Title: President Address: P.O . Box 2016 Cleburne, TX 76031 Sure Tee Insurance Company _ sf\J itit ·--0 ------- B · QA IA?, 2':-> -:~ Name: Teresa ~tlsey ::;,. : --: Attorney in fact :- Address: 9737 Great Hills "Frail Suite 320 Austin TX 78759 Telephone Number: (512) 732-0099 NOTE: Date of Bond must not be prior to the date of Contract (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond No. 5086849 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we , (I), WESTHILL CONSTRUCTION, INC., as Principal herein , and (2) SURETEC INSURANCE COMP ANY , a corporation organized and existing under the laws of the State of (3) TEXAS, as surety , are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein , in the amount of FIVE HUNDRED NINETEEN THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS AND NINETY CENTS ... Dollars ($519,984.90) 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 16th day of NOVEMBER, 2010, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: CONCRETE RESTORATION 2010-11 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 30th day of November , 2010. CONSTRUCTION INC. ATTEST: ~:A<~ Name : __ __,_T.:::.ed::::....:...;R:..:::e~yn:..:.:o=<..:.ld::::..:s~-- Title: ___ _,_P_,_r"""e"""sic::::d.:::.e~nts_.. ___ _ (SE AL) Address: P.O. Box 2016 Cleburne, TX 76031 Witness as to Principal ATIEST: Secretary NOTE : (1) (2) (3) SureTec Insurance Company su ~l By ~~ Name: Teresa Godsey ----- Attorney-l A'-"F ac f ---:-· • --- -' ~~-~~----------.: __ ~ -~ Address : 9737 Great t:,;!it~ J'rai L --'"' ·--. Suite 320 -· : C ,;:::--: -Austin TX 1'8759" -..._. : -~ :- Telephone Number: (512) 73-2-0099- Correct name of Princ ipal (Contractor). Correct name of Surety . State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: § § § Bond No. 5086849 MAINTENANCE BOND That WESTHILL CONSTRUCTION, INC. ("Contractor"), as principal , and , SURETEC INSURANCE COMPANY a corporation organized under the laws of the State of TEXAS, ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth , a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas , the sum of FIVE HUNDRED NINETEEN THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS AND NINETY CENTS Dollars ($519,984.90), lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors , said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors , jointly and severally . This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 16th of November, 2010 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : CONCRETE RESTORATION 2010-11 the same being referred to herein and in . said contract as the Work and being designated as project number(s) C293-541200-202330159383 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years ; and WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary ; and , WHEREAS , said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE , if said Contractor shall keep and perform its said agreement to maintain , repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void , and have no force or effect. Otherwise , this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF , this instrument is executed in 7 counterparts , each of which shall be deemed an original , this 30th day of November , A.D 2010 . ATIEST: (SE AL) ~-j(~~ Secretary ATIEST: ~~r~ -Socrotai:y W \~ ~ t. s s By:__. ___________ _ Name: ____ T_ed_R_e_y_n_o_ld--'-s _____ _ Title: President SureTec Insurance Company Surety "" -~ ~>-By . Q,AJ I) a. e · ---.:' --.::__·\ Name : Teresa G~ ..,_ : - Title : ----'A"'"'"tt=o"'"'r"'""'n"""e.,_y-'-ln-'-'-F=a-=-ct'---____ . 9737 Great Hills Trail, Suite 320 Austin TX 78759 Address POA #: 5086849 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Teresa Godsey its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Westhill Construction, Inc . Obligee: City of Fort Worth Amount: $ 519,984 .90 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2rl' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D . 20IO. State of Texas County of Harris ss : .... ~ ~~£:.~~~~:f" ~i "/,. -1 \i l;ji Ii.I i ~~ ex:\ ~ ja} ~ ... .J. ·' 'I"$ ....... ···/ -. .. - * .... COM!'~___ -. __ _ - -;: ' ..., -: On this 3rd day of September, A.O . 2010 before me personally came John Knox Jr., to me known , who, being by me duly sworn; did d,;:pose and i ay, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which exei;uted the apove instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so-atfix ed by·order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public , Stat e of Texas My Commission Expires Moy 18, 20 13 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ___ _ Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. -SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail , Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies , coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http ://www.tdi.state.tx.us Email : ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim , you should contact the Surety first. If the dispute is not resolved , you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot , civil insurrection , or acts of war. THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS This agreement made and entered into this the 16 day of N O VEMBER A .D ., 2010, 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 11 th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas , and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, WESTHILL CONSTRUCTION, INC., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: l. 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 comp lete the construction of certain improvements described as follows: CONCRETE RESTO RA TJON 2010-11 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of E ngineering 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 inspec · of OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the Department of Transportation of the City of Fort Worth and the City Council of the City of Fort Worth within a period of One Hundred & Eighty (180) 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 $200 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency . 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury , including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the 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 Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids 011 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 . · performance of the terms and stipulations of the Contract and for the payment to a,"""""'""~""-'1 CITY SECRETARY FT. WORTH, TX 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 for 100 percent ( 100%) of the total contract price , and said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay , and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be FIVE HUNDRED NINTEEN THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS AND NINTY CENTS ... Dollars, ($519,984.90). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth , Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. I 1. 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 THEREOF , the City of Fort Worth has caused this instrument to be signed in z 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 1 counterparts with its corporate seal attached . Done in Fort Worth , Texas, thi s the 16 day of NOVEMBER, A.D, 2010. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX APPROVAL RECOMMENDED: 9:;:::f;RK!: p~V ~f DIRECTOR, DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS ATTEST: WESTHILL CONSTRUCTION, INC. POBOX2016 CLEBURNE, TEXAS 76033 CONTRACTOR BY ~- ~ ~ttiP>-?~ TITLE (b 'Ibo )l Z.iJ ,ra, c.JJ~k.J/f!Jc l Ti. ADDRESS November 1960 Revised May 1986 Revised September 1992 Revised March 2006 CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER Contract Authorizatiou \ \ l \ k ~ 1.0 Date LEG : APP~AND OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX p 6) & \(. c()J t, (!_f-=-b ~c, 7e=i4J. 7 C:,o,"5 ) FORT WORTH ~ City of Fort Worth Finance Department • Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 RECEIPT OF BID (' I ~ ~-llv · (/ 1/J /{"A ( f,,u. I 11 A' o, " ...., "'Q c-,' s, ~;:; n-< Comp,nyN,m" jJ~ c ·~,, 0 '-' Indiv idu al Delivering: r-c/~~~-------=-------------4'+-~~---c;.,Ol n . Bid Title and Number: (i;') · ( fSJ? .J HJ./! Employee Signature: _ __;CJ<=-__._/ _____________________ _ Time and Date Received:------------------------ S,u,,LU> B,o Wh ite Copy -Customer Yd/ow Copy -Management C 06"'1c:.rt11:r~ 1<£.sr01Z4r10J ~ 2 D IO -I( B,o,j <;,#'LMU$. 9 2 [)J0 , / ,'.3t) 't:rl. City of Fort Worth Finance Department • Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 RECEIPT OF BID \j' I I f'o0) ~ {1-' I ('f; 01 /\~) --I Employee Signature: --~-=-----'------------'-c--f--=-'----------------~--- Yellow Copy -Management I r PROJECT DESIGNATION SIGN I ' I I r 4' -0" FONTS: --------4' -0" -------- sf' PMS-167 ==r 3" 3" C Project Title , 1 .. 3 "C 2ND LINE ' IF NECESSARY_/ ----r 3 11 1f'====== Contractor: ---=± 1" 2f'LContractor's Name' 2 1~"~ Scheduled Completion Date 1~" t Year 1 ,, 2 5,, 1 ,, FORT WORTH LOGO = CHEL TINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH -PMS 288 LONGHORN LOGO -PMS 167 LETTERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. DA TE : 9 -20-02 CONCRETE RESTORATION (2010-11) BLK LIMIT STREET NAME STREET LIMITS CD Ma sco SY 2500-2799 CLINTON AVE NW 25TH ST -NW 28TH ST 2 62F 770 2500-2799 ELLIS AVE NW 25TH ST -NW 28TH ST 2 62G 1,160 1900-2099 GRAINGER ST W RICHMOND AVE -HAWTHORNE AVE 9 77N 187 7692-7999 GRAND TETON TRL KLAMATH MOUNTAIN RD -REDWOOD TRL 4 36L 40 2230-2299 LUCAS DR VEL DR -PROTHROW ST 5 79R 500 4350-4799 MAYST W KELLIS ST - W FELIX ST 9 91J 882 7620-7707 MISTY RIDGE DR N GREENFERN LN -GOLDROCK DR 4 36N 90 2500-2599 N HOUSTON ST NW 25TH ST -NW 26TH ST 2 62F 700 5400-5499 NAVAJO BRIDGE TRL KLAMATH MOUNTAIN RD-ROGUE RIVER TRL 4 36L 319 6300-6399 OLD HEMPHILL RD STRATTON DR -ALTAMESA BLVD 6 91W 990 8000-8099 PALOVERDE DR COCONINI CT -SENECA DR 4 36J 70 8250-8299 QUACH IT A CROSSOVER ST LAKE MEAD TRL -HIBBS DR 4 36G 40 5700-6399 SANDSHELL DR FOSSILCREEK BLVD -N FWY SR NB 4 35Y 604 7500-7699 SILVER SAGE DR BRACKEN DR -GREENFERN LN 4 36P 492 5800-5999 TRUMAN DR RANSOM TER -LUCAS DR 5 79R 717 100-699 WALLEN AVE S MAIN ST -HEMPHILL ST 9 77N 538 6100-6109 WELCH AVE WEDGWORTH RD S -PVMT CHANGE 6 89Y 101 5800-6099 WELCH AVE WEDGMONT CIR N -WEDGWORTH RDS 6 89Y 942 2300-2399 WILLING AVE W JESSIMINE ST -ELIZABETH BLVD 9 76U 302 TOTAL 9,444